Office Policy Manual – Brokerage Relationship Policy – Independent Contractor Agreement

If you have not already done so in 2015, this is the year to update your Office Policy Manual and Independent Contractor Agreement.  We have avoided the need to update since 2007.  Changes in the marketplace and the law now drive the need for a 2015 update to your Office Policy Manual and Independent Contractor Agreement.

Office Policy Manual Changes Addressing:

  • Syndication of listings
  • Compensation for real estate related activities
  • Conflicts of interest and handling of confidential information
  • Integrated dual manuals for buy/sell brokerage and property management/leasing activities
  • Updates to fair housing protected classes
  • Updates to seller financing to be Dodd-Frank compliant
  • Computer systems, data control, backup and physical security of digital information
  • Internal audit and supervisory review procedures
  • Enhancements based on actual broker experiences over the past 8 years

Note:  If your firm brokers both buy/sell transactions and performs property management or leasing, then you’ll need two Office Policy Manuals, each costing $300. 

Office Policy Manual
Questionnaire & Order Form – PDF

Independent Contractor Agreement Changes addressing:

  • The widely varied office facilities, equipment and services offered by brokerage firms to agents
  • The ability of brokers to work remotely, without a “brick and mortar” office
  • Flexibility between “commission split” and “desk fee” concepts
  • Colorado’s legalization of marijuana
  • Enhancements based on actual broker experiences over the past 8 years

Independent Contractor Agreement
Questionnaire & Order Form – PDF

Brokerage Relationship Policy

All brokerage firms (even single broker entities) must maintain a written Brokerage Relationship Policy addressing questions like:

  • Do you work with sellers as a seller’s agent or a transaction broker?
  • Do you work with buyers as a buyer’s agents or a transaction broker?
  • When a buyer calls you on a sign call, do you stay a seller’s agent or do you become a transaction-broker?
  • When you help a buyer purchase a FSBO, do you work as a transaction broker or a buyer’s agent?
  • How do you handle situations where you are the only broker for a deal, but you have a special relationship with one side?

If your Brokerage Relationship Policy predates January of 2003 (the beginning of designated brokerage), you need a new Brokerage Relationship Policy.

Brokerage Relationship Policy
Questionnaire & Order Form – PDF

Frascona, Joiner, Goodman and Greenstein, P.C.
4750 Table Mesa Drive
Boulder, CO 80305
Tel: 303-494-3000
Fax: 303-494-6309