User8436_1_t Tony Marriott, Associate Broker, CRP, CLHMS, CRB, CRS ~~ Phoenix Arizona
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Here is a link back to Part 2 in case you missed it!

Article 2 of the Agreement covers the "behavior" commitments of the Buyer Associate.  They are committing to:

Being "Full Time" - real estate is their primary occupation - and they commit to doing what it takes to take care of clients of The Marriott Group

Being responsible for their own "business continuity plan" for times they choose to be out of the office

Understanding that The Marriott Group has the ability to monitor and access all the "technology" accounts provided to the Buyer Associate in case "Murphy and his bus" show up on the scene

Abiding by Team Policy with regards to referrals - both inbound and outbound

Article 2

Buyer Associate understands that it is the policy of The Marriott Group to enter into Agreements exclusively with Buyer Associates who have a full-time focus on representing Buyers, and Buyer Associate expressly commits that they will not permit external factors within their control to adversely impact their ability to service clients and customers of The Marriott Group, nor to adversely impact their ability to fulfill any commitments made by Buyer Associate in this Agreement.

Buyer Associate agrees to conduct his/her business and regulate his/her habits and working hours to maintain and increase the good will, business, profits, and reputation of Rainmaker Team Leaders.

Buyer Associate agrees that they will make any and all necessary arrangements in advance with another Buyer Associate to ensure their files, prospects, customers and clients continue to receive uninterrupted service from The Marriott Group should the Buyer Associate choose to be "out of the office" for vacation or other personal reasons.

Technology

Buyer Associate understands and agrees that the technology configuration provided by The Marriott Group permits the Rainmaker Team Leaders to access all information in the email, phone, fax and database accounts at any time, for any reason.  If Buyer Associate has failed to make any and all necessary arrangements in advance with another Buyer Associate to ensure their files, prospects, customers and clients continue to receive uninterrupted service from The Marriott Group when choosing to be "out of the office", or if Buyer Associate is unexpectedly "out of the office" due to illness or other emergency, Rainmaker Team Leaders may provide this access to DAD or another Buyer Associate to ensure continuity of service.

This agreement shall not be construed as a partnership and neither party hereto shall be billable for any obligation incurred by the other.  It is expressly understood that no Buyer Associate has the authority to bind, obligate, or commit Rainmaker Team Leaders or Keller Williams Realty Professional Partners by any promise or representation, unless specifically authorized to do so. 

Referral Network

Buyer Associates are authorized to enter into referral agreements that pay up to xx% of GCI to another licensed Broker for an inbound Buyer referral, or to accept a minimum of xx% of GCI from another licensed Broker for an outbound Buyer or Listing referral.  Variance from this commitment without prior discussion and written agreement from Rainmaker Team Leaders shall result in the financial difference being borne by the Buyer Associate.

This section, while not making the Buyer Associate an employee - clearly spells out the commitments they are making and the "consequences" for any variance from the commitments. 

Here is a link to Part 4

 

4 Comments on To play well together you both must know the rules! Part 3

Tony your rules are pretty tight, they look like they may be tough when meeting the test for independent contractors.

Aloha,

Mele Kalikimaka  (Merry Christmas in Hawaiian)

12/25/2006 03:08 PM by Randy L. Prothero - Hawaii REALTORĀ® (Century 21 Liberty Homes)


Randy - They are making a commitment to act in a certain way - if they don't want to - they don't have to - but that means they have "decided" to leave the team... :-)

12/25/2006 03:13 PM by Tony Marriott, Associate Broker, CRP, CLHMS, CRB, CRS ~~ Phoenix Arizona (Keller Williams Realty Professional Partners)


Tony - A truly excellent series on this agreement which I know went through many drafts and revisions, edits from several brokers, and has passed the legal counsel "test"!  Wonder if anyone else out there has some ideas to contribute that would enhance it even more?

12/26/2006 11:34 AM by Suzanne Marriott, Associate Broker, CLHMS, e-PRO (Keller Williams Realty Professional Partners)


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Real Estate Agent: Tony Marriott, Associate Broker, CRP, CLHMS, CRB, CRS ~~ Phoenix Arizona (Keller Williams Realty Professional Partners)
Tony Marriott, Associate Broker, CRP, CLHMS, CRB, CRS ~~ Phoenix Arizona
Phoenix, AZ
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Keller Williams Realty Professional Partners

Office Phone: (800) 896-0245 Ext.: 5
Cell Phone: (623) 910-8988
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