Here is a link back to Part 9 in case you missed it! 

This is the final section of the Agreement.  It covers the termination process, and has a clause designed to protect the team against "solo agents" in "Buyer Associates clothing".  Having encountered situations last year where an agent would join the team, take an incredible amount of my time and the support staff's time, only for them to depart back to a solo career armed with the training we had provided, we needed a mechanism for recovering our investment in time and effort.  Hence the grid and the time frames.  The amounts we use are not punitive - they are reasonable compensation for services rendered by us to the Buyer Associate, and this portion of the agreement is covered in great detail prior to signing.  So far, we have not "lost" a recruit due to this clause - but we're watching it closely.

The agreement is signed by me, the Buyer Associate AND the Designated Broker.  The Broker's signature makes the standing referral agreement (mentioned in an earlier section) valid and binding.

Article 11

This agreement may be amended by Rainmaker Team Leaders should Keller Williams International or Keller Williams Realty Professional Partners make changes that impact the Rainmaker Team Leaders or the Buyer Associate.

Buyer Associate understands that this Buyer Associate Agreement differs from Buyer Associate Agreements offered by other Rainmaker Teams and from Individual Agent Agreements offered by Keller Williams Realty Professional Partners, and agrees to that difference.

Phoenix Arizona Real Estate

Either party may terminate this agreement and the relationship created hereby hereto, with or without cause, at any time.  Buyer Associate affirms that they will be bound by the terms of the agreement for a period of three (3) years following the date of termination of this agreement.

Upon termination of this agreement, Rainmaker Team Leaders or assignee shall handle all negotiations, customers/clients, and/or services commenced by Buyer Associate, during the term of this agreement unless superseded in writing at time of termination. 

It is agreed and understood that any tangible items provided as tools are the possession of Rainmaker Team Leaders, unless otherwise agreed to in writing.  These items may include computers, written materials, preprinted forms, signs, etc.  In the event of termination, these items shall be returned immediately to Rainmaker Team Leaders in the condition originally obtained, excluding normal wear and tear. 

Phoenix Arizona Real Estate

If the Buyer Associate leaves the team during the first 3 years of this agreement, either voluntarily or as a result of failing to comply with a specific provision of this agreement, it is agreed and understood that liquidated damages to compensate The Marriott Group for their investment in training, coaching and advice will be due and collected from the former Buyer Associate as "Referral Fees" from future transactions by the former Buyer Associate with the former Buyer Associate's own sphere of influence and/or by their own marketing and prospecting efforts, for the remainder of the 3 year period following the date the Buyer Associate joined the The Marriott Group, according to the following schedule:

If the former Buyer Associate leaves the team:

The "Referral Fee" for the remainder of the 3 year period shall be:

Within the first 6 months of joining the team

X%                              up to a maximum of $xx,xxx

Between Month 7 and Month 12

X%                              up to a maximum of $xx,xxx

Between Month 13 and Month 24

X%                              up to a maximum of $xx,xxx

Between Month 25 and Month 36

X%                              up to a maximum of $xx,xxx

Buyer Associate commission split will be paid only if Buyer Associate is still working under this agreement at the time of close of escrow of transaction(s).  A Buyer Associate no longer under this agreement at time of close of escrow will not receive any compensation unless superseded in writing at time of termination of this agreement.

Anthony R. "Tony" Marriott - Rainmaker Team Leader                               Date

<<Name of Licensee>>- Buyer Associate                                              Date

Keller Williams Realty Professional Partners Broker                                  Date

 

 
Post is included in group: TeamTopics

48 Comments on To play well together you both must know the rules! Part 10 of 10

DEC
26
2006
176,464 Points 4 Featured Posts Outside Blog
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?
11:31am • #1
147,976 Points 23 Featured Posts Outside Blog

Great series Tony!  Thanks for sharing it with all of us.

Welcome back, hope you enjoyed your "vacation".

11:50am • #2
7 Featured Posts
Tony -  Great Blog !!
12:02pm • #3
7 Featured Posts
Tony -  Great Blog !!
12:02pm • #4
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Jay - Thanks for the comment and yes - had a great time - just a few laptop withdrawals!  See you on Jan 5!
12:20pm • #5
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Lauren - Thanks for the comment - hope you found it helpful!  Tony
12:21pm • #6
1 Featured Post

Hi Tony,

I just read all 10 parts of this series from the beginning.  Excellent information!

I have been working on building a team for awhile now, so this couldn't have come at a better time.

Thanks for sharing.

Matt Pellerin
PhoenixHomes.com

1:09pm • #7
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Matt - Glad to have been of help - let me know if you notice anything absent that you would suggest be included.  Thanks,  Tony 
5:23pm • #8
5 Featured Posts
Tony- Of course, I find this series on 10 of 10. Is there somewhere I can read this from start to finish as one document?  I really like what I have read in section 10. 
6:31pm • #9
468,653 Points 13 Featured Posts Localism Sponsor Outside Blog
Thank you for the series is ther another series in the works?
6:44pm • #10
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Debi - There are links in each of the sections to the previous and next sections.
8:58pm • #11
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Jennifer - Always something in the works - happy that you found this helpful!  Tony
8:59pm • #12
DEC
27
2006
489,721 Points 84 Featured Posts Localism Sponsor Outside Blog Hit Router
Wow you guys are tough.  I worked for two fortune 500 companies and they only had me sign for 1 year after leaving.
12:47am • #13

I'm curious what your turnover rate has been.

And have you had an agent that has been a superstar?  What adjustments did you make to keep them on the team?

Randy Worcester
Keller Williams
http://FortCampbellHomePros.com

 

8:39am • #14
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Randy (Prothero) - Residential Real Estate clients don't do business as frequently as some of our clients did back in the corporate world!
9:30am • #15
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog

Randy (Worcester) - From October 2004 through December 2005 zero turnover.  Ooops - I forgot one (bad hire) who joined in May and who we had difficulty with almost immediately - total lack of urgency.  They "left" in September.

December 2005 a Buyer Associate who had committed to - but never did - get Buyer Broker Agreements signed opted to leave rather than overcome that hurdle.  We had provided 16 transactions to her for a total GCI of $74K - not bad for first year in the business!

January 2006 we experienced our first "solo agent" in "Buyer Associate's Clothing" - they joined - stayed for 3 weeks - took up about 80 hours of my time - then left and went solo. 

At that point we put a freeze on hiring - and another who had been with us since March 2005 decided they wanted to do Commercial - moved to a Commercial team - did zero (apart from listing a property for one of our Past Clients) - and is now drifting loose off the team they went to.  A couple of others decided the ups and downs of sales was not for them and returned to the world of being an employee. 

Despite the hiring freeze I received a plea from our recruiting Broker to hire another agent who had long term experience.  They quickly found they couldn't deal effectively with web based and IVR leads and left after about a month.

One more had to leave to take care of an ailing parent.

Everyone else voted unanimously to move to Keller Williams in August - which we did - and have since added to the team with more interviews scheduled next week.

Everyone has the same agreement.  Not interested in changing the deal for individuals - regardless of production.  The sliding scales based on production take care of that.  To avoid any thoughts Sherman may have - I xx'd out the pecentages throughout the document - however - Buyer Associates can raise the bar up to a 90/10 split - there will never be 100% as the overhead for the services the team provides has to be covered.

9:43am • #16
1 Featured Post

Tony:  Love the series on team building and what the team is about.  Looks like you got the "Terminator" as one of your captions.  He's recovering from a femur fracture as we speak.  He won't be available to enforce one of those termination clauses for a while.   I'll be back in town after I finish up some last minute duties, if you know what I mean.

Fire Duties

Your fellow team mate.....Ken

12:41pm • #17
DEC
29
2006
26 Featured Posts
Good information, Tony ... I definitely will have to read through it again when it's not a Friday night an hour after Rock Bottom's happy hour has ended. I get the gist but details are bluuuuurrrrrrrrrrrrrrry.
9:13pm • #18
DEC
30
2006
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Jonathan - Thanks for the comment - hope things aren't still bluuurrry this morning!
8:46am • #19
JAN
02
2007
489,721 Points 84 Featured Posts Localism Sponsor Outside Blog Hit Router
Tony - I like that you have a focussed plan and you stick to it.  That makes the chances of success greater and you minimize bad fit agents from joining.  They enter knowing exactly what to expect.  If it is not their cup of tea they will know that up front.  You have an extremely professional approach.
10:19am • #20
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Randy - Thanks for the comment - we learned to fine tune this agreement by real life experience!
11:40am • #21
JAN
04
2007
176,464 Points 4 Featured Posts Outside Blog
Looks like you have an overall vote of confidence from some of the respected members of the Active Rain community - great job hubby!
10:59am • #22
FEB
28
2007
154,566 Points 5 Featured Posts Localism Sponsor Outside Blog

Tony,  Good info.  I have been following your topics and you get a thumbs up from me.  Sam Miller

10:06pm • #23
MAR
01
2007
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Sam - Thanks for the appreciation - it really means a lot to me.  Tony
10:55am • #24
MAR
04
2007
122,838 Points 16 Featured Posts Outside Blog
I can't thank you enough for sharing this insightful series.
8:32am • #25
MAR
14
2007
1 Featured Post
Outstanding, Outstanding, Outstanding! Thanks Tony!
12:54pm • #27
1 Featured Post

 Tony,

I'm really learning from your post. I have just formed a team---Keller Williams style, and I am in the initial growing phase. I am doing my best to be disciplined and to gain all the knowledge necessary to help my team as it grows. I am highly appreciative for you taking out the time to share your Buyer Associate model and for providing a open-discussion to us ARainers better understand. Thanks. I do not have buyer agents yet, but I will be prepared when that time comes.

3:43pm • #29
MAR
22
2007
581,786 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router
Thank you Tony ! I have learned alot. Do you have a contract you would be willing to post
5:38pm • #31
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog

Hi Missy,

The italicized text in the 10 parts makes up the contract.  Not sure what you're requesting - please let me know.

Thanks!

Tony

7:59pm • #32
MAR
23
2007
581,786 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router
Thanks Tony, I cut and paste it all in Word and I will make it my own. You are so generous to share with us.
9:14am • #33
APR
19
2007
581,786 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router
Tony, I did use your contract yesterday for a buyer agent I am considering hiring. I just did a find and replace from Word and took out stuff that didn't apply. Thank you so much ! I know it took alot of time to come up with that and post so thank you, thank you, thank you. I have been looking for a good contract for a while.
6:29am • #35
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Missy - Glad to hear it proved useful!  Congratulations on the new Buyer Agent!  BTW - I lived in Ann Arbor / Ypsi area in the early 90's.  How's the market there these days?
9:01am • #36
581,786 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router
Terrible, over 42 months of inventory in certain price points. So much inventory with Big 3 not moving people in and all the downsizing. Pfizer leaving Ann Arbor and giving their employees up to 100K in loss on sale has brought home prices down.
9:12am • #37
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Wow - I knew things must be getting tough - but no idea that tough.  My parents managed to sell their home by the Detroit Golf Club in Palmer Park in 30 days - but had to go 10% under other actives to do so.  Luckily they bought in 1968 so had plenty of room to negotiate.  Not a pretty picture these days.
9:28am • #38
JUL
08
2007

Tony,

I just read your Buyeir Associate IC agreement series.  Nice work

Kathy Howe

8:57pm • #39
JUL
09
2007
407,489 Points 16 Featured Posts Localism Sponsor Outside Blog
Kathy - Thanks for taking the time to read it - and thanks for the feedback!
8:41am • #40
MAR
19
2008

Great post. Thanks for sharing. Maybe we should make this required reading.

 

Thanks again.

 

Jim in NC

10:32am • #41
AUG
13
2008

Tony -

Great job!!

2:28pm • #42
SEP
13
2008
123,986 Points 2 Featured Posts Hit Router

WOW Tony!  You really put a lot of time and effort into this series.  You shared some great ideas and I really appreciate it.

12:29am • #43
OCT
05
2008
114,148 Points 1 Featured Post Localism Sponsor

Thank you for the input, I realize the value of an agreement, both sides know the ground rules and teh costs.

1:07am • #44
223,235 Points

Tony, sorry I missed the whole series.  Enjoyed this blog.  Thanks for sharing.

5:28pm • #45
OCT
10
2008
223,235 Points

Great series---It is alot to think about however it is something all teams should do. 

11:59am • #46
MAY
03
123,986 Points 2 Featured Posts Hit Router

This is a great blog, Tony. You obviously put a lot of time and thought into it. Thanks!

10:20am • #47
JUN
01
107,950 Points Outside Blog

Tony,

How did I just find you on #10...

looks like I need to go back and review a few things..

thanks for the informative info.....

8:31pm • #48

This blog does not allow anonymous comments

 
Rainmaker_large

Tony Marriott, Associate Broker, CRP, CLHMS, CRB, CRS ~~ Phoenix Arizona

Phoenix, AZ

More about me…

Keller Williams Realty Professional Partners

Address: 7025 W Bell Rd, Suite 10, Glendale, AZ, 85308

Office Phone: (623) 910-8988

Cell Phone: (623) 910-8988

Email Me

Phoenix Arizona Real Estate Blog, presented by Tony Marriott of FREE Listings Search!!


Links

Archives

RSS 2.0 Feed for this blog

Find AZ real estate agents and Phoenix real estate on ActiveRain.