IPRO REALTY NETWORK ORIENTATION



885825000AssociatePoliciesManualiPro Realty NetworkAssociate Policy ManualTable of ContentsPage 03.IntroductionPage 04.General Office Policies and ProceduresPage 07. Advertising and Marketing PolicyPage 11. Cold Calling – Telemarketing PolicyPage ing Soon Listings PolicyPage 15.Earnest Money Deposit PolicyPage 17.Errors and Omissions Insurance PolicyPage 20.Office Billing & Financial PolicyPage 23.Personal Assistant PolicyPage 26.Personal Transaction PolicyPage 28.Referral Fee PolicyPage 29.Sexual Harassment PolicyPage 30.Social Media PolicyPage 33.Submission and Maintenance of RecordsPage 34. Vacation PolicyPage 35.Vehicle PolicyPage 36. Top 10 New Associates ExpectationsiPro Realty NetworkAssociate Policy and Procedures Manual(May 2018)This Office Policy Manual is the property of and a trade secret of iPro Realty Network (“Company” or “Broker”.) It is provided for the mutual benefit of the Company the Independent Contractor Sales Associate (“Associate”) licensed or otherwise associated with Company. 1. Independent Contractor Status. You acknowledges your status as an Independent Contractor and understand and acknowledges the policies and procedures outlined in this Manual are provided as a guide to assist you in conducting your business affairs in cooperation with other Associates and in a manner consistent with our duties under Utah state law, federal law, and the National Association of Realtors Code of Ethics. Nothing in the Manual is intended to create an employment contract or in any way vary the terms of your separate Independent Contractor Agreement2. Independent Contractor Agreement Controls. In the event there is any such conflict between the Independent Contractor Agreement and this Policy and Procedures Manual, then the Independent Contractor Agreement shall control.3. Amendment or Change of Policy. We may amend or change these policies at any time with a 30 day notice to you. Should these policies be amended, we will make the changes available for your inspection and use. It is your responsibility to keep apprised of current office policies.3. Incorporated Items and Agreement to Comply. The following items are incorporated into this Policy and Procedures Manual by reference, as if set forth herein verbatim, whether or not the items are attached: State of Utah and federal real estate laws, rules, and regulations.National Association Standards of Practice and Code of EthicsMLS Rules4. Agreement to Conform. You agree to observe, and strictly adhere to, all applicable local, state, and federal laws, rules and regulations, the Codes of Ethics and Bylaws of the Local, State and National Associations of REALTORS?, and any applicable MLS Associate you belong to. iPro Realty NetworkGeneral Office Policies and Procedures(May 2018)1. Staffed Service Center Business Hours Mondays–Fridays: 8:30 AM to 5:30 PM Saturdays: Closed Sundays: Closed While the office is closed, you are free to enter and use the office at your own discretion.2. Observed Holidays. The following holidays will be observed, and the office will be closed: New Year’s Day Columbus Day Martin Luther King Jr. Day Veterans Day President’s Day Thanksgiving Day Memorial Day Day after Thanksgiving 4th of July ? Day Christmas Eve Labor Day Christmas Day 3. Office Security3.1. Keys and Key FOBs. If you are issued an office key or purchase a key FOB you become responsible for that key. Please immediately report any lost or stolen office key to the Office Staff.3.2. Closing the Office. If you are the last person leaving the office please ensure the doors and windows are locked, the lights and office equipment are turned off, and the security system activated (if applicable.) 3.3. Personal Property. We can’t be responsible for the loss, theft, or damage of personal property left at the office. We recommend for you to check your existing insurance policy for coverage of any such loss or to obtain additional insurance to cover any such losses.4. Office Conduct4.1. Professional Atmosphere. We expect you to dress and conduct yourself in a professional manner when in the office. This policy is intended as a courtesy to all the other Associates and Company employees who may be meeting with Clients or third parties, using their phones to conduct business, or simply maintaining their own professionalism while at the office. “Professional” means your manner of dress, not joking loudly or participating in horseplay, and adhering to our harassment policies.4.2. Positive Environment. A positive and optimistic attitude and office environment are paramount to your success. Negative comments about the office, fellow Associates, or office staff is totally inappropriate and will not be tolerated. Take your concerns up with the person involved or with the Manager. Negative gossip is a cancer which can destroy an office and your career. Avoid it at all costs.4.3. Drugs and Alcohol. No drugs or alcohol are allowed in the office and their use will not be tolerated during working hours or in any circumstance where such use is illegal or could otherwise reflect negatively on the Company or other Associates or could endanger our Associates, staff, or the public. 4.4. Neatness. Please take personal responsibility for keeping any office area you use neat and clean. When you use office facilities such as conference rooms or other meeting areas, be responsible for making sure the room is returned to its pre-meeting condition and is ready for use by others. We are responsible for the general cleaning and maintenance of the shared office space.4.5. Pets and Children. Many of us have children (or grandchildren) who, from time to time, may need to accompany us to the office. Please remember, our office is a place of business and is not a place for pets and children to visit for long periods of time. Both are disruptive to other Associates and a professional work environment. Quite simply, the office is not a “fun” place for children or pets and they can quickly become disruptive to productive work. In addition, most of our primary office lease agreements restrict pets and allowing them in the office is a violation of our lease agreements.4.6. Perfume and Cologne. Perfume and cologne should be used sparingly, if at all, as some Associates and/or Clients are highly sensitive, or even allergic to, perfume chemicals and strong smells.4.7. Smoking. Smoking is prohibited in the office or near the front door of the building.5. Changes in contact information. If you have a change in name, address, telephone numbers, email address, or other pertinent information please report the change(s) immediately to the office staff. We will record the changes in all our software programs. Please remember to immediately report these changes to the Utah Division of Real Estate, the local Association of REALTORS?, and the MLS. 6. Conference Rooms. Conference rooms are available for your use. They are available on a first-come, first-served basis unless a reservation has been made in advance. Please be considerate of others. When you finish using the room, please clean up and leave promptly. Conference rooms should not be used as workspace when in the office as it takes away space from other Associates to meet clients.7. In-house Office Computers. We strive to stay current with computer technology. We ask that you do not download any programs onto the office computers as they are for general use by all Associates in the office. We try hard to avoid malicious computer viruses, worms, etc. from infecting our office computers.8. Mail File. You are given a personal mail file. Files are alphabetized in the mail drawer. All mail received in the office for agents will be opened (excluding obvious junk mail.) This will insure that no commission checks or other vital information is missed. The mail will then be placed in your assigned mailbox. It is your responsibility to ensure no personal, private, or sensitive mail is addressed to iPro Realty Network. Please pick up your mail at least once monthly. All mail files are cleaned out on the first of each month and, without sorting through, the contents are discarded.9. Laptop Access. The office provides wireless access for your personal laptop computers. Ask the Office Administrator for the access code.10. Team Meetings. We hold regular office meetings throughout the year. Client’s “wants and needs” are discussed and often guest speakers are featured. Please note that none of these meetings are mandatory but we highly recommend your attendance.11. Office Training. We offer numerous opportunities for you to keep up-to-date with the current requirements of local, state, and federal laws relating to the practice of real estate. In addition, we provide a multitude of skill-based training to foster your professional development for both novice and experienced agents, which we encourage you attend. These sessions are in addition to the free David Knox real estate training program we provide you. We will inform you of sessions by email.12. Continuing Education. We offer various free continuing education classes throughout each year. Attending these classes in our office will save you time, money and travel expenses. We will inform you of classes by email.13. & . You can find many resources and forms on our two exclusive websites. Our online library, , is password protected but can be shared with vendors and suppliers to download logos and artwork.14. Annual 1099 Reports. We report your gross commissions on your 1099, which will be emailed to you by January 31st each year. We will also email you an end-of-the-year expense statement to accompany your 1099. You should supply this expense form with the 1099 to your accountant. If you leave iPro Realty Network prior to the January 31st date, your 1099 and expense statement will be emailed to you. Therefore, it is your responsibility to make sure the office has your valid email address.iPro Realty NetworkAdvertising and Marketing Policy(May 2018)Advertising and Marketing are very important tools for success in real estate. However, marketing must be conducted carefully to comply with Utah State Law and the Realtor Code of Ethics. As a real estate licensee, you have both a legal and ethical obligation to be truthful when advertising properties or services.1. Advertising and Marketing. As used here, Advertising and Marketing includes, but is not limited to, display advertising, all classified advertising with any publication including newspapers and magazines, direct mailings, mass mailings, emails, Internet postings, social media postings, television programs or ads, flyers, postcards, door hangers, newsletters, “For Sale” signs and riders, billboards, and business cards.2. Authorized Properties. You may only advertise property actually listed for sale or for rent by the Company. “Pocket Listings” are not allowed to be advertised by industry rules. “Coming Soon” listings may only be advertised or marketed after being properly listed with the prior written approval of the seller and an MLS Exclusion Addendum signed and added to the file.3. Identify Company. A licensee’s advertising must clearly and conspicuously contain the name “iPro Realty Network” to comply with Utah State real estate regulations. (Regulation R162-2F-401h)4. Comply with all Laws, Rules, and Codes. Marketing must comply with all state and federal advertising/marketing requirements, MLS rules, as well as the NAR Code of Ethics. Any advertisement or item that we deem to be false or misleading may immediately be withdrawn by the Company.5. Legal Liability. If you make material false statements or material omissions in an advertisement or MLS comments, you may be held liable civilly for fraud, intentional misrepresentation, or negligent misrepresentation. Additionally, you may face disciplinary action by the Utah Division of Real Estate and a Board of Realtors’ ethic complaint.6. Special Commission Rates. The Company’s standard commission rate to list a home is six percent (6%.) Even so, you are free to charge any commission amount you deem appropriate. However, in order to protect the listing and buyer commission rates of fellow iPro Realty Network Associates, you may not advertise or publicize any special commission arrangements such as a “My rate is only X% when you buy your next home from me,” or “I’ll sell your home for only X%” etc. 7. Sales Programs. Any ads or marketing must clearly state that any special sales program such as: “If your home doesn’t sell, I will buy it,” or “If it doesn’t sell in X days, I will sell it for free” must clearly state that this program is the Associate’s program and not the Company’s program. All marketing shall comply with Utah State law (R162-2F-401a-23) and the NAR Code of Ethics.8. Advertising Listings. You have the Company’s permission to advertise any Company listing with the consent of the Listing Agent. Remember however, you are prohibited from advertising any other Brokerage’s listings without the permission of the Listing Broker and Listing Agent. When advertising another company’s listing, you are required to disclose the name of the Listing Company. (Regulation 162-2f-401a-18)9. Removal of Ads. You are required to remove an advertisement or marketing about a listed property within a reasonable time after closing or termination of a listing agreement, unless the correct status is included in the advertisement or marketing. This usually means within 5 days.10. Utah Laws to Remember:R162-2f-401b (7) An individual licensee may not place a sign on real property without the written consent of the property ownerR162-2f-401b (17) An individual licensee may not advertise or offer to sell or lease property without the written consent of the owner(s) of the property (clarified to mean every owner on record)R162-2f-401b (18) An individual licensee may not advertise or offer to sell or lease property at a lower price than that listed without the written consent of the seller or lessorUtah Division of Real Estate Rule: R162-2f-401h. Requirements and Restrictions in Advertising.R162-2f-401h. Requirements and Restrictions in Advertising.1) Except as provided for in subsections (2) and (3), a licensee shall not advertise or permit any person employed by or affiliated with the licensee to advertise real estate services or property in any medium without clearly and conspicuously identifying in the advertisement the name of the brokerage with which the licensee is affiliated.(2) When it is not reasonable for a licensee to identify the name of the brokerage in an electronic advertisement, the licensee shall ensure the electronic advertisement directly links to a display that clearly and conspicuously identifies the name of the brokerage.(3) A licensee is not required to identify the name of the brokerage with which the licensee is affiliated if:(a) the licensee advertises a property not currently listed with the brokerage with which the licensee is affiliated;(b) the licensee has an ownership interest in the property; and(c) the advertisement identifies the name of the individual licensee as "owner-agent" or "owner-broker."(4) The name of the brokerage identified by a licensee in an advertisement shall be the name of the brokerage as shown on division records.(5) A team, group, or other marketing entity which includes one or more licensees shall be subject to the same requirements and restrictions with regard to advertising as is an individual licensee.(6)(a) If a licensee advertises a guaranteed sales plan, the advertisement shall include, in a clear and conspicuous manner: (i) a statement that costs and conditions may apply; and (ii) information about how to contact the licensee offering the guarantee so as to obtain the disclosures required under Subsection R162-2f-401a(23).(b) Any radio or television advertisement of a guaranteed sales plan shall include a conspicuous statement advising if any conditions and limitations apply.Please also review:NAR Code of Ethics – Standard of Practice 12Recent Utah Division of Real Estate ActionsAugust 20, 2014, Mr. Tomlinson admitted to advertising a home for sale after the listing expired and, although Mr. Tomlinson and his client agreed that there was an extension to the listing, Mr. Tomlinson has been unable to produce a copy of the extension. Mr. Tomlinson’s actions violate Utah law and administrative rules with regard to false or deceptive advertising and record keeping. Mr. Tomlinson agreed to pay a civil of $2,000 and to complete additional continuing education. Case number RE-11-57727February 17, 2016, Ms. Ingram admitted to placing multiple advertisements, misrepresenting that she was the listing agent and without identifying the listing brokerage in the advertisements in violation of Utah law. Ms. Ingram agreed to pay a civil penalty of $500. Case number RE-1472611September 21, 2016, Mr. Johnson admitted to having failed to include the name of his real estate brokerage on a sign displayed in the rear window of an automobile, in violation of Utah law. Mr. Johnson agreed to pay a civil penalty of $150. Case number RE-14-73304November 16, 2016, Ms. Terry admitted to having advertised a property for sale approximately one week after the property had sold. In addition, Ms. Terry failed to disclose the full name of the brokerage in the advertisement. Ms. Terry agreed to pay a civil penalty of $500 and to complete three hours of continuing education on the topic of agency in addition to the continuing education required for her next license renewal. Case number RE-1472257December 21, 2016, Ms. Pace admitted that a property for which she was the listing agent and broker was still actively advertised for sale more than three months after the sale of the home, in violation of Utah law. In mitigation, Ms. Pace did not personally post the advertisement. It was posted by another agent in the office. Ms. Pace agreed to pay a civil penalty of $500 and to complete. Case number RE-16-84854May 4, 2017, the Division issued a citation to Mr. Archer for failing to display his brokerage information on his website, business cards, and marketing flyers and advertising his marketing team instead. The citation assessed a fine in the amount of $150. Citation No. DREC-17-14, Case No. RE-17-88920July 19, 2017, Mr. Bryson admitted to having created a flyer marketing real property. Mr. Bryson failed to include his brokerage information in the flyer in violation of the advertising rules. Mr. Bryson agreed to pay a civil penalty of $150. Case No. RE-15-78651On July 27, 2017, the Division issued a citation to Mr. Seat for failing to display his brokerage information in a classified advertisement and advertising his marketing team instead. The citation assessed a fine in the amount of $150. Citation # DREC-17-25, Case No. RE-17-92226July 19, 2017, Mr. Stern admitted that several of his websites advertised the real estate services of his marketing team. In certain instances, the websites either did not include the name of Mr. Stern’s brokerage or the name of the brokerage was misidentified. Mr. Stern had received a prior warning regarding these advertising violations. Mr. Stern agreed to pay a civil penalty of $500 and to complete five hours of continuing education in addition to the continuing education required for the next license renewal. Case No. RE-14-69841September 29, 2017, the Division issued a citation to Mr. Janke for an email sent by a marketing company hired by Mr. Janke. The email included the name of a marketing team but failed to include the name of the brokerage. The citation assessed a fine in the amount of $150. Citation # DREC 17-34, case number RE-17-92888May 15, 2017, the Division issued a citation to Mr. Allred for failing to display his brokerage information on his social media advertising but advertising his marketing entities instead. The citation assessed a fine in the amount of $150 which Mr. Allred paid. Citation number DREC-17-18, Case number RE-17-88089On October 2, 2017, the Division issued a citation to Mr. Corry for failing to include his brokerage information on his advertisements on social media and his website. In addition, he did not include his brokerage information in email solicitations. The citation assessed a fine in the amount of $150 which Mr. Corry paid. Citation number DREC-17-35, Case number RE-17-92703December 20, 2017, Mr. Gutierrez acknowledged that during the time that he was principal broker, he employed a data entry assistant whose duties included placing advertisements to assist in generating leads for the brokerage. The assistant placed a number of ads in the name of sales agents without including the brokerage information. In some of these instances, the sales agent was no longer affiliated with the brokerage. Mr. Gutierrez admitted that the advertisements were in violation of Utah law and administrative rules and that it is unlawful for a principal broker to fail to exercise reasonable supervision over the activities of unlicensed staff. In mitigation, Mr. Gutierrez instructed the assistant to use a template which included the required information but the assistant modified the template removing the brokerage information. Mr. Gutierrez agreed to pay a civil penalty of $1,000. Case numbers RE-14-6 January 17, 2018, Ms. Kunz admitted that she failed to identify her brokerage information on an advertising sign, in violation of Utah administrative rules. Ms. Kunz agreed to pay a civil penalty of $150. Case number RE-14-743159003, RE-14-69005, and RE-14-68999January 18, 2017, Mr. Washburn admitted to creating and distributing an advertising flyer that did not include the name of his affiliated brokerage, in violation of administrative rules. Mr. Washburn agreed to pay a civil penalty of $650. Case number RE-14-73046February 21, 2018, Mr. Roberts advertised property for sale that was listed with another broker. However, he did not have the consent of either the property owner or the listing broker to advertise the property. Mr. Roberts admitted that his actions were in violation of Utah administrative rules and greed to pay a civil penalty of $250. Case number RE-14-73042September 13, 2017, the Division issued a citation to Mr. Smith posting a video ad on social media which did not include his brokerage information. The citation assessed a fine in the amount of $150 which Mr. Smith paid. Citation number DREC-17-27, Case number RE-17-91685January 18, 2017, Ms. Peacock admitted to having distributed door hanger notices advertising an open house without including her brokerage information as required by administrative rules. Ms. Peacock agreed to pay a civil penalty of $150. Case number RE-14-73959iPro Realty NetworkCold Calling – Telemarketing Policy(May 2018)1. Realtors Must Comply. Sales calls made by Realtors to potential home buyers and sellers are subject to both the FTC and FCC telemarketing regulations. As a result, Realtors who make sales calls to consumers with whom they have not done business in the past must comply with all of the Do-Not-Call (DNC) rules.?2. Sales Call. A “sales call” means any phone call to a residential or cellular telephone number that is made for the purpose of encouraging the sale, purchase, or rental of, or investment in, property, goods, or services.3. Do Not Call Registry. Under federal law, sellers and telemarketers (including real estate agents) are prohibited from calling consumers listed on the Federal Trade Commission’s Do Not Call Registry. Today, two thirds (2/3) of Americans are on the “Registry”.4. Company Specific List. In addition to the FTC Do Not Call Registry, we are required to maintain a “company specific” do not call list. All Associates are required to promptly honor a request to be placed on the Company’s Do Not Call list within a reasonable time of such request, not to exceed 5 days from the date of said request. Our list can be found near the Office Administrator’s desk.5. Check the Registries. Prior to making any sales call, you must check both the Company’s Do Not Call List and the most recent applicable Do Not Call National database to ensure that no call is placed to a residential telephone subscriber listed therein unless: 5.1. Inquiry Exception. The rules permit calls to a consumer following an inquiry for three months after the inquiry or until the consumer requests to be placed on the telemarketer’s do not call list (whichever is sooner).5.2. Written Permission Exception. The rules permit calls to a consumer on the Registry if the consumer has given you written permission to call.5.3. Established Business Relationship Exception. The rules permit calls to existing customers – those people with whom you’ve done business in the past 18 months – unless the customer requests to be placed on the telemarketer’s do not call list.6. Calls Permitted. There is no restrictions for calling consumers not on a Registry.7. Calling-time Restriction. In no case may phone calls be made to residences prior to 8:00 AM or after 9:00 PM nor on Sundays or Holidays.8. Identity. You must identify yourself as well as state you are an iPro Realty Network Associate.9. Calls Made to FSBOs. There are two instances when a real estate professional would call a FSBO seller. The first would be seeking a FSBO listing and the second would be a buyer's representative who believes his/her client might be interested in a FSBO property. NAR does not see any problem with a buyer's representative contacting a FSBO owner whose number is listed in the Do-Not-Call registry about a client's potential interest in the property. However, a real estate professional would be prohibited from initiating a telephone call to a FSBO seller whose number is listed in the Do-Not-Call registry in an attempt to obtain a listing. The rules prohibit anyone from making telephone solicitations to telephone numbers that are registered in the database, and a call initiated to obtain the listing falls within that definition. 10. Calls Made to Expired Listing. If you are the listing agent, you may contact the seller for up to 18 months after the expiration date, under the exception for existing customers. If you are not the listing agent, you must check the Registry before calling the seller. If the seller has placed their number in the Registry, you may not call.11. Automated Calls. If you use any artificial or pre-recorded messages delivered by an automatic telephone dialing system you are to identify yourself as well as that you are an iPro Realty Network Associate along with your telephone number or address. 12. No Automated Calls to Mobile Phones. You are not allowed to use an automatic telephone dialing system or artificial or pre-recorded message in any call made to a wireless telephone number.13. ID Blocking Technology. You are not allowed to use any system or technology which blocks the transmission of caller ID information.14. What are the penalties for failure to comply with Do Not Call laws? For calling someone on the Registry:Fines by the federal government – $40,654 per violation – or nationwide injunction.A lawsuit filed by consumer or state attorney general.Your monetary risk is the greater of actual damages or $500 per violation. For willful or knowing violations, the court may increase the awarded damages up to three times.iPro Realty Network“Coming Soon” Listings(May 2018)1. What’s a Coming Soon Listing? A Coming Soon listing refers to a property that is not available for showing or sale until a later date. “Coming soon” can be a legitimate advertising technique, allowing the owners more time to complete repairs, pack, or otherwise prepare the property for showing or sale. A legitimate Coming Soon listing should truly be unavailable for purchase or showing.2. Circumventing the MLS. Sometimes “Coming Soon” advertising is used to circumvent the MLS, market the property to a select group of people, or pressure a buyer to use the listing broker for the transaction, which not only breaches real estate professionals’ ethical duties to clients but may violate real estate license and consumer protection laws. This circumventing strategy is not allowed by Company.3. Client’s Best Interest. The first important step in advising a seller-client on whether to advertise a property as “coming soon” is to identify the client’s best interests, as defined by the client. Failing to act in the client’s best interest and failing to disclose the pros and cons of a limited marketing plan, such as “coming soon” advertising, can violate state real estate license laws and regulations, MLS policies, and the REALTOR? Code of Ethics.“For most sellers, getting the highest possible price on the best terms is their “best interest,” and maximizing exposure of their property to potential buyers advances that interest. Multiple Listing Services promote the interests of sellers by compiling property information in an orderly manner and distributing that information to MLS participants who have buyer-clients actively seeking to purchase property in the location served by the MLS. Restricting the marketing of a seller’s property to only small networks, private clubs, or even to national websites without also making it available to other area brokers and agents and their buyer-clients through the MLS results in the property not being exposed to the widest group of potential willing and able buyers, and may not provide the seller the best opportunity to attract offers at the highest price.”Katie Johnson, NAR General Legal Counsel4. Property Must Be Listed. To advertise a property as “Coming Soon,” it must be actively listed with the Company using an Exclusive Right to Sell Listing Agreement. 5. Company to be Identified. Just like any other advertisement, the Company must be identified in any advertising or marketing.6. MLS Addendum. Seller must acknowledge and consent to the limited marketing by signing an MLS permission form (MLS Listing Exclusion Form) for keeping the listing off of the MLS for a specific short period of time to complete repairs, photos, etc.7. Property to be Kept Off the Market. The listing must in fact be “coming soon” and not currently being shown or marketed to a limited group or any buyers.WFRMLS “COMING SOON” NOTICE 20185524504064100iPro Realty NetworkEarnest Money Deposit Policy(May 2018)1.Earnest Money. The purpose of the earnest money is to commit the buyer to the purchase. The more earnest money, the stronger the buyer's commitment to complete the transaction. The Company recommends a minimum of $1,000 earnest money or even one percent of the offered price or more.2.Check to be Made Payable to Title Company. Instruct your Client to make the earnest money check payable to the Title Company. You are required to use the State Approved addendum approved July 19, 2017, “Deposit of Earnest Money with Title Company Addendum to Real Estate Purchase Contract.” With a “Cash Sale” split closings with two different Title Company’s is not allowed so generally the Title Company is selected by the Seller for the EM Deposit check.3.No Cash Deposits. Cash should never be taken as an earnest money deposit. If your Client has cash and not a checkbook, instruct them to go to a bank or grocery store and obtain a cashier’s check or money order payable to the Title Company.4.Postdated Checks. Postdated checks and promissory notes should never be accepted as earnest money. Division of Real Estate Rule R162-2f-401b(19) An individual licensee may not represent on any form or contract that the individual is holding client funds without actually receiving funds and securing them . . .5. Submit within 4 days. The State approved Real Estate Purchase Contract (REPC) requires the earnest money deposit to be submitted to the Title Company within four (4) calendar days after acceptance. Don’t be late as you will subjected to Division or Real Estate fines and discipline plus the REPC becomes voidable because of a breach of contract.6.If Check Bounces or is Not Delivered. Remember to immediately notify the Listing Agent if an Earnest Money check bounces or the buyer does not deliver it on time or you could be liable.7.Earnest Money Held by Seller. Occasionally, the Seller may request to hold the earnest money (such as a builder or developer) as specified in writing in the REPC. The Utah Division of Real Estate will allow this. “The Division believes the parties to a contract can agree to terms in that contract, so the Division would not oppose the parties agreeing to terms in which the seller may hold the earnest money or other funds as was specifically allowed by the prior rule.” DRE Newsletter 1st Qtr 20158.Improper Handling of Earnest Money. Violations may be grounds for immediate dismissal. Improper handling could include failing to deposit earnest money by the specified time or falsely representing that the earnest money has been received, or falsely representing that earnest money has been deposited.Utah Division of Real Estate Actions Regarding Earnest Money DepositsOctober 19, 2016, Mr. Tanner admitted to having failed to timely provide a cancellation notice in a transaction and to having failed to inform the sellers’ agent that the buyer had not deposited a portion of the agreed upon earnest money. Mr. Tanner agreed to pay a civil penalty of $500 and to complete three hours of continuing education on the topic of contracts in addition to the continuing education required for his next license renewal. Case number RE-1368255November 15, 2017, Mr. Fox admitted that in the course of representing a prospective buyer he withheld and concealed from the seller’s agent that the prospective buyer had failed to deliver the earnest money required by the REPC, in violation of Utah law and administrative rules. In addition, Mr. Fox failed to enter into a written agency agreement with the prospective buyer. Mr. Fox agreed to pay a civil penalty of $3,000, to complete six hours of continuing education in addition to the continuing education required for his next license renewal, and to have his license be placed on probation until the date of his next license renewal. Case number RE-14-713182017 New Addendum. The Real Estate Commission approved for use by real estate licensees a new form entitled Deposit of Earnest Money with Title Company Addendum to Real Estate Purchase Contract. This form should be used when a party to a real property transaction elects to deposit earnest money with a title company in an escrow account rather than with the real estate broker in a real estate brokerage trust account. The new earnest money form can be found on the Division website under State ApprovedForms.As the new form indicates, it is an addendum to the REPC. If a client wants to deposit the earnest money with a Title Insurance Company, licensees should use the new form and should not attempt to modify the REPC by striking through provisions or by filling in blank spaces on a generic addendum form. This new form will help to avoid confusion or uncertainty about which title insurance company holds the earnest money and alerts the parties to the transaction that the representing brokerage(s) and the Division have no authority over the title insurance company regarding the release or disbursement of the earnest money.iPro Realty NetworkErrors and Omissions (E&O) Insurance Policy(May 2018)Litigation has become increasingly common in the real estate Brokerage business. While there are many steps we can do to lower our potential legal exposure, there isn’t any way we can completely eliminate it. Legal fees can rapidly accumulate — even when there is no formal lawsuit. Without adequate insurance these expenses can be financially devastating to both us and you. To help reduce this financial burden, we have taken out an Errors and Omissions (E&O) policy issued by a highly-rated national insurance company. Errors and Omissions insurance protects our Associates by limiting the amount of loss incurred for any given incident. 1. Premiums. At the close of each transaction, an E&O premium will be withheld out of your commission check for each side of the transaction you represent. (We don’t control premiums so they are subject to change with a 30 day notice.)2. Deductible. Deductibles and E&O rates may vary each year. The deductible is currently $2500. Please check with the Branch/Principal Company for the current rates and deductible.3. Benefits. There are several benefits to the Company’s E&O policy including:Coverage begins from the first dollar spent in defense of a claim — even if a lawsuit is never filed.Coverage includes the damage award itself, the attorney fees, and the other expenses associated with defending the legal action so long as the claim is a covered incident and after the deductible is paid.Up to $250,000 for discrimination indemnity and defense (per policy guidelines.)$1,000,000 for any claims associated with the use of a lockbox concerning bodily injury or property damage, contingent per policy guidelines.Our current policy makes Associates only responsible for a low $2,500.00 deductible per incident, which gives you a maximum coverage amount of $1,000,000.00 plus any defense expenses (may change as policies are requoted and reissued.)4. Guidelines. To ensure that you receive your full benefits from our E&O insurance, please follow the following guidelines to the letter:Duty to Cooperate – When a claim arises concerning an incident in which you were involved, you must cooperate fully with iPro Realty Network and its attorneys and actively assist in the investigation and defense.Duty to Report – You must inform iPro Realty Network within 24 hours of each claim, or a credible threat of a claim, and provide us with all demand letters, legal papers, and other documents which might relate to that matter.Do Not Admit Guilt – You must not make any payment, admit to any liability, settle any claim, assume any obligation, or incur any expense without the written consent of the E&O carrier.No Authority to Bind – You have no authority to bind iPro Realty Network by any acts, omissions, statements, promises, or representations unless you are specifically authorized to do so, in writing, by the Broker or E&O carrier as it relates to a particular matter.Equal Opportunity – iPro Realty Network fully supports equal opportunities in housing and the laws and principals pertaining thereto. You must agree to, and shall conduct your endeavors in full compliance therewith, in furtherance of Company’s policy to strictly abide by such fair housing laws, thereby providing services to buyers and sellers regardless of race, creed, color, national origin, sex, sexual orientation, age, income, handicap, or familial status.5. Limits. We believe we have purchased one of the best policies available in America. However, it, like all insurance policies, has coverage limits and restrictions including, but not limited to, any claims arising from:Criminal proceedingsAssociation of Realtors disciplinary (ethics) proceedingsProperties which are constructed/developed by you, your spouse, or any entity in which you have a financial interest (notify Broker prior to engaging in these services)Transactions where you acted outside your authority as defined by our Associate Independent Contractor’s AgreementActs which were dishonest, deliberately fraudulent, criminal, malicious, or deliberately wrongful Violation of any federal, state or local law, regulation, or code of ethics6. Availability of Coverage. E&O benefits are not available for claims arising from transactions in which you participated prior to associating with iPro Realty Network nor is any coverage available for transactions which occur after you leave iPro Realty Network.7. Collection of Commissions. We will wholeheartedly support you in the collection of commissions for which we both mutually agree has been earned and is due to us. Please note, however, that the collection of commissions is not covered by this or any other E&O policy. Therefore, the expenses for attorney’s fees and related costs incurred in the collection of commissions shall be bore by yourself 100% (the same as your commission payout,) whether or not we eventually win or lose the action. Prior to any action, you acknowledge and agree to prepay for or promptly reimburse us for any expenses or fees as they are incurred.8. Risk Reduction. One of iPro Realty Network’s founding principles is that we will be the most ethical and professional real estate company in Utah. Part of being a true professional is having a knowledge of, and adhering to, the numerous laws, rules, and regulations which we (and our clients) are subject to. In order to improve your legal awareness and to further reduce the legal exposure of both you and the Company, the following steps have been implemented:Legal Hotline – In addition to the Utah Association of Realtor’s Legal Hotline, the Management has continuous access to a highly qualified and competent real estate transactional attorneys, when needed, to answer difficult legal questions.Standardized Forms and Verbiage – We require and limit the use of any forms and addenda to those approved by the State of Utah, Association of Realtors, MLS, other government agencies, or our own lawyer-approved and authorized forms for all listings and real estate transactions.Home Warranty and Home Inspection – Your E&O deductible may be reduced up to 50% by having the following in place and presenting them with your supporting documents in the event of a claim (exclusions apply for dual agency and agent-owned properties, see policy guidelines)A home warranty was provided to the buyer(s) prior to closing A professional home inspection was performed by a certified home inspectorStandard UAR forms were usedPrior to the closing, the buyer(s) received a Seller’s Disclosure Statement signed by the seller. 9. Personal Transactions. There are limits and restrictions for coverage under our E&O Policy when selling or purchasing a personal property. To receive E&O coverage, the following must apply:Property was listed with iPro Realty Network when selling your own propertyDisclosure of Interest Addendum was signed prior to signing the REPCA home warranty was provided to the buyer(s) prior to closing A professional home inspection was performed by a certified home inspectorStandard UAR forms were usedPrior to the closing, the buyer(s) received a Seller’s Disclosure Statement signed by the sellerThese are just a few items noted in our E&O policy and are meant as a general guide to assist you in understanding our coverage. This information is in no way implying coverage for specific acts. Claims will be reviewed and approved or denied by the Insurer. The highlights of coverage listed are not intended to replace policy wording and do not guarantee coverage.iPro Realty NetworkOffice Billing & Financial Policy(May 2018)1. Office Billing Cycle. Every year, on or before the first day of January, the first day of April, the first day July, and the first day of October each year you will receive a reminder of the upcoming Office Billings. Charges may include the upcoming three (3) months of your chosen plans option’s monthly fees, office rent, copies, MLS late fees or other fines, etc. Your credit card will automatically be charged on or shortly after January 5th, April 5th, July 5th, and October 5th. 2. Accuracy of Amounts. We strive to insure the accuracy of your Office Billing and will cheerfully correct any errors you discover.3. Withholding from Commission Checks. Any unpaid account balance will be withheld from your next upcoming closing. If you don’t have a closing scheduled during the allowed payment grace period, payment should be made to avoid a late service fee.4. Credit Card Availability. It is your responsibility to notify your Office Administrator or Manager of credit card changes. Please let them know when you receive a new card due to an expiration date, loss and replacement, or when you simply obtain a new card for your real estate business.5. Late Fees. Unpaid agent account balances tie up the working capital essential to operate our business. We try to do everything we can to accommodate your personal real estate business but still need to make sound financial decisions. To encourage you to pay your account balance in a timely manner, a twenty five dollar ($25) late service fee will be assessed if your entire unpaid balance is not received by the tenth day of each quarter. An additional $25 will be assessed for each quarter any balance remains unpaid. For example:3rd Quarter Agent Billing due July 1st: $75Late unpaid 3rd Quarter Agent Billing amount due on or after July 10th: $100Late unpaid 3rd Quarter Agent Billing amount due on or after Oct 1st: $125 6. Returned Checks and Unaccepted Credit Cards. You will be required to reimburse Company for any and all costs incurred as a result of any check returned or a credit card being denied for insufficient funds or any other cause of not being honored, such as a stop payment being ordered for whatever reason, an amount not less than $25.00, in addition to any collection costs as described in your Independent Contractor’s Agreement.7. Office Copier. Copies may be made on the office copier at your discretion. You are assigned a copier code and can print from either your personal laptop or from the office computers. Up to 200 black and white copies each month are free (no carry-over of unused copies.) Cost thereafter is 6? per copy. Color copies are available for 20? per copied side. (Copier prices are subject to change as supply and service costs vary). 8. No Other Charges Allowed to Office Billing. Other than normal and routine recurring office expenses and agreed upon fees, no charge can or will be made to your Office Billing. 9. Office Rent. If you have chosen to rent office space, office rent is due on or before the first day of each month. In the event that any rent payment is not paid in full by the start of the fifth (5th) day of each month, a late fee of $25 is added to the amount due. For each month the payment is delayed thereafter and additional $25 is added to the amount due. For example:Rent due July 1st: $300Late July rent amount due if paid July 5th: $325Late July rent amount due if paid Aug 1st: $35010. Individual Third Party Accounts. You are to establish your own personal accounts with individual vendors and suppliers. These would include REO expenses such as utilities and other expenses for vacant homes, newspaper advertising, real estate magazine advertising, advertising specialties, cell phones, other marketing materials, etc. You are responsible for your own billings, credits, and adjustments with these vendors and agree to hold Company harmless from any claims, complaints, or litigation brought by these vendors for monies owed by or charged through you.11. Real Estate Web Sites. The company web site, as well as a personal website, are available at no charge to you. All your listings are automatically displayed on both web sites using IDX technology. All listings are also syndicated to hundreds of real estate sites as soon as they are entered into the MLS.12. CirclePix. A account is provided to Associates for no charge. CirclePix provides a virtual tour, 24-hr buyer curbside info line, a Single Property Website, flyer templates, and more as part of our free listing marketing package for you to use. 13. E-Mail Account. The Company does not provide an email service to individual Associates. Please establish a professional account at one of the many commercially available eMail services.14. FAX Machine Usage. The copier serves as a FAX machine and is available to send or receive faxes at no charge.15. Scanner. The copier provides a scanning feature allowing you to scan as needed at no charge.16. Computer Usage. Computers are available at the offices for accessing the MLS or your email at no charge.17. Legal Forms. Many legal forms are available on our iLibrary and our transaction management system at no charge. These can be completed on-line or printed blank and completed by hand.18. Marketing Material. Several marketing templates and materials are available on our iLibrary that can be accessed at no charge including postcards, CMA covers, letterhead, email signatures, Facebook headings, and more. In addition, we have teamed up with several third-party marketing partners for additional tools and systems, which you can utilize or subscribe to such as House of Magnets or xPressDocs.19. Advertising. You are responsible to pay for any additional personal marketing and the advertising or the promotion of any listings you take.20. Business Cards. You are responsible to pay for your own business cards. We have designed many business card styles and have several approved suppliers located in the Contacts on our iLibrary.21. Yard Signs. You are responsible to pay for yard sign panels, riders, and posts and to install them. A wide variety of Yard Sign designs are on . Yard sign panels can be purchased from our recommended sign vendors. Vendors can be located checking the Contacts in our iLibrary.22. Open House Signs. You are responsible to pay for Open House signs. A wide variety of downloadable open house sign design files are available from our on-line library. Signs can be printed at a local sign print shop or from one of our recommended sign suppliers in the Contacts in our iLibrary. 23. Commercial Signs. You are responsible to pay for the manufacture and installation of commercial signs (4’ x 4’ or 4’ x 8’ panels.) A wide variety of Commercial Sign designs are on . Signs and posts can be purchased from several recommended suppliers. Suppliers can be located by checking the Contacts in our iLibrary.24. Training. We provide free training to our Sales Associates through both in-office training and our partnership with the David Knox Real Estate Training organization. Other training programs are made available for a fee from such trainers as Brian Buffini and Tom Ferry.25. Printing. You can purchase custom printing, letterhead, envelopes, flyers, and brochures from any local or Internet printer. Templates are available from our online library. A list of good printers can be located by checking the Contacts in our iLibrary.26. Office Supplies. You are responsible for your own office supplies, equipment, paper, and printing supplies. Copier paper is included in office copier use.27. Postage: You are responsible for postage. The Company does not pay for any postage (including overnight delivery.)28. Legal Fees. You are responsible for any and all legal fees, including E&O deductibles, attributable to Clients you deal with, for any transaction or matter in which you participated, and for the collection of commissions. See the iPro Realty Network Errors & Omissions Policy for additional details.29. Telephone. Telephone service is not available from the Company. Please use your mobile or home phone for business.30. Association of Realtor Dues and MLS Fees. You are responsible for the costs of obtaining and maintaining an active real estate license, joining and maintaining Association of Realtor membership, and subscribing to the local MLS.31. Lock Boxes and Electronic Key. You are responsible for obtaining and tracking your own Lock Boxes and leasing an access key device.32. Vehicle Expenses. You are responsible for all automobile expenses including care and maintenance, gas, and insurance. There is no reimbursement for mileage.iPro Realty NetworkPersonal Assistant Policy(May 2018)1. Personal Assistants. You are permitted and even encouraged by the Company to hire a "personal assistant" to assist you in your duties as a real estate Associate – so long as such hiring practices are in compliance with all applicable Federal, State, and Local laws.2. Permission of Company Required. Utah law requires that all persons engaged in professional real estate activity be licensed. State law also makes a Brokerage responsible for all licensed and unlicensed activity by persons associated with the Company. For these reasons, you can’t hire personal assistants without an express agreement with the Company regarding the personal assistant.3. Employee or Independent Contractor? Do not assume that the personal assistant who holds a real estate license can automatically qualify as an independent contractor. We strongly urge you to consult with your tax professional and/or attorney to determine whether or not your assistant qualifies as an independent contractor or must be considered an employee, if such hiring is in compliance with all applicable laws, and if your arrangement is structured to benefit your tax status as much as possible. 3.1. Statutory Independent Contractor. Because most real estate professionals work as independent contractors, it’s tempting to put your assistant in the same category. One important thing to consider is that real estate practitioners are classified as “statutory independent contractors” by the IRS if they meet 3 criteria – licensure, compensation based on sales or output, and a written Independent Contractor’s Agreement with the Company.3.2. Determine if your Assistant Qualifies as an Independent Contractor. Just because you sign an agreement with personal assistants stating that they are independent contractors doesn’t mean that the IRS will agree with you. For more information on rules for determining if a worker is an employee, visit and download Publication 15-A “Employer’s Supplemental Tax Guide.” You can also submit your job description to the IRS for a ruling using Form SS-8. If you determine that the assistant is an independent contractor, the assistant must sign an Independent Contractor Agreement between Associate, the assistant, and the Company. In addition, your licensed assistant needs to sign an independent contractor agreement with Company to maintain their real estate license.4. Employees or Contractor of Associate. Personal assistants are to be the employee or contractor of the Sales Associate. All personal assistants are to sign an acknowledgment that they are not covered in any way by the Company’s insurance policies, unemployment or disability coverage, or any other statutory requirements of any federal, state, or local agencies regarding employees. Unlicensed assistants must be paid by the hour or a salary. To receive a bonus or percentage of the sales commission, the assistant must be a licensed real estate agent.5. Commissions to be Paid through Company. You are reminded that Utah State Law prohibits the payment of any commissions to a real estate licensee, including an outside or contract assistant, except through a Principal Broker. If a licensed "personal assistant" or team member receives any part of the compensation as a commission, percentage of the commission (bonus,) or as a flat fee bonus per transaction, the assistant must hold a current Utah Real Estate License and that compensation must be paid through the Company. This includes any outside or contract assistants.6. Indemnification of Company. In no case will we be responsible to the personal assistant for monies due by you, for workman's compensation, unemployment insurance, or for any other withholdings required by any governmental agency. This is your sole and exclusive responsibility and you agree to indemnify and hold Company harmless from any claims, allegations, or litigation brought by the personal assistant.7. Duties of Unlicensed Assistant. The functions an assistant can perform are totally dependent upon whether the assistant is licensed or unlicensed. Function that can be performed by unlicensed assistants.Deliver documents and pick up keys and provide other courier servicesAnswer the telephone and forward callsSecure public information from courthouse, utility companies, etcSchedule appointments with other offices, existing clients, or customersPlace signs on propertyType forms for approval by licensee and CompanyWrite ads for approval of licensee and Company and place classified advertisingAssemble documents for closingHand out objective, written information on a listing, as long as a licensed agent is on the premises.Transmit listings and changes to a multiple listing serviceFollow up on loan commitments after a contract has been negotiatedHave keys made for company listingsRecord and deposit earnest money and other trust fundsOrder items of routine repair as directed by licensee and/or CompanyFunctions that cannot be performed by unlicensed assistants.Host open houses, kiosks, home show booths, or fairs or show propertyAnswer any questions on listings, title, financing, closing, etcDiscuss or explain a contract, agreement, listing or other real estate document with anyone outside the Brokerage companyNegotiate or discuss the terms of a saleNegotiate or agree to any commission, commission split, or referral fee on behalf of a licensee.Solicit by telephone or in person potential sellers, purchasers, tenants, or landlordsGive additional information not included in prepared written promotional material that has been distributed to the publicRepresent himself or herself as an Associate for a real estate company or the SellerAct as a go-between with a seller and a buyerUtah Division of Real Estate Rule: R162-2f-401g. Use of Personal Assistants.In order to employ an unlicensed individual to provide assistance in connection with real estate transactions, an individual licensee shall:(1) Obtain the permission of the licensee's principal Company before employing the individual;(2) Supervise the assistant to ensure that the duties of an unlicensed assistant are limited to those that do not require a real estate license, including the following:Performing clerical duties, including making appointments for prospects to meet with real estate licensees, but only if the contact is initiated by the prospect and not by the unlicensed assistant;At an open house, distributing preprinted literature written by a licensee, where a licensee is present and the unlicensed person provides no additional information concerning the property or financing, and does not become involved in negotiating, offering, selling or completing contracts;(c) Acting only as a courier service in delivering documents, picking up keys, or similar services, so long as the courier does not engage in any discussion or completion of forms or documents;(d) Placing Brokerage signs on listed properties;(e) Having keys made for listed properties; and(f) Securing public records from a county recorder's office, zoning office, sewer district, water district, or similar entity;(3) Compensate a personal assistant at a predetermined rate that is not:(a) Contingent upon the occurrence of real estate transactions; or(b) Determined through commission sharing or fee splitting; and(4) Prohibit the assistant from engaging in telephone solicitation or other activity calculated to result in securing prospects for real estate transactions, except as provided in this Subsection (2)(a).iPro Realty NetworkPersonal Transaction Policy(May 2018)1. Personal Transactions. As a company, our primary purpose for being in business is to serve the needs of our Clients in the sale or purchase of real estate. It is important that our fiduciary relationships be upheld at all times. Nonetheless, we encourage you to be involved in real estate ownership and investing.2. Disclosure of Real Estate License. You need to adhere to state laws including the obligation to disclose your true position as a principle in the transaction prior to executing a binding purchase agreement (Regulation R162-2f-401a-6a). This includes using the State approved addendum “Disclosure of Interest.” This addendum must be used even if the Buyer or Seller is your relative and not you personally.3. Disclosure on Advertising and Marketing. The disclosure of “Owner-Agent” applies to yard signs, flyers, social media advertising, postcards, and any other marketing efforts employed.4. Property to be Listed on the MLS. When selling a property in which you have any ownership interest, the property is to be listed with iPro Realty Network and entered into the MLS to demonstrate to the public our belief in and commitment to the real estate industry. You must generally comply with the same contract, disclosure, and other requirements for Agent-Owned Property as with other transactions.5. No Representing the Other Side. Utah Division of Real Estate prohibits an Agent/Owner from representing the person on the other side of the transaction. If you are the seller, you cannot represent the buyer nor can you list a property you are purchasing. Associate is not allowed by the State to write the offer for an unrepresented buyer on their own property.5. Associate Indemnification of Company. You agree to indemnify, defend, and otherwise hold Company harmless from any and all claims made against iPro Realty Network or Company regarding or arising out of your personal purchase and/or sale of real property. 6. Transaction to be Submitted. Don’t forget, all listing and transactional documents need to be submitted through the Company’s electronic Transaction Management System within 72 hours of execution.7. Requirements for E&O Insurance. You understand and acknowledge that most Errors and Omissions Insurance policies specifically exclude transactions in which an Associate or Associate’s spouse is a principle. However, our current E&O Policy may allow coverage. See Errors and Omissions Policy.Recent Utah Division of Real Estate Actions:February 17, 2016, Ms. Goldman is alleged to have failed to update a seller’s property condition disclosure in a transaction in which she had an ownership interest which would be a violation of Utah law. Ms. Goldman agreed to pay a civil penalty of $500 and complete additional continuing education. Case number RE-14-71940July 19, 2017, Mr. Wagner admitted having entered into a limited agency consent agreement with a client (buyer) with regard to a transaction in which Mr. Wagner was part owner (seller) of the subject property. Utah law does not allow a licensee to act as a limited agent in a transaction in which the licensee is an officer, director, partner, member, employee, or stockholder of a principal in the transaction. Mr. Wagner also admitted that he engaged in the practice of real estate under the name Dynamic Real Estate (“Dynamic”) but Dynamic was not registered with the Division as a brokerage or branch office. A large roadside sign advertised real estate services but did not include the name of Mr. Wagner’s brokerage. Mr. Wagner agreed to pay a civil penalty of $3,500 and to complete three hours of continuing education in addition to the continuing education required for the next license renewal. Case Nos. RE-12-58417, RE-12-60551, and RE-12-62725November 15, 2017, Ms. Vierig admitted to having entered into a contract to sell property that she owned without disclosing her status as a real estate licensee. Prior to closing, Ms. Vierig provided an addendum disclosing her status. However, the buyer declined to sign the addendum. Ms. Vierig admits that her actions violated Utah administrative code, agreed to pay a civil penalty of $1,000, and to complete three hours of continuing education in addition to the continuing education required for her next license renewal. Case number RE-14-71216December 2016, Mr. Jaussi admitted to having acted as both a principal in a real estate transaction and as agent for a client in the same transaction, in violation of Utah law and administrative rules. Mr. Jaussi agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-13-67775December 20, 2017, Mr. Winget admitted that he was the manager and employee of a limited liability company which owned property for sale. Mr. Winget listed the property, but failed to disclose his position as a principal in the transaction, in violation of Utah administrative rules. Mr. Winget agreed to pay a civil penalty of $2,500 and to complete two hours of continuing education on the topic of Utah law in addition to the continuing education required for his next license renewal. Case number RE-14-72670iPro Realty NetworkReferral Fee Policy(May 2018)1. Referral Fees. You are encouraged to send and receive referrals to increase commission income. This policy defines how referral fees are split and Compliance Fees are calculated by Company. A “referral fee” is defined as that portion of the listing or selling commission paid to you by a different real estate agent for providing them with a viable real estate lead. Typical referral fees are 20-30% of the sales price of the referred transaction side.2. Referral Fees to be Paid Through Company. Referral fees are considered “commissions” by both the Division of Real Estate and by the Company. Both Utah State Law (Title 61-2f-305) and Company policy require that all compensation received for any real estate related activity, including referral fees and property management fees, are to be paid first to the Company and then to the licensee.3. Referral Fees Not Considered a Transaction. Referral fees are not subject to a Compliance Fee or an E&O premium. Referral fees are not counted or credited towards a transaction side for commission splits or awards purposes.4. Commission Split for Referral Fees.3.1. Referral Fee Split.15% to Company and 85% to AssociateMinimum $75 – Maximum $3003.2. Compliance Fee.Referral Fees are not categorized as transactions are NOT subject to a compliance fee.3.3. E&O Fee.Referral fees are not categorized as transactions and are NOT subject to an E&O premium.iPro Realty NetworkSexual Harassment(May 2018)1. Sexual Harassment Prohibited. iPro Realty Network has a strict policy prohibiting all forms of sexual harassment. The policy applies to all Associates and/or Employees when they are acting within the scope of their employment or pursuant to an Independent Contractor Agreement whether inside or outside the office. No employee or Associate shall engage in any conduct constituting sexual harassment. 2. Definitions. "Sexual Harassment" is defined for purposes of this policy as any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature or with sexual overtones. It includes, but is not limited to:Offensive comments, obscene or lewd gestures;Explicit use of derogatory terms of a sexual nature;Jokes or suggestions about the gender or gender-related physical attributes of another;Sexually suggestive jokes, profanity, or euphemisms;Sexist jokes or comments about one's clothing, body, or sexual activities;Unwelcome personal attention or unwanted physical contact;Direct physical advances which are inappropriate and unwanted;The display of sexually explicit or suggestive pictures, drawings, or written materials; orA social invitation accompanied by a discussion of performance reviews, evaluation, or merit considerations.3. Enforcement. If you believe you have been harassed, notify your Branch Broker or the Principal Broker. Though a written complaint is not required, you must provide details about the dates, times, places, and witnesses to the harassment. All complaints will be investigated promptly.4. Investigation and Resolution. The Branch Broker and/or Principal Broker and/or the Company’s Attorney shall promptly resolve the matter, taking into account privacy and confidentiality concerns consistent with a full and fair investigation.5. Grounds for Termination. Associate, working as an independent contractor, understands that violation of Company’s sexual harassment policy is grounds for termination of the Associate’s Independent Contractor Agreement under that Agreement. 6. Prevention of Reoccurrence. The Branch Broker and/or the Principal Broker shall take all necessary steps to prevent any reoccurrence of the harassment and assure that the situation is promptly remedied.7. No Reprisal. No employee or Associate against whom a charge of sexual harassment has been made shall in any manner seek reprisal against the person making the charge.iPro Realty NetworkSocial Media Policy(May 2018)iPro Realty Network recognizes the importance of the Internet in shaping public thinking about our company, sales associates, and Clients. Company also recognizes the importance of our Associates joining in and helping shape industry conversation and direction through blogging and interaction in social media.Consequently, these guidelines in this social media policy will help you make appropriate decisions about your work-related blogging and the contents of your blogs, personal real estate websites, postings on video or picture sharing sites, or in the comments that you make online on blogs, elsewhere on the public Internet, and in responding to comments from posters either publicly or via email.Note that these policies and guidelines apply only to work-related sites and issues and are not meant to infringe upon your personal interaction or personal commentary online.1. Social Media Titles. 1.1. Social Media Profiles. On personal and business social media profile’s (Facebook, Twitter, Pinterest, YouTube, etc.) you are not allowed to title the profile or page “iPro Realty Network,” “iPro Realty,” or “iPro” (i.e. The Jane Smith iPro Realty Team, iPro Realty Network Lehi; iPro Realty Network O’Fallon Team, The iPro Smith Team, etc.)1.2. Blogs. If you are managing a blog, you are not allowed to title the blog “iPro Realty Network” or “iPro Realty,” or “iPro” (i.e. The iPro Top Producer Team, iPro Realty Agent Blog, iPro Realty Salt Lake, etc.)1.3. Personal Websites. You are strongly encouraged to have your own real estate website but you are not allowed to title the website “iPro Realty Network” or “iPro Realty,” or “iPro” (for example , , , etc.)2. Do Not Represent You are the Company. If you are developing online content or writing a blog that will mention “iPro Realty Network,” any other iPro Realty Network’s Sales Associate, a partner, Client, or competitor, identify that you are a Sales Associate with iPro Realty Network and that the views expressed on the blog, post, or website are yours alone and do not represent the views of the Company. As a courtesy to the Company and your manager, we ask you to let your manager know you are writing the blog. Your manager may choose to preview your sites and social media pages from time to time to understand your point of view.3. Confidential and Proprietary Information. You may not share information that is confidential and proprietary about iPro Realty Network. If you have any question about whether information has been released publicly or doubts of any kind, speak with your manager before releasing information that could potentially harm our Company, Associates, partners, or Clients.4. Respect. Always speak respectfully about the Company, our current and potential employees, Clients, partners, and competitors. Do not engage in name calling or behavior that will reflect negatively on our Company's reputation. Note that the use of copyrighted materials, unfounded or derogatory statements, or misrepresentation are not acceptable by the Company and may result in disciplinary action up to and including termination.5. Professionalism. The Company encourages you to write knowledgeably, accurately, and use appropriate professionalism. Despite disclaimers, your Web interaction can result in members of the public forming opinions about you, our company, and our employees, partners, and services.6. Privacy Rights. Honor the privacy rights of our current employees, Sales Associates, and Clients by seeking their permission before writing about or displaying internal company happenings that might be considered to be a breach of their privacy and confidentiality.7. Your Legal Liability. Recognize that you are legally liable for anything you write or present online. Employees and Sales Associates can be disciplined by the company for commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment. You can also be civilly sued by company employees, Associates, competitors, and any individual or company that views your commentary, content, or images as defamatory, pornographic, proprietary, harassing, libelous, or creating a hostile work environment.8. Representation. Associate is responsible for assuring that any listing of your qualifications, credentials, or training contained on the site is current, accurate, and not misleading. Any changes to the foregoing shall be promptly revised on the site.9. Associations and Designations. Associate shall not falsely claim association with any person or group (e.g. trade organizations, designations) or to falsely claim to have earned or been awarded any designations.10. Plagiarism. All text shall be the Associate’s own and not plagiarized or copied from another party without that party’s permission. This shall not prohibit the use of reasonable quotations from the writings of others for which you give citation, writing for which the Associate has received permission to use, or using writings consistent with the practices of the site (e.g., retweeting). No content which infringes upon the rights of any third party may be used.11. Newspaper/Magazine Articles. Copying and pasting full newspaper or news source articles is plagiarism and generally not permitted per the copyright of the source (if noted.) However, a few leading sentences with a link to the original story is acceptable.12. Listings. Associate may write regarding the listings of other Brokerages only with the permission of the other Brokerages agent and Broker.13. Compliance. Associate is responsible for assuring that the use of the site is consistent with the REALTOR? Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary, identifying Associate.14. Images and Videos: Associate is responsible for assuring that Associate is authorized to use any photo or video posted to the site (to avoid copyright infringement.) Associate shall secure permission to post, for marketing purposes, the digital image or video belonging to another person. Images captured on the web are almost always copyrighted. Copyright infringement attorneys routinely sue bloggers and website owners for the unauthorized use of images and videos.15. Accurate Representation: If an image or video has been materially altered in a misleading way contrary to the true condition of the property (e.g. Photoshopped) by Associate, the fact that the image is altered shall be disclosed.16. Creative Commons: Associate understands “creative commons” licensing of photographs, images, graphics, or fonts acquired from the Internet, under most circumstances, excludes commercial use.17. Associate Identification Disclosure: In all media, Associate is required to disclose the following:Name of the Associate responsible for the web site;Name and/or Logo of iPro Realty Network in a conspicuous manner;Associates affiliated with a team may also include the name of that team;Phone and/or email of Associate or team responsible for the web site; and Any other requirements mandated by state law/regulation. (Utah DRE: R162-2F-401H):18. Press. Unless given permission by the Principal Broker, you are not authorized to speak on behalf of the company or to represent that you do so.Recent Utah Division of Real Estate Actions:December 17, 2014, Mr. Archer admitted that he violated advertising rules by failing to include his brokerage information in internet advertising on social media and an online webpage. Mr. Blankenship agreed to pay a civil penalty of $150 for the violation. Case number RE-14-70698December 17, 2014, Mr. Malcolm admitted to failing to include his brokerage name in online advertising in violation of Utah law. Mr. Malcolm agreed to pay a civil penalty of $250. Case number RE-14-70699On April 24, 2017, the Division issued a citation to Mr. Gordon for failing to display his brokerage information on his social media page and advertising his marketing group instead. The citation assessed a fine in the amount of $150. Citation # DREC-17-12July 19, 2017 Ms. Gunn for failing to display her brokerage information on her social media page and website and advertising her marketing entities instead. Ms. Gunn had been previously warned of this violation. The citation assessed a fine in the amount of $500. Citation # DREC-17-21, Case No. RE-15-78678On July 26, 2017, the Division issued a citation to Ms. Nielsen for failing to display her brokerage information on her social media page and advertising her marketing team instead. The citation assessed a fine in the amount of $150. Citation # DREC-17-24, Case No. RE-17-91457iPro Realty NetworkSubmission and Maintenance of Records(May 2018)1. Maintenance of All Listing and Transaction Documents. We are required by Utah State law to maintain records regarding all professional real estate activity conducted by anyone associated with the office for a minimum of 3 years. (Regulation R162-2f-401k.) As a result, you must submit and we will maintain files on all listings, written offers, whether accepted or rejected, and any other documents signed by a customer or client, including rejected offers.2. Review of All Listing and Transaction Documents. We are required by Utah law to review each document generated in any listing or transaction subject to the Company’s supervision. Therefore, you are required to provide us with all listings, written offers, (whether accepted or rejected) and transaction documents, earnest money documents, receipts, correspondence, and any other documents as soon after they are signed by the parties as practical (Regulation R162-2f-401a-15.) 3. 72 Hour Submission Rule. Our policy is that “As soon as practical” explicitly means that said documents must be submitted through our on-line transaction management software, and assigned to its respective folder, no later than 72 hours after execution.4. Executed Documents. “Executed” means all parties have signed the documents. While we want all signatures, dates, and initials completed, if an initial or date is missing but the document is otherwise signed, you should still upload any document within 72 hours. It will be marked incomplete while Associate is obtaining the missing information.5. File Review. We will send you email messages regarding the status of any of your files to help keep you in compliance with the Division of Real Estate. Easily access your file requirements through our Transaction Management System, which is available both at the office and from the Internet on your own computer6. Breach of Duty. You need to understand that failure to timely provide documents for review may constitute a violation of the Division of Real Estate regulations and may be a breach of your Independent Contractor Agreement. Also remember it is a violation of your fiduciary duties not to provide Company with documents in a timely manner for review.DIVISION OF REAL ESTATE: ROBINSON, MICHAEL S., Sales Agent, Sandy, UT. In a May 19, 2009 Stipulation and Order, agreed to a three year revocation of his sales agent license, a civil penalty of $5,000.00, and a hearing to determine his fitness for licensure should he seek re-licensing after three years. In violation of Utah Administrative Rules R162-6.2.7, R162- 6.2.13, R162-6.2.6, and Utah Code Annotated 61-2-11(8), Mr. Robinson negotiated offers on multiple properties but failed to report these transactions or provide copies of the REPC’s to his principal broker. Additionally, he failed to disclose to his clients in writing the existence or possible existence of “due-on-sale” clauses. Case # RE 25939iPro Realty NetworkAssociate Vacation Policy(May 2018)Everyone needs time away from the business. We strongly encourage you to establish balance in your life and to take adequate vacation time. While away, however, it is inevitable that some of your listings and/or sale transactions will require “hands-on” attention.1. Notify Staff. Inform the office administrator and Manager that you will be out of town, for how long, and, if possible, how to reach you in case of an emergency.2. Coverage. Ask another Associate in the office to cover your business while you are away – even if it is only for two or three days. Offers come in on listings and buyers chose to purchase every day and someone needs to be able to provide service to your Clients.3. Notify Your Clients. Inform your Clients you will be unavailable. Let them know who will be watching your business and even try to make a personal (or by phone) introduction. Never leave without notifying your Clients – it is a big negative when they call for you and no one knows how to reach you and no one is covering your business.4. Urgent Business. Discuss each listing and contract you are working with the covering Associate. Explain any urgent business that needs taken care of while you are gone.5. Compensation. Arrive at a compensation sharing agreement BEFORE your departure. Put it in writing. There are several ways to work out compensation. Some agents agree to exchange vacation coverage on a quid-pro-quo basis. Others agree to a 5%, 10%, or 20% referral fee for various activities. You may want to discuss: 1) walk-throughs, 2) attending a closing, 3) showing properties, 4) writing an offer, 5) meeting with appraisers or inspectors, 6) taking a listing.6. Notes. Ask your covering agent to take detailed notes of business activity including who was involved and what was discussed.7. Integrity. Remember, we are the most professional real estate organization in Utah with a mission to be the “Benchmark of Customer Service.” No one can do it alone. To do what we say, when we say we will includes taking care of our Clients even when we are taking personal time.iPro Realty NetworkVehicle Policy(May 2018)1. Driver’s License. Associates are required to have a valid Utah driver’s license.2. Insurance Requirement. While working at iPro Realty Network, Associate is to maintain in full force and effect Automobile Liability Insurance with minimum limits of $250,000/$500,000 covering bodily injury and $100,000 coverage for property damage. 3. Proof of Insurance. Independent Contractor is required to furnish Company a certificate of insurance with respect to such coverage which certificate shall name Company as an “additional insured” party and shall provide that the insurance coverage will not be canceled or reduced without furnishing Company at least 30 days prior written notice.4. Seat Belts. Associate is reminded that Utah State law requires all passengers in an automobile must wear a seat belt. 5. Car Seats and Booster Seats. Utah State Law requires any child age seven or younger to be in an approved child restraint system when seated in a vehicle. To reduce risk, we strongly recommend you insist that all occupants of your vehicle wear safety belts and that all children age seven or younger sit in an approved child restraint system.6. Phone Usage. Associate is reminded of Utah State Law regarding the use of mobile phones:(Utah State Law: 41-6a-1716) A person may not use a handheld wireless communication device while operating a moving motor vehicle on a highway in this state to manually:a) Write, send, or read a written communication, including:(i) a text message; (ii) an instant message; or (iii) electronic mailb) Dial a phone number;c) Access the Internetd) View or record a videoe) Enter data into a handheld wireless communication device.Action Step. Please contact your Insurance Carrier immediately. Have him/her send proof of certificate of “additional insured party” and proof of automobile insurance coverage with liability of not less than $250,000 per person bodily injury/$500,000 per occurrence bodily injury and $100,000 property damage to:iPro Realty Network1060 S Main Street, Suite 202St. George, UT 84770Top 10 New Sales Associate Expectations1. Focus hard on obtaining your first listing or Buyer transaction within your first 30 days2. Build a business plan. For you to succeed in this business, you need a direction to follow. A simple business plan will let you know how many listings and sales you need to reach your income goals and the activities to be performed in order to obtain those listings and sales.3. Treat your new profession like a serious entrepreneur. Focus on income producing activitiesHave a daily start and stop timeWork at least 8 to 10 hours per dayPre-plan and take at least one day off each weekPlan for, and take, regular vacationsImmediately return phone calls and texts4. Advance plan each day as a “Perfect Day” and commit to follow your plan.5. Part of a “Perfect Day” is to contact a minimum of 10 new people each and every work day. Real estate sales is a “numbers game.” Your first few months will consist of heavy prospecting and personal promotion to get off the ground. Plan on making many phone calls, visiting lots of people, and running Pinterest, Facebook, Instagram, and/or Reddit promotions your first months in the business.6. Part of a “Perfect Day” is becoming more competent that day. Commit to attending all of our training sessions and sales meetings. Be there on-time. When there is no in-office events scheduled, spend some time with the David Knox real estate training program.7. Part of a “Perfect Day” is becoming familiar with the current housing inventory and prices. Preview no less than 10 properties per work day (preview one price range and property type at a time.)8. Part of a “Perfect Day” is building your sphere of influence data-base. Strive to enter at least 200 people. Your prospecting plan of contacting 10 new people should include people you already know. Notify them of your new career and ask for their business or a referral.9. We highly value integrity. Always, always tell the truth. This includes realizing you don’t know the answer to every real estate question your family, friends, and prospects may ask, and that’s ok. Tell them you will find the answer and get back to them soon. Demonstrate your integrity by doing what you say.10. Sign-up for an iPro Realty Network website, which displays all Realtor Listings through an IDX feed (free or for a small monthly fee for a fully customizable site.) Wear a name badge and generously hand-out your business cards. These are the least expensive prospecting you can do. ................
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