This Independent Contractor Agreement (this “Agreement”) is hereby made and entered into on this day by and between Oakstrand Realty, (“Broker”), a Real Estate Brokerage Firm, is supervised and managed by the qualifying Real Estate Broker on record with the department of business regulations of the State of Florida.
And,
The present Florida Real Estate Sales Associate or Broker Sales Associate (“Agent”) transferring their current and valid Florida Real Estate license with the State of Florida, with the license number as entered electronically, or manually, at the time of transfer.
By transferring your Florida Real Estate License with our office, you hereby acknowledge and agree to the terms of this Agreement.
Starting at the time of license transfer, either manually or electronically, the Broker and Agent agree to the following terms:
1. License activation: Agent hereby acknowledges and agrees that the Broker may refuse to accept the transfer of license, and/or activate the Agent’s license after reviewing Agent’s online application, in the case, but not limited to, a past or existing claim or a sanction recorded by the Department of Business Professional Regulation, or the Florida Real Estate Commission, or for any reason deemed reasonable by the Broker. In the case of refusal, the Agent’s annual adminstrative fee will be refunded in full to the Agent. Any termination by Broker, after the Agent’s Real Estate license has been transferred will not qualify for refund by the Broker.
2. Employment status: Agent hereby acknowledges and agrees to be an independent sales associate or independent contractor, of the Broker. They will perform Real Estate activities in compliance with Florida Law and Chapter 475. Agent is not considered an employee of the Broker, and he will not be treated as such for health benefits, Federal or State Taxes, or any other benefits typically associated with an employee. Agent is responsible for paying their own income taxes, occupational taxes, local business taxes, self-employment taxes, and/or any other taxes, if any. No monies shall be withheld from the commissions due to the Agent, and no worker’s compensation will be provided. Agent shall receive the total amount of the agent’s commission share due without any withholdings; unless specifically requested by tax authorities or third parties, to collect a debt. Agent shall not receive, any form of payment or benefit other than the amount of commission due per closed and paid transaction that they bring to the Broker. Agent understands that as an independent contractor he shall not receive any benefit or minimum wage from the Broker. Agent has no authority to bind the Broker, unless specified in writing by the Broker. Agent is solely responsible for all fees related to conduct their business including marketing fees, transportation, fines, and/or insurance without any exception. Agent shall insure all transportation used to conduct business according to Florida Law.
Agent is strictly prohibited from incurring any obligations on behalf of Broker or in Broker’s name. Agent shall not sign any contract, agreement, lease, or note in the name of Broker under any circumstances. Additionally, Agent is expressly forbidden from opening or maintaining any bank account or investment account in the name of Broker or endorsing, collecting, or depositing into Agent’s personal account any check, money order, or other negotiable instrument made payable to Broker. Any such unauthorized actions shall be deemed a breach of this agreement and may result in immediate termination and legal action.
3. Agent’s responsibilities: Agent hereby acknowledges and agrees to work in conformance and follow Florida Real Estate Laws, Federal Laws and any rules and regulations attached to the exercise of this activity. Agent shall also comply and follow the Broker’s Office Policy Manual, as part of the present agreement. Agent hereby acknowledges and agrees to follow and respect Fair Housing laws and principles, and understand that the non-failure to comply is grounds for the Broker to terminate this agreement without any refund of the annual adminstrative fee. If Agent is a member of an approved Association of REALTORS®, Agent certifies that they will follow the REALTOR® Code of Ethics, policies, regulations, and the Multiple Listing Service Rules and By-Laws. If there are any changes to the Agent's status with the REALTORS® association, the agent agrees to notify the broker within 48 hours.
4. Education and License Renewal: It is the Agent’s full responsibility to complete any required continuing education and pay for the fees, fines, or any dues related for maintaining a valid and active status. Broker has no responsibility or obligation regarding the Agent’s licenses, fees or renewal status.
5. Supervision of the Broker: Agent shall act and perform as an independent contractor without Broker’s supervision, except for what is required by Chapter 475; for which Agent is working under Broker’s supervision.
Broker may at any time and without any particular reason, launch an internal audit regarding Agent’s past or current transactions. The formal request will be made by certified mail to Agent’s mailing address, as registered with the Florida DBPR.
Agent will comply with Broker’s requests and will provide all documents related to the transactions including but not limited to emails with parties involved in the transactions, text messages and any other document either audio, video, in writing or contained in any electronic support related to the transactions. Refusal from Agent to fully comply with Broker’s request in a timely manner will authorize Broker to hold the payment of any commission due to Agent, even the ones not related to the transactions for which Broker requested an audit, and the immediate repayment to Broker of any commission already paid by Broker to Agent for which Agent did not cooperate fully to Broker’s inquiry.
If the Agent fails to comply in writing with the Broker's request for information within 30 calendar days of receiving certified mail, the Broker is authorized to retain the entire commission amount and use it at their discretion.
Should it be determined that the Agent is not the procuring cause of a transaction, or if the Agent fails to comply with the Broker’s written request to substantiate their claim as the procuring cause, or if the Agent provides false information on the “transaction questionnaire form,” the Broker will retain the entire commission amount and disburse it at their discretion.
6. Communication, training and support: The Agent acknowledges and agrees that Broker's supervision and communication primarily occur through electronic means, such as emails and through the Oakstrand Online Back Office. While the Broker may, at their discretion, choose to engage in one-on-one or phone communication with the Agent, such instances are determined solely by the Broker.
Agent understands and accepts that electronic communication may not be as immediate or direct as phone or face-to-face contact, and acknowledges potential delays in the Broker's response.
Agent agrees to complete the required "Oakstrand New Agent Orientation" provided through the Oakstrand Online Back Office the within fourteen (14) days of application acceptance. Before contacting the Broker, the Agent agrees to consult the provided Online Back Office, specifically reviewing the "Independent Contractor Agreement & Office Policy," "Training Materials," "Contracts & Forms," and "Agent Support" sections. Additionally, the Agent commits to completing mandatory training on the website and utilizing the Q&A database for inquiries before seeking assistance from the Broker.
Agent hereby agrees to regularly access the Oakstrand Online Back Office for the purpose of reviewing brokerage announcements, industry announcements, and provided on-demand training.
Agent shall keep a fully functioning email address, and accepts that the email address communicated at time of registration is to be the primary mean of communication with Broker. Agent must inform Broker of any change of email with 24 hours. Broker is not responsible if communication is not received properly due to Agent’s email not functioning, or for any other reason.
7. Office Policies and Procedures: In conjunction with this Independent Contractor Agreement, the Agent commits to adhere to the terms, procedures, and policies as set forth in the "Office Policies and Procedures Manual." The Agent further agrees to comply with any modifications, addenda, or changes that may be incorporated into the manual from time to time.
8. Updated information and communication: Agent hereby acknowledges and agrees to maintain up-to-date records and contact information with the State of Florida and the Broker, including, but not limited to, phone number, email address, and physical address.
Broker is not responsible for financial loss, or cost of replacement, in case of Broker’s change of address. Agent may have to modify, change or replace all print, marketing documents and all documents, where Broker’s address is mentioned, at Agent’s sole cost. (Note: It is strongly encouraged that the Agent not mention the Broker’s physical address on marketing documents, but rather only the Broker’s website and phone number).
9. Escrow and monies: Agent hereby acknowledges and agrees that the Broker will not have an escrow account, and will not offer escrow facilities for Agent’s customers, under any circumstance. Therefore, Agent agrees not to collect any monies in Agent’s name, or in the Broker’s name. Any monies related to any type of transaction are to be payable and held in the escrow account of a Licensed Title Company, or in the Trust Account of a Florida Licensed Attorney at Law. Customer’s checks, or wire transfer, should be made payable, and given not later than the next business day, directly to the Title Company, or the Attorney in charge of the transaction.
10. Support and Facilities: Agent hereby acknowledges and agrees that the Broker has no obligation to offer or maintain facilities (other than the one required by Chapter 475), working space, conference room, assistant, marketing or any other support, for the Agent, including but not limited to, email with office domain name, printer, fax machine, desk, phone. Agent shall rely solely on the Agent’s own resources, tools, workspace, and technical support of any kind, even when related to a current transaction. In the event of visiting the office, Agent will need to make an appointment with Broker before visiting the office. No office visit without prior appointment will be honored. Agent hereby understands and accepts these limitations.
11. Prohibited activities: Agent acknowledges and agrees that the following are strictly prohibited without exceptions: all property management services, construction, remodeling or repair work for customers, short-term rentals or vacation rentals. Agent shall not operate or manage properties for others in any case. Agent shall not collect any monies for a third party, in regards to property management, and will not manage any property vacant or occupied, or act on behalf of any property owner, regarding compensated or non-compensated property management services. Agent shall not conduct any work, remodeling, repair of any kind on behalf of the owner of a property. Agent shall not ask for advance money from a customer, and shall not advance money in regards to a real estate transaction, or property. Agent acknowledges and agrees that this is violation to the Broker’s office policy, and the Broker may terminate Agent’s relationship with the Broker, at the Broker’s discretion. Should the Agent advance monies to a customer and violate the present Agreement, Agent will not ask Broker to withhold monies from customer, or ask closing agent to do so.
The Agent is strictly prohibited from sharing their password with any other individual to access any secure systems associated with the brokerage, including but not limited to the MLS, online back office, or company email. The Agent hereby acknowledges that sharing passwords is a prohibited activity without any exceptions. This prohibition is in place due to the presence of highly sensitive, confidential, and proprietary information within our system. It is important to note that our system employs sophisticated software that monitors login locations and keystroke patterns, among other factors, to identify instances of account sharing. Any substantiated evidence of account sharing will result in immediate termination.
The Agent is prohibited from offering a commission rebate without first notifying the brokerage and obtaining consent. If a commission rebate is offered to the buyer, the agent must complete the "Buyer Commission Rebate Agreement" available in the "Contracts & Forms" section of the Oakstrand Realty Online Back Office system. This document must be signed by the broker to be valid.
The Agent hereby acknowledges and agrees not to endorse, facilitate, or obligate the brokerage to participate in any real estate transactions where no compensation is specified or provided. The Agent further commits to refraining from endorsing, facilitating, or obligating the brokerage to perform services without ensuring that fair compensation is provided, irrespective of any personal interest in the transaction.
The Agent understands and agrees that service agreements, including but not limited to listing agreements, constitute contracts between the seller or landlord and the brokerage, rather than between the seller or landlord and the agent individually. In the event that the assigned agent is unable to fulfill the duties stipulated in the listing or service agreement, the brokerage remains legally obligated to perform the terms of the agreement. This may necessitate the reassignment of a different agent to fulfill such obligations.
Consequently, all compensation for broker services must be reasonable and equitable for the services rendered. The Broker retains the right to review and, if necessary, reject any listing or service agreement that does not offer fair compensation or does not align with the brokerage's quality standards. The Agent agrees to respect and comply with the Broker's decisions in this regard.
Furthermore, the Agent agrees to indemnify and hold harmless Oakstrand Realty and its Broker from any claims, actions, or lawsuits, including but not limited to losses, judgments, or expenses, including attorneys' fees, arising from or related to the agent’s actions or decisions that violate this agreement.
Agent must conduct the selling or purchasing of their own real estate property independently and not use our office or be affiliated with our brokerage if there is no commission paid or advertised. Since there is no commission involved, the Broker will not participate in the transaction. The Agent should not identify themselves as a salesperson for the Broker during any personal transactions that do not involve commission payments. However, the Agent must disclose their real estate license to their buyer or tenant as required by law, but should not mention the Broker's office name in any documents or business cards related to these transactions. In case of any issues related to such transactions, the Broker will not be involved or provide any support.
12. Indemnification: Agent hereby acknowledges and agrees to hold the Broker and the Firm, and all of its associates, partners, directors and employees, harmless from all claims, cost, expenses, lawsuits, including all fees and/or whatever the nature. That includes, but is not limited to, acts of negligence, misrepresentation, misconduct, non-respect of the present Agreement, or the present office policy, violation of any law, rule, code, local, state or Federal.
13. Legal forms: Agent hereby acknowledges and agrees not to use any type of legal binding forms, or any other forms, excepts for the ones offered in the "Contracts & Forms" section of Broker’s "Online Back Office". If a client is represented by a real estate attorney, Agent shall transfer the offer the same day, to the buyer or seller’s attorney for review. Agent shall not offer advise, lecture or opine on an offer, and will work only under the close supervision of the customer’s attorney. Agents shall always forward any legally binding document(s) concerning Agent’s customer to the Florida Licensed Attorney in charge, and will not return an executed binding document to the other party unless it has been fully reviewed and approved by the customer’s attorney. Agent shall keep an up to date electronic folder in the "Online Back Office". provided by the Broker. Agent shall have to create a new folder for each new customer, and keep this folder accessible and updated at all times, to permit Broker to review it at any time. Details will be in the training section of Agent’s profile. In order to ensure compliance and timely processing, all executed documents must be uploaded to the "Online Back Office" using the transaction system within 72 hours of execution. Failure to do so may result in a Non-Compliance Fee of $100 imposed by Oakstrand Realty for any missing file, listing agreement, or contract that is 30 days past execution. This fee will be deducted from the Agent's commission disbursement in accordance with our compliance policies. Agent hereby acknowledges and agrees with this requirement. Agent hereby acknowledges that they are not authorized to execute any agreements on behalf of the Broker that require the Broker's signature, nor any documents obligating the Broker to pay a cooperating brokerage commission without first obtaining the Broker's signature on the relevant document. Such forms must be reviewed and signed by the Broker to be valid. This includes, but is not limited to, agreements such as "Exclusive Right of Sale," "Exclusive Right of Lease," "Co-Brokerage Commission Agreements," "Seller's Broker to Buyer's Broker Commission Agreements," and any similar forms. Should any Agent be found to have obligated the Broker to pay a third party without the Broker's signature, it will constitute an immediate breach of contract, providing grounds for the immediate termination of contract.
14. Compensation: Broker shall compensate the Agent on a commission basis for each referred transaction successfully closed. Compensation shall not be based on hourly or total time spent on the transaction, but solely on a commission basis. The Agent shall receive 100% of the commission, less any transaction fee as defined in Section "21. Transaction Fee" of this agreement, upon the successful closing of a transaction. Payment to the Agent shall be made only after the Broker has received the transaction funds and all outstanding dues, charges, or fees owed to Oakstrand Realty by the Agent have been settled. It is the responsibility of the Agent to arrange for their commission to be disbursed directly by the Closing Agent at the time of closing. In the event that the Closing Agent does not authorize payment to the Agent at closing, the Broker shall ensure the Agent receives their commission within ten (10) business days after the brokerage commission payment has been received and cleared by the bank. Clearance denotes that the funds are available to the Broker, including any possible withholding by the Broker’s bank, which the Agent acknowledges and accepts. The Broker shall withhold commission payment to the Agent, or instruct the Closing Agent to do so, until all required transaction documents are received, electronically accessible, and reviewed to ensure compliance with Florida Law and Chapter 475.
In the event that the Agent opts to rebate a portion of their commission to a party involved in the transaction, in accordance with Chapter 475 regulations, the shared commission amount shall be derived from the Agent’s net earnings subsequent to the deduction of the transaction fee. It is emphasized that only the Broker is authorized to initiate payment or disbursements to third parties in compliance with Chapter 475 guidelines. Furthermore, the Broker explicitly states non-cooperation with any "commission advance" programs, services, or entities.
15. Agent’s Buying or Selling Own Property: If a commission will be paid, or is advertised by a third party to be paid, Broker must be involved and Agent may not elect to purchase or sell a property without disclosing and acting as a salesperson for the Brokerage.
Agent will not ask for part or the entire commission to be applied towards the purchase price. This is a violation of Chapter 475, since the commission is payable to the brokerage and not directly to the sales associate. Any part of the commission used in any ways without Broker’s consent will be considered a violation of Chapter 475, and Broker will actively pursue it.
If a property is advertised with a specified commission, and is ultimately bought or leased by the Agent, or if the Agent is involved in the transaction or has a financial stake in it and the advertised commission isn't listed on the HUD, then it's deemed that the commission has been unlawfully applied to the purchase price without the Broker's approval. This is equivalent to the salesperson being directly compensated by the selling broker.
Commission is payable to the Broker, who then compensates the Agent according to the terms of this agreement. Agent cannot reduce the commission amount without the Broker's approval. The Agent must seek permission from the Broker before negotiating any advertised commission amount. Any rebates to involved parties must be managed either by the brokerage directly or by the closing agent with explicit authorization from the Broker.
If Broker finds out that Agent has purchased a property or has an interest in the purchase of a property, where part or the entire advertised commission amount has been applied towards the purchase price without broker’s approval, Broker will report this violation to the Florida DBPR, and will pursue the selling broker and the Agent, in payment of the entire amount of the commission plus legal and attorney’s fees.
In respect with Florida Law, Agent will select one the following options when Agent is also party of the transaction and when the payment of a commission is advertised or involved:
Agent agrees to fully indemnify, defend, and hold Broker harmless from and against any and all claims, demands, complaints, Realtor® arbitrations, legal actions, judgments, liabilities, losses, damages, costs, and expenses of any kind, including but not limited to reasonable attorney’s fees and court costs, whether at trial, on appeal, or in arbitration, arising directly or indirectly from transactions in which Agent has any personal interest. This obligation to indemnify, defend, and hold harmless applies regardless of whether such claims or actions are groundless or ultimately determined to be without merit.
16. Compliance: Agent acknowledges and agrees to maintain a transaction folder within the Oakstrand Online Office system, as directed by Broker, for all transactions. The Agent will establish a folder within the designated transaction system located within the Oakstrand Online Office system, where all necessary forms and documents will be stored. Broker reserves the right to access and review Agent's files in this designated system at any time without prior notification. Upon acceptance of application, Broker will provide Agent with access to the online office system. Agent is responsible for promptly updating all real estate files as instructed by Broker in the training section of the Oakstrand Online Office system.
17. Fines or Arbitration: Agent hereby agrees to reimburse Broker for any fines, arbitration awards, or court judgments imposed on Broker due to Agent's infractions of MLS board rules. Reimbursement may be made through cash payment, credit card authorization, or commission adjustment, which the Agent hereby authorizes. Additionally, Broker shall receive 25% of any arbitration award or court judgment as compensation for time, legal expenses, and other costs incurred in connection with such arbitration or court action.
18. Legal action against third parties: Agent hereby acknowledges and agrees that the Broker has no obligation to sue any third party to collect unpaid dues or commission to the agent. If Broker decides to sue, all fees spent to collect such commission will be deducted before payment of the Agent’s commission. If the Broker decides not to sue a third party, the Agent will not sue the Broker for damages or any other type of compensation.
Broker may refuse to sign any form or contract, including but not limited to “Developer’s Broker Registration Form”, “Co-Brokerage Agreement” or any other document that may not be to the best interest of the Broker or may harm the Broker with legal or harsh financial consequences, in case of breach of contract. Agent accepts this prerogative from Broker and will not pursue by any venues the refusal from Broker to sign such a contract.
19. Errors & Omissions Insurance: In the event of a claim, Agent shall be responsible for the deductible amount ($5,000) as specified on the provided insurance. Agent shall immediately notify Broker of any circumstances likely to give rise to any kind of claim or complaint against Agent and/or Broker. Claims arising from Agent's personal interest in the property or other exclusions specified in the provided insurance may not be covered. In the event of a claim, lawsuit, license complaint, or Arbitration demand that is not wholly covered by insurance, Broker may withhold from Agent’s commissions payable an amount adequate to satisfy any amounts not covered. These funds shall be placed in Broker's Claims and Disputes Retention Account pending settlement or other disposition of the matter. Broker may, at Broker's sole discretion, apply such sums as necessary to settle or satisfy any such claim or award, and Agent agrees to cooperate fully in this regard. Agent understands that, from time to time, Broker may deem it necessary to obtain legal consultation concerning one of Agent's transactions. Agent agrees to reimburse and indemnify Broker for any attorney's fees reasonably incurred by Broker to obtain legal advice concerning such transaction(s).
20. Annual Fee: Agent will pay a reoccurring administration fee of $75 annually to keep their license active with the brokerage. Once the Agent’s License has been activated, transferred or renewed with the Broker, the administration fee is not refundable under any circumstances. Any change of the Agent’s license status, may require a new electronic registration on the Broker’s website, with payment of the administration fee in full for the Agent’s license, to be active again with the Broker. The administrative fee will be renewed automatically, unless requested by the Agent in writing at least three (3) business days in advance or cancelled through the online back office's "Manage Account" section prior to the renewal date. When payment for the reoccurring administration fee has been processed, the payment becomes non-refundable. The non-payment of the administrative fee may automatically change the status of the Agent’s license to inactive. It is the Agent’s responsibility to verify that administration fee payment has been made. The Broker has no obligation to inform the Agent that payment is due, or that payment has not been made, or that Agent’s license has been changed to inactive status, due to non-payment of the administration fee. The Broker can change the administration fee fourteen (14) days before administration fee payment is due by Agent, however, the Broker must inform and get approval from the Agent if the amount was to be changed.
Agent agrees that Broker has the right to hold and/or apply any commissions owing to Agent, as may be necessary to pay for or secure any obligations of Agent hereunder. Agent hereby acknowledges and agrees to accept that any reoccurring administration fee is only to permit the Agent to have an active license and have the legal right to work according to Chapter 475. Any other tools, training, support, or resources are not mandatory for the Broker, and are offered only on a complimentary basis with no obligation from the Broker. If the agent needs to use third-party software or acquire a third-party membership, such as those related to realtors' associations, MLS databases, or the supra system, agent acknowledges that they are responsible for covering all associated expenses and adhering to the rules and regulations outlined in the terms of any third-party membership. The broker does not guarantee support or approval for any agreements requiring endorsement offered by third-party software, third-party memberships, MLS databases, or associations. If the agent's membership or access to any third party requires the broker's endorsement, the agent must obtain the broker's approval before proceeding with the sign-up process.
21. Transaction Fees:
The Agent shall receive 100% of any commission earned, minus a transaction fee for each successfully completed transaction, as outlined below:
A minimum transaction fee of $100 will be charged for all services where the brokerage receives compensation. This includes, but is not limited to, retainer agreements. The only exception to this fee is referrals made to Oakstrand Agents. The Agent agrees that the Broker has the right to withhold or apply any compensation owed to the Agent if necessary to cover or secure any obligations of the Agent under this agreement.
22. Brokerage Business Model: If the Agent needs day-to-day supervision, regular phone support, one-on-one training, physical supervision, access to physical facilities, offices, conference room, computer, or regular access to the MLS, the Broker is not the most suitable brokerage for Agent. The Broker will provide supervision and conform to Broker’s supervision as defined in Chapter 475, however, the Agent needs to demonstrate a certain degree of independence and accept the Broker’s specific means of communication, and address any questions or legal situations primarily to the Florida Licensed Attorney representing the Agent’s customer.
23. Fair Housing: The Broker upholds and adheres to the principles of Fair Housing. It is the Agent's responsibility to remain fully informed and up-to-date on all developments in Fair Housing as they pertain to real estate marketing and sales. Any non-compliance with Fair Housing principles by the Agent will lead to appropriate disciplinary measures, including potential termination. The Agent warrants and represents their commitment to: 1) Proactively stay informed on developments in Fair Housing. 2) Comply fully with all Fair Housing laws and regulations. The Agent acknowledges and understands these obligations and agrees to them voluntarily.
24. Confidentiality: The Agent acknowledges that, during the course of this Agreement, the Broker may disclose confidential information. This includes, but is not limited to, mailing lists, client lists, sales data, cost information, business plans, projections, marketing data, training material, supporting documentation, and the Broker’s office policy manual. Additionally, the Broker’s internet practices, marketing practices, and the functionality of www.oakstrand.com and other brokerage websites are deemed confidential. The Agent agrees to take all reasonable steps and exercise due care to prevent the duplication or disclosure of such confidential information and practices. This obligation extends throughout the term of this Agreement and for a period of three years following its termination.
25. Dispute Mediation In the event of a dispute involving two or more Agents licensed with the Broker, the Agent grants the Designated Broker of Oakstrand Realty full authority to resolve the dispute at their sole discretion. The Agent agrees to abide by the decision made by the Broker. Additionally, the Agent agrees to indemnify and hold harmless Oakstrand Realty and its Designated Broker from any claims, actions, or lawsuits, including but not limited to all losses, judgments, or expenses, including attorneys' fees, that arise from or relate to the resolution of the dispute.
26. Termination: This Agreement is valid and stays in force as long as the Agent has an active license with the Broker. This agreement terminates automatically when Agent’s License changes status, whatever the reason, or if the Broker has no more broker of records and/or terminates its activity. Agent agrees that a violation of any of Contractor’s obligations hereunder shall constitute cause for immediate termination of this Agreement. In the event of termination, no reimbursement or refund of any fee is due by the Broker, and the Broker will give no financial gain or any type of compensation to the Agent.
27. Protection of Contractor’s Listings and Contracts: In the event that the Agent decides to terminate their contractual relationship with the Broker for any reason, all non-pending listings acquired by the Contractor during the term of this Agreement shall be withdrawn and transferred to the Contractor's new brokerage. This transfer shall be made without penalty, provided that any outstanding balance for fees owed to Oakstrand Realty has been brought up to date. In the event of any pending sales, they shall be referred to the Contractor's new brokerage with a referral fee that matches the transaction fee payable to the "Broker". If no referral takes place, Oakstrand Realty shall reassign the pending sale to another agent at the Broker's discretion, who will represent the client and brokerage for the remaining duration of the transaction. In this case, the commission split will be 50/50 of the commission balance after deducting the transaction fee. Agent agrees to schedule a meeting with the Broker before transferring their license away from the brokerage. The purpose of this meeting is to facilitate the final separation process, which will include a comprehensive review of ongoing transactions, outstanding credits, incurred expenses, and the reallocation of active clientele..
28. Changes to Fee Plan: Agent understands that Oakstrand Realty may offer alternative plans to agents that have different recurring charges, transaction fees, or commission structures. The Agent may choose to switch from their current plan to a different plan offering by giving written notice to the Broker before the first day of any month. The new plan will take effect on the first day of the following month. The Agent may only make this election once every 12 months.
29. Broker's Marketing Authorization: The Agent gives permission for the Broker to use their name, photograph, and/or closing information for promotional, email, and marketing purposes unless the company receives a written request from the Agent to opt-out.
30. Do Not Call: The Agent is not allowed to solicit individuals on the Do Not Call list, and it is the Agent's responsibility to verify all phone numbers against the list.
31. Changes to this Agreement: From time to time, we may change this Agreement. We will provide you with thirty (30) calendar days notice of material changes via an announcement in the online back office, or via an e-mail to your registered e-mail address or any other email address you provide. It is your responsibility to check for any such notices. Your continued registration and license with an active status with our brokerage after the effective date of the change constitutes your acceptance of such changes.
Broker and Agent acknowledge electronic receipt and copy of this agreement and accept electronic signature of the present document effective at the time of online registration.
This manual establishes a consistent framework for daily conduct among independent contractor, clients, and the public. Each independent contractor is responsible for reading, understanding, and adhering to the policies and procedures outlined herein. Any inquiries regarding this manual should be directed to the broker.
The Broker maintains an independent contractor relationship with its independent contractors, who are not employees of Oakstrand Realty and are not entitled to employee benefits. However, independent contractors must comply with all office policies. Non-compliance with Oakstrand Realty policies may result in termination of the contractual relationship.
These office policies are not intended to modify the terms and conditions of the Independent Contractor Agreement. Specifically, these policies do not alter the right of either party to terminate the Independent Contractor Agreement, with or without cause, provided that advance notice is given to the broker as stipulated in the Independent Contractor Agreement. Neither these policies, nor any other written or verbal communications from the broker, are intended to create an employment contract or guarantee any benefits.
These policies are intended as guidelines and may be subject to modification. Oakstrand Realty reserves the right to amend these policies as deemed necessary to serve the best interests of its independent contractor, clients, and the brokerage. This office policy manual supersedes all prior handbooks, policies, procedures, and practices of Oakstrand Realty. Oakstrand Realty retains the sole discretion to amend, delete, or modify the policies contained herein. However, the policy regarding the independent contractor relationship between the parties shall remain unchanged. No officer, employee, or representative of Oakstrand Realty is authorized to enter into any employment agreement, whether express or implied, with any independent contractor.
The Office Manual is a crucial document designed to familiarize you with Oakstrand Realty. It serves as a guide but is not definitive in all instances. Individual situations may necessitate personalized attention. Please review the following statements carefully.
In real estate, real estate agents assume various roles during transactions. They can represent either the seller or the buyer individually, serve as a mediator (referred to as a transaction broker), or opt for no brokerage relationship at all. Regardless of their role, real estate agents must strictly adhere to regulations to safeguard the interests of those they represent. This responsibility is paramount and demands unwavering dedication from all real estate agents.
Real estate agents must always be transparent about whom they represent and the manner in which they do so (whether as a "Single Agent," "Transaction Broker," or with "No Brokerage Relationship"), and fulfill their duties diligently. Furthermore, independent contractors must comply with regulations regarding the disclosure of their representation and ensure proper documentation for each transaction.
Real estate agents are mandated to utilize specific forms, such as the Oakstrand Realty Buyer Disclosure, the FAR Approved Broker Relationship Disclosure, or the No Brokerage Relationship form, as applicable, to establish representation between the independent contractor and the client at the outset of their relationship. These forms must be provided prior to the commencement of any services.
Oakstrand Realty maintains a strict adherence to Fair Housing laws and unequivocally prohibits any form of discrimination in the delivery of our services. Discrimination based on age, sex, race, color, religion, physical or mental disability, familial status, marital status, national origin, genetic information, sexual orientation, or any other protected category is strictly forbidden among our clients, customers, independent contractors, and employees.
The prohibited behaviors include, but are not limited to, the following:
Any violation of fair housing laws or this policy must be promptly reported to the Broker. Independent contractors are expressly forbidden from engaging in any conduct that contravenes this policy and are subject to immediate removal from their duties or association with Oakstrand Realty for such violations.
In addition to the obligations outlined in this Manual, you are obligated to adhere to all applicable Federal and state laws, including, but not limited to, the Real Estate Settlement Procedures Act (RESPA), along with all associated regulations and rules. Should you have any inquiries or concerns, it is imperative that you promptly seek guidance from the Broker.
Agents are accountable for ensuring full compliance with licensing regulations across all states in which they conduct business. This encompasses ongoing educational requirements, timely license renewal, and maintaining a comprehensive understanding of all pertinent regulations while staying informed about any amendments to existing rules and regulations. Agents may be mandated to complete training to ensure a thorough comprehension of newly enacted regulations or alterations to licensing laws.
If you are working with a buyer, all transactions must be formalized with a buyer broker agreement. These agreements define the working relationship between buyers and their agents by outlining both parties’ expectations. Three forms are available in the "Contracts & Forms" section of the online back office to satisfy this requirement:
One of these forms MUST be completed before showing any properties or beginning any working relationship when representing a buyer.
If you are working with a tenant, all transactions must be formalized with the "Showing Agreement" form available in the "Contracts & Forms" section of the online back office. This agreement defines the working relationship between tenants and their agents by outlining both parties’ expectations.
The showing agreement form MUST be completed before showing any properties or beginning any working relationship when representing a tenant.
It is the strict policy of Oakstrand Realty that all property showings must be conducted in the presence of a licensed real estate independent contractor. Under no circumstances will exceptions be made to this policy. The attending independent contractor may be from Oakstrand Realty or from another licensed firm.
Listing Protocol: As the listing agent, in accordance with the terms outlined in the listing agreement with the property seller, you are entrusted with ensuring adherence to our showing protocol. This encompasses securing explicit authorization from the seller for the installation of a lock box on the property. Prior to any showing facilitated by a buyer's agent, it is imperative that you secure confirmation and consent from the homeowner regarding the scheduled time. In instances where the property is unoccupied and the homeowner has granted authorization for "Open Showing" arrangements, individual homeowner confirmations may be waived; however, it remains incumbent upon you to promptly notify the homeowner of each scheduled showing.
Direct Showings: For direct showings, where a buyer contacts you directly to view your listing, you must still obtain confirmation from the homeowner before proceeding. During direct showings, you are responsible for ensuring that all lights are turned off and that the property is fully secured, with every door locked upon departure.
Buyer Representation: You are required to accompany your buyer on all showings without exception. Under no circumstances should you provide your buyer with the lock box code. Upon conclusion of the showing, you must ensure that all lights are turned off, and the property is securely locked. If you anticipate being early or late for a showing, it is imperative that you notify the listing service or listing agent promptly and reconfirm the acceptability of the scheduled time.
Please be reminded that showings take place in someone's home, and it is essential to exercise the utmost care and respect at all times.
Attendees must adhere to the Oakstrand Realty Dress Code as specified in the office manual.
When hosting an open house for a property listed by yourself or another Oakstrand Realty agent, it is required to arrive 15-30 minutes prior to the scheduled start time. Position open house signage in front of the property, prepare property handouts, and provide a sign-in sheet for visitors. It is recommended to personally record visitor information to ensure legibility.
Allow attendees ample space to tour the property independently. After their viewing, engage with attendees to address any inquiries or feedback. If an attendee shows minimal or no interest in the property, follow up after the open house to offer assistance in their home search.
In the event of genuine interest in a property listed by another agent, you may refer the attendee to the listing agent or offer assistance as a buyer's agent. Provide a comprehensive explanation of the advantages and disadvantages of each scenario.
Upon conclusion of the open house, ensure the property is securely locked and provide feedback on the event, including the number of attendees, to the listing agent or homeowner.
As an independent contractor, you are solely responsible for covering all expenses associated with your business activities, which include but are not limited to costs for For Sale Signs, Open House Signs, Business Cards, advertising to promote your listings, advertising to acquire buyer and seller clients, MLS Dues, Local, State, and National Realtor Dues, and any other essential fees, expenses, or costs for the operation of your business.
As a representative of Oakstrand Realty, you are obligated to strictly adhere to the provisions outlined in the Real Estate Settlement Procedures Act ("RESPA") at all times.
RESPA prohibits the offering or acceptance of kickbacks, referral fees, unearned fees, or any form of compensation in exchange for the referral of business related to a real estate transaction. Settlement charges cannot be split unless they are for actual services provided at fair market value. RESPA not only serves as an anti-kickback statute but also mandates disclosure of such transactions.
A RESPA violation may occur whenever there is an exchange of value for the referral of settlement services, whether explicitly agreed upon or inferred from circumstances or historical practices. Both oral and written agreements to provide referral fees to settlement providers constitute violations.
As a member of Oakstrand Realty, you are strictly prohibited from accepting any form of incentive from individuals associated with settlement services. This prohibition extends to settlement service providers offering to cover costs typically incurred in your real estate activities. Similarly, offering gifts, bonuses, or incentives to settlement service providers is forbidden.
It is of paramount importance to inform the Broker if you currently have or are considering any affiliated business arrangements, as these arrangements pose specific challenges regarding RESPA compliance.
Should you have any doubts or inquiries regarding whether certain conduct may contravene RESPA regulations, it is imperative that you promptly contact the Broker to address the matter.
Oakstrand Realty is committed to strict adherence to antitrust laws to prevent any potential liability. Antitrust law prohibits activities that could lead to price or commission fixing and boycotts, both of which can significantly impact real estate brokerage operations.
Price fixing, wherein real estate firms agree on commission rates, is strictly prohibited by antitrust laws. This applies to all personnel. Agents must refrain from any actions suggesting an intent to fix prices or commission splits.
Moreover, antitrust law restricts agreements on other terms or conditions of brokerage agreements with clients, such as listing durations.
Group boycotts, where brokerage firms collectively refuse to engage with a particular entity, are also forbidden under antitrust laws.
To ensure compliance, the following guidelines must be followed:
By adhering to these principles, Oakstrand Realty ensures compliance with antitrust laws and maintains ethical business practices.
In the event of a potential sale or lease involving a residential property constructed prior to 1978, it is imperative that all parties participating in the transaction fully complete the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form. This completion is mandatory and must occur either prior to or concurrently with the execution of the purchase and sale agreement.
Access to the requisite forms is available exclusively within the "Contracts & Forms" section of the Oakstrand Online Back Office. It is essential to utilize these official forms exclusively for compliance purposes.
Furthermore, utilization of the form is warranted only for properties erected before 1978 or those with components predating this year within the existing structure. For instance, properties subject to substantial rehabilitation but retaining certain pre-1978 components fall under this requirement. The federal law expressly prohibits the execution of this form for properties constructed post-1978.
Both buyer and seller are obliged to thoroughly complete the form. Real estate agents, regardless of their representation, bear the responsibility of ensuring comprehensive compliance with this disclosure requirement. Every section of the form must be accurately filled out, including acknowledgment by the purchaser of receipt of all listed information, even if no such documentation is provided by the seller.
Initialing, signing, and dating by all involved parties, including independent contractors, is obligatory for the form's validity. A complete copy of this form must be retained within the transaction file as established in the "Transaction" section of the Oakstrand Online Back Office.
In the event of any queries or uncertainties regarding form completion or its applicability, immediate consultation with the Broker is strongly advised. Non-compliance carries significant penalties; therefore, strict adherence to these stipulations is mandatory.
It is essential to note that federal law mandates certification for contractors disturbing lead-based paint, coupled with adherence to specified work practices to avert lead contamination.
At Oakstrand Realty, we are committed to transparent and comprehensive disclosure practices in real estate transactions, ensuring adherence to legal obligations while diligently representing our clients' interests.
Agents are required to disclose all known defects concerning the property that they are actually aware of, consistent with our duty to provide maximum information to all involved parties. While the law does not mandate real estate agents to investigate issues, willful ignorance of potential problems is prohibited. Should any doubt or concern arise regarding the disclosure of information, real estate agents are encouraged to seek guidance from the Broker.
It is Oakstrand Realty's policy that sellers complete the Seller Disclosure form, providing full and accurate information about the property. In instances where there are gaps or uncertainties, sellers are advised to either disclose all material information or mark the item as "unknown." Even if the seller has never lived in the property, they remain obligated to disclose any and all information within their knowledge pertaining to the property. Failure by the seller to complete the form warrants immediate notification to the Broker for further action, including the possibility of discontinuing the property listing.
Throughout the listing period, purchase negotiations, home inspection, or pending sale, any new information relevant to the property must be promptly updated on the Seller Disclosure form. Verbal disclosures by real estate agents are not prohibited; instead, real estate agents must clearly identify the disclosure in writing, ensuring transparency.
If real estate agents become aware of conditions surrounding the property, not physically on-site but potentially influential to a buyer's decision, they are required to consult with the Broker to determine whether disclosure to prospective purchasers is warranted. Oakstrand Realty's policy prioritizes disclosure, safeguarding the interests of all parties involved.
Compliance with Federal Regulations: The Telephone Consumer Protection Act (TCPA) governs unsolicited marketing communications via telephone, fax, and electronic mail. These regulations pertain to both interstate and intrastate solicitations and advertisements conducted by real estate agents.
Responsibilities of Agents: Agents engaging in the transmission of unsolicited faxes or emails are obligated to screen their contact lists against the national Do-Not-Call registry. In instances where an individual requests exclusion from future communications, real estate agents must document the recipient's name, telephone number, and the date and time of the call. This information should be promptly relayed to the broker for inclusion in the office-specific Do-Not-Call list.
Telephone Communication Protocol: In adherence to Federal Do-Not-Call requirements, real estate agents are prohibited from initiating telephone contact with prospective clients unless specific criteria are met:
In the absence of these exceptions, real estate agents must obtain advance consent from the broker before contacting consumers by telephone and must review a current copy of the Do-Not-Call list, ensuring it is not older than fourteen (14) days. Additionally, real estate agents are reminded to terminate calls politely upon request and refrain from calling before 8:00 a.m. or after 9:00 p.m., respecting time zones.
Email Solicitation Compliance: Agents must also adhere to the Can Spam Act enforced by the Federal Trade Commission for email solicitations. Emails must prominently feature the agent's return email address and the postal address of the Brokerage. Furthermore, recipients must be provided with a conspicuous opt-out mechanism, and agents must possess the capability to promptly remove recipients from mailing lists for at least thirty days following transmission. Each email must include a clear and conspicuous notice of its promotional nature.
Prohibition on Unsolicited Fax Solicitations: Agents are strictly prohibited from transmitting unsolicited facsimile solicitations.
Bulk Electronic Mail and Fax Solicitation Protocol: Agents must obtain approval from the broker before disseminating any bulk electronic mail or fax solicitations, ensuring compliance with regulatory requirements and content review.
For the purpose of this agreement, "media" shall encompass all promotional mediums, including, but not limited to, print, electronic, billboard, signage, internet, social networking platforms, and any other display medium.
All advertisements and supplementary marketing materials are required to prominently feature the Brokerage's name and logo, accurately represented with brand colors. Additionally, they must conspicuously display either the agent's name and contact number.
Utilizing social media platforms like Twitter, Facebook, Instagram, YouTube, LinkedIn, and blogging has become prevalent. Oakstrand Realty neither endorses nor discourages its independent contractors from engaging in social media or blogging activities. However, it is crucial for independent contractors to recognize that such postings are public and, even if restricted, may be disseminated beyond the intended audience. Furthermore, digital content, once posted, may persist indefinitely in cyberspace. Therefore, independent contractors must exercise caution as internet postings, regardless of when or where they are made, can impact not only their personal reputation but also that of Oakstrand Realty, its independent contractors, employees, clients, and the broader public.
If an independent contractor chooses to blog or participate in social media platforms using personal resources and equipment, adherence to the following guidelines is mandatory:
Oakstrand Realty expressly disclaims any obligation to maintain an escrow account or offer escrow services in any situation. All independent contractors are required to adhere strictly to state regulations regarding the prompt and proper depositing of funds with designated Escrow/Title Agents. In the event of suspected non-compliance with this policy, please promptly notify the Broker for immediate action and resolution.
Oakstrand Realty independent contractors must use forms found in the "Contracts & Forms" section of the Oakstrand Online Back Office for all real estate transactions and associated tasks. This policy ensures consistency, compliance, and legal protection for both independent contractors and the brokerage.
Agents can fill in the blanks on the provided forms only when factual information is required. However, they are strictly forbidden from deleting standard typed language or adding legal clauses. Doing so may be seen as unauthorized legal practice and could lead to serious legal consequences.
For any questions about form usage or related matters, independent contractors should promptly seek guidance from the Broker.
Oakstrand Realty permits independent contractors to engage the services of personal assistants, whether licensed or unlicensed, only upon obtaining written consent from the Broker. Agents are accountable for overseeing their personal assistants in compliance with all Oakstrand Realty policies and procedures.
Should you opt to employ a personal assistant as an independent contractor, you must strictly adhere to state regulations governing the activities permissible for licensed or unlicensed personal assistants.
Oakstrand Realty assumes no obligations or benefits towards personal assistants unless there exists an independent contractor or employment agreement with them. As per Florida license law, licensed personal assistants are required to affiliate their license with Oakstrand Realty, and if their compensation is commission-based, it must be directly facilitated by Oakstrand Realty.
A written agreement delineating the nature of the relationship and the duties and responsibilities of each party is mandatory. Prior to its effective date, Oakstrand Realty must receive a copy of this agreement for approval and record-keeping purposes.
Should the law necessitate Workers Compensation insurance for the assistant, it becomes solely your responsibility to provide it. Agents are encouraged to consult with a Workers Compensation insurance representative regarding this matter.
All independent contractors are hereby obligated to exercise the utmost care in safeguarding the confidentiality of Oakstrand Realty's proprietary information as well as the confidential information belonging to our clients. This obligation extends to preventing unauthorized access or disclosure of such information to individuals both within and outside of Oakstrand Realty who lack entitlement to its knowledge.
Definition of Confidential Information: Confidential Information encompasses a spectrum of sensitive data integral to our operations, including but not limited to:
General Restrictions: Independent contractors are prohibited from utilizing or disclosing Confidential Information unless mandated by their duties on behalf of Oakstrand Realty. Such Confidential Information, as outlined herein, is the exclusive property of Oakstrand Realty, subject to proprietary rights. Independent contractors are expressly forbidden from utilizing, disclosing, or disseminating such Confidential Information during or following their tenure with the Brokerage.
Maintaining Confidentiality and Exercising Caution in Public Spaces: To uphold the confidentiality of information, independent contractors are obliged to:
Physical Safeguarding of Confidential Information: Independent contractors must ensure physical protection of Confidential Information by:
Protection of Electronic Confidential Information: Independent contractors must safeguard electronic Confidential Information by:
Visitor Access Limitations: To prevent unauthorized access to Confidential Information, visitor access should be limited to designated areas such as reception/lobby or conference rooms. All visitors must sign in at the reception desk upon entry.
Procedures Upon Termination of Independent Contractor Agreement: Upon termination of affiliation with Oakstrand Realty, independent contractors must promptly return all Confidential Information, including copies and forms, to the Broker. This includes information generated or provided during the contractor's tenure, without exception.
In the event that you or a family member possess a personal interest in the sale or purchase of a property, it is imperative to disclose such interest in writing to all pertinent parties engaged in the transaction. Moreover, any other potential conflicts of interest must be promptly brought to the attention of the Broker. This ensures transparency and compliance with ethical standards, safeguarding the integrity of the transaction for all involved parties.
Oakstrand Realty is committed to fostering a professional and efficient workplace environment, devoid of disruptions and disturbances. In furtherance of this commitment, it is mandated that all independent contractors uphold a tidy and presentable appearance consistent with the standards of a professional workplace during property showings, Open Houses, inspections, closings, listing appointments/photos, and any other real estate-related responsibilities.
As an independent contractor, you have the right to schedule vacations and other absences from work without needing prior approval. Nevertheless, you are required to inform the Broker in writing of your intended time away from work if you have any active transactions. Additionally, you must provide a plan detailing how your pending transactions and other professional obligations will be managed during your absence.
In accordance with strict laws regarding "Distracted Driving," which includes, but is not limited to, activities such as texting, using cell phones, iPods, and other electronic devices, Oakstrand Realty advises that you use your cell phone only when your vehicle is safely stopped on the side of the road. You are required to maintain your automobile in a clean, properly maintained, and safe operating condition at all times. You bear sole responsibility for any damage or injury caused while driving. Oakstrand Realty strongly recommends that, in addition to your primary insurance coverage with minimum limits of $250,000/$500,000, you obtain excess liability coverage to supplement the underlying policy.
For liability reasons, Oakstrand Realty advises against driving clients in your personal vehicle. Instead, we recommend arranging to meet clients directly at the location. You are solely responsible for driving in a safe, responsible, and alert manner at all times, and you will be held accountable for any consequences resulting from your driving.
The possession, use, sale, or being under the influence of alcohol or illegal drugs is strictly prohibited on Oakstrand Realty premises and during the conduct of any Oakstrand Realty related business.
Oakstrand Realty is committed to maintaining a safe and healthy working environment for independent contractors, employees, customers, and clients. To this end, we provide workplace safety and health information to independent contractors through on-demand training, announcements in the Oakstrand online office, and other written communications. It is the responsibility of each independent contractor to review these announcements and trainings as they are released.
Independent contractors are encouraged to actively participate in enhancing workplace safety by sharing ideas, concerns, or suggestions with the Broker. All reports and concerns about workplace safety can be made anonymously and without fear of retaliation.
Independent contractors are required to adhere to all safety rules and exercise caution in all work activities. Any unsafe conditions must be promptly reported to the Broker. Non-compliance with safety standards, creation of hazardous or dangerous situations, or failure to report or remedy such conditions may result in the termination of the contractual relationship.
In the event of an accident resulting in injury, regardless of the severity, independent contractors must immediately notify the Broker.
Oakstrand Realty recognizes the inherent health risks associated with smoking, affecting both smokers and nonsmokers alike. This policy aims to prioritize the health and safety of all individuals within the Oakstrand Realty workplace, including independent contractors, employees, clients, and visitors. The successful implementation of this policy relies on the conscientiousness, consideration, and cooperation of all parties involved.
Each independent contractor within Oakstrand Realty is obligated to adhere to the provisions outlined in this policy. All independent contractors, employees, customers, and visitors of Oakstrand Realty are required to adhere to the smoking regulations delineated in this policy, which are established to maintain a smoke-free work environment in accordance with relevant state laws.
Smoking is strictly limited to designated outdoor smoking areas. Smokers are responsible for ensuring that these designated areas remain clean and orderly. Smoking is expressly prohibited within all Oakstrand Realty office buildings, as well as on client or customer properties.
In the event of witnessing a violation of this policy, an independent contractor may first inform the smoker of Oakstrand Realty's smoking policy. If the smoking persists, the matter should be escalated to the Broker, who will then address the situation directly with the violator. Subsequent violations should be reported to the Broker. Breaches of this policy may result in disciplinary measures, including but not limited to the termination of affiliation with Oakstrand Realty.
The use of the Oakstrand Online back office, email, and all other technological tools and communications resources (hereinafter collectively referred to as "IT resources") provided by Oakstrand Realty constitutes the use of business tools, incurred at considerable expense to Oakstrand Realty. Consequently, it is expected that these IT resources will be utilized solely for business-related purposes unless expressly authorized by the Broker.
Inappropriate Use of IT Resources: Any inappropriate use of the IT resources provided by the brokerage is strictly prohibited and may result in termination of affiliation with Oakstrand Realty. Examples of inappropriate use include, but are not limited to, the following:
Unauthorized Access: Accessing Oakstrand Realty's IT resources without proper authorization is strictly prohibited. Independent contractors may not utilize codes, access files, or retrieve stored communications unless explicitly authorized or granted prior clearance by an authorized Oakstrand Realty representative. Oakstrand Realty's information technology systems are designated for business purposes exclusively by Oakstrand Realty personnel and authorized independent contractors. Individuals who are not affiliated with Oakstrand Realty must obtain explicit permission from the Broker before accessing Oakstrand Realty IT resources.
The use of an Oakstrand Realty independent contractor's account, username, or password, or the unauthorized access of another individual's files without consent (except by authorized representatives of the Broker) is strictly forbidden. Any attempt to obtain other users' passwords, or the utilization of programs that compromise security in any manner, is also prohibited.
Passwords are mandatory for accessing many applications within Oakstrand Realty's information technology systems, and users may be required to periodically change their passwords for security purposes. All passcodes and passwords remain the exclusive property of Oakstrand Realty.
Users of Oakstrand Realty's IT resources must exercise reasonable precautions to prevent unauthorized access. Passwords should never be disclosed to unauthorized individuals, nor should they be written down or transmitted via the Internet, Intranet, email, or any other communication channel.
Probing: Unauthorized access to Oakstrand Realty's information technology systems is strictly prohibited. This includes any attempt to probe into Oakstrand Realty's IT infrastructure. Accessing files on the system that you did not create is also strictly prohibited, unless prior authorization has been obtained from your manager or another authorized management representative. Any instances of unauthorized access or suspicious activity should be promptly reported to the Broker.
Sabotage: Any action involving the destruction, theft, alteration, or any form of sabotage directed towards Oakstrand Realty's IT resources, including but not limited to websites, files, and data, is strictly prohibited. Such actions will be thoroughly investigated and may result in legal prosecution to the fullest extent permitted by law.
Hacking: Unauthorized access or manipulation of information technology systems, commonly referred to as hacking, is expressly forbidden. This prohibition extends to the unauthorized use of Oakstrand Realty's IT resources to access third-party computer systems. Any instances of hacking may be reported to the appropriate local authorities. Should vulnerabilities within Oakstrand Realty's IT infrastructure be discovered, they are to be promptly reported to the Broker.
Viruses: The use of virus, worm, or Trojan horse programs is strictly prohibited. Should any such malicious software be identified, it must be immediately reported to the Broker for prompt remediation and mitigation measures.
Confidential Information: Any and all data and information owned or possessed by Oakstrand Realty, including but not limited to customer details, shall be treated as confidential unless explicit authorization has been granted by Oakstrand Realty for its use. Examples of confidential information encompass, without limitation, personnel and payroll records of current or former independent contractors, client transaction details, financial records, vendor and supplier transaction records, and any other information related to the company's business affairs, operational practices, or procedures. Unauthorized access or attempted access to confidential data is strictly prohibited.
Confidential information must be utilized solely for its designated purpose. Independent contractors are obligated to maintain confidentiality beyond their work hours, necessitating careful handling when using personal computers and other portable devices.
When transmitting email correspondence involving confidential or proprietary information, independent contractors are expected to exercise significant caution due to the potential for unauthorized access. Queries regarding the requisite level of security for specific information should be directed to the Broker.
Security Measures for Oakstrand Realty IT Resources: To ensure the physical security of Oakstrand Realty's IT infrastructure, the following measures must be adhered to:
Violation of these security measures may result in disciplinary action.
The Brokerage strictly prohibits the unauthorized duplication of copyrighted material in accordance with copyright laws. Copyright holders possess exclusive rights, including the creation and distribution of copies, as outlined in Title 17 of the U.S. Code (Section 106). Unauthorized copying or distribution of copyrighted material is illegal unless explicitly authorized. Users may create backup copies for archival purposes under Section 117.
Users who engage in unauthorized copying bear the consequences of their actions. It is important to note that illegal reproduction of copyrighted material is subject to both civil damages and criminal penalties under U.S. Copyright Law.
Resolution of conflicts, both internal and external to Oakstrand Realty, shall primarily be managed through the Broker. As an independent contractor affiliated with Oakstrand Realty, you are required to promptly report any issues or disputes that may arise. Such disputes encompass, but are not limited to, the following:
This list is not exhaustive, and other issues may arise during your affiliation with Oakstrand Realty. In cases of uncertainty, it is imperative to promptly notify the Broker.
Furthermore, you are responsible for terminating all subscriptions, as Oakstrand Realty does not provide refunds. Additionally, you must inform your local board (if applicable) of any changes.
The Broker's supervisory responsibilities shall cease upon the independent contractor's return of their license to the real estate commission.
As an Oakstrand Realty independent contractor, adherence to compliance standards is of paramount importance. Upon execution of a listing agreement or purchase contract, it is imperative that you promptly submit all associated paperwork for review. This submission should be made via Oakstrand Realty's Transaction Management System, accessible within the Oakstrand online back office, within a maximum timeframe of 72 hours. This requirement serves to safeguard the interests of the independent contractor, the brokerage, and the clients we represent. Timely submission facilitates the identification and rectification of any overlooked signatures, initials, or other essential documentation.
In March of 2020, the National Association of Realtors introduced the "Clear Cooperation" policy. This policy mandates that any property marketed for sale must be promptly entered into the Multiple Listing Service (MLS) and listed as active within 24 hours of marketing commencement. As a result of this policy, the practice of "Coming Soon" listings has been prohibited. Non-compliance with the "Clear Cooperation" policy may result in substantial fines and penalties.
Upon the effective date of a listing, please be aware of the time frame specified by your MLS for the listing to be made available on the MLS platform. If for any reason the listing cannot be entered within that designated time frame, or if the seller chooses not to have the property listed on the MLS, it is imperative that an Owners Waiver of Entry in the MLS be promptly submitted to the MLS authorities. Furthermore, in the event of such a waiver, no marketing activities or property showings shall be permitted.
All MLS listings require broker approval. After completing the data entry, uploading listing photos, and attaching all applicable documents such as the Seller Disclosure, Flood Disclosure, HOA Addendum, Lead-Based Paint Addendum, Condo Rider, HOA Documents, and Condo Documents, you must submit the MLS listing to the broker for final approval.
Oakstrand Realty, being a sales-oriented brokerage, unequivocally prohibits engaging in property management activities. Under no circumstances shall any property management services be rendered through the brokerage, nor are they permitted to be conducted externally. It is hereby acknowledged that property management constitutes real estate services and must be exclusively conducted through the brokerage when compensation is received from the property owner or landlord.
In order to maintain clarity and transparency in consumer transactions, regulations have been established regarding how independent contractors may market themselves, particularly in terms of personal branding. These regulations are designed to facilitate easy identification for consumers regarding the brokerage entity they are engaging with. The concern primarily revolves around independent contractors presenting themselves under names such as "Jane Doe Homes," "Jane Doe Real Estate," "Jane Doe Realty," or "Jane Doe Properties."
Furthermore, there have been instances where independent contractors excessively promoted their individual names on business cards and signage, with the brokerage name occupying a minimal portion, sometimes as little as 10%. Under the updated regulations, independent contractors are only permitted to operate under names such as "Jane Doe Group" or "Jane Doe Team." Moreover, on any signage or business card, the brokerage name must be prominently displayed, covering at least 50% of the surface area.
These regulations aim to ensure transparency and prevent confusion in consumer-independent contractor interactions.
A licensee is permitted to share brokerage compensation with any party involved in a transaction, provided that full disclosure is made to all relevant parties, including the buyer, the seller, the title company, and the lender and that the rebate has been authorized by the Broker. In the event of rebating a portion of the commission to the buyer, the "Buyer Commission Rebate Agreement" available in the "Contracts & Forms" section of the Oakstrand Realty Online Back Office system must be completed. This document must be signed by the broker to be considered valid.
Under no circumstances should an independent contractor offer compensation to a buyer or seller beyond what is documented in the ALTA or final Settlement Statement.
Any advertising concerning these rebates must be truthful, accurate, and clear, avoiding any false, fraudulent, deceptive, or misleading statements. Additionally, it must explicitly disclose any conditions or limitations that may apply.
Introduction: Oakstrand Realty is committed to maintaining an environment free from discrimination and harassment for all independent contractors, employees, customers, and clients. Discrimination or harassment based on race, color, sex, pregnancy, sexual orientation, national origin, genetic information, religion, marital status, veteran status, physical or mental disability, age, or any other protected category under federal or state law is strictly prohibited.
This prohibition extends to all areas where independent contractors, employees, customers, and clients engage in activities related to their affiliation with Oakstrand Realty. We do not condone any form of sexual or unlawful discrimination or harassment and will not tolerate any retaliation against individuals who report such behavior or cooperate in investigations.
Oakstrand Realty takes allegations of policy violations seriously and will promptly investigate complaints of harassment. If inappropriate conduct is found to have occurred, we will take swift action to address and eliminate it, including disciplinary measures where necessary.
While our aim is to foster a workplace free from unlawful harassment, it's important to note that this policy does not limit our ability to address any unacceptable conduct, regardless of whether it meets the legal definition of harassment. Agents are expressly prohibited from engaging in conduct that violates this policy and may face removal from their duties or activities with Oakstrand Realty for policy violations.
Definition of Sexual Harassment: Oakstrand Realty is dedicated to fostering a professional and respectful work and business environment that upholds the principles of equality and non-discrimination for all individuals associated with our organization, including independent contractors, employees, customers, and clients. We firmly prohibit any form of harassment against independent contractors, employees, customers, clients, or any other relevant parties based on any legally protected status, including but not limited to sex. Sexual harassment encompasses a spectrum of unwelcome behaviors, including, but not limited to, sexual advances, requests for sexual favors, and any verbal, physical, or non-physical conduct of a sexual nature. Any unwelcome sexually oriented conduct, irrespective of intent, that contributes to a workplace environment perceived as hostile, offensive, intimidating, or humiliating to independent contractors, employees, customers, or clients, constitutes sexual harassment. This also extends to non-sexual comments and behaviors directed at individuals due to their gender or influenced by gender discrimination.
Examples of Prohibited Conduct: Oakstrand Realty is committed to maintaining a workplace free from unlawful harassment directed towards any independent contractor, employee, client, or customer by any individual associated with Oakstrand Realty at any hierarchical level. Oakstrand Realty explicitly prohibits harassment on the basis of any discriminatory factors. This encompasses derogatory remarks pertaining to race, ethnicity, religion, age, sexual orientation, or any other inappropriate conduct.
Every independent contractor is expected to exercise discernment to refrain from actions that may be construed as harassment by others. Forms of prohibited harassment include, but are not limited to:
Scope of Prohibitions: Harassment encompasses a broad spectrum of behaviors ranging from the explicit coercion of sexual relations to unwelcome offensive remarks, jokes, innuendos, and other inappropriate statements, as well as the unwelcome emphasis on an individual's legally protected characteristics. It is impractical to exhaustively catalog all potential circumstances and behaviors that may constitute harassment. However, the descriptions outlined in this policy serve as illustrative examples of conduct that, if unwelcome, may amount to harassment contingent upon the circumstances, including the severity and pervasiveness of the conduct.
This policy unequivocally proscribes all aforementioned activities, applicable to all employees and independent contractors affiliated with Oakstrand Realty, without regard to their hierarchical position within the organization. Furthermore, harassment perpetrated by clients, customers, or other external parties, including independent contractors from third-party entities, whether occurring on company premises or during interactions with Oakstrand Realty personnel or independent contractors, is forbidden.
Consequences for Violating this Policy: Harassment, whether direct or indirect, intentional or unintentional, is strictly prohibited under this policy. Any violations, regardless of intent, will not be tolerated. Should it be determined that any of our independent contractors have engaged in inappropriate conduct, we will take necessary and appropriate actions as deemed fit according to the circumstances. These actions may encompass counseling, termination of affiliation or contract, or other disciplinary measures, as deemed appropriate under the given circumstances.
Retaliation is Prohibited: All independent contractors are hereby informed that retaliation against any individual who has reported harassment under this policy or cooperated in an investigation of harassment is strictly prohibited and will be treated as a violation of this policy. Such retaliation constitutes harassment and will be subject to the appropriate disciplinary action outlined herein. Any instances of retaliation must be promptly reported following the procedures outlined in this policy.
Reporting Procedure for Discrimination and Harassment: In the event of observing any instance of unlawful discrimination or harassment, it is imperative to adhere to the following reporting protocol to promptly notify Oakstrand Realty of the issue. This ensures that a thorough investigation can be conducted and appropriate measures taken. Regardless of the individual responsible, it is essential not to permit any inappropriate situation to persist by failing to report it. All independent contractors of Oakstrand Realty are bound by the brokerage's policies prohibiting harassment or discrimination.
Upon determination of inappropriate conduct, swift action will be taken to address and eliminate such behavior. This may involve disciplinary measures, up to and including termination of affiliation or contract with Oakstrand Realty. Additional corrective or remedial actions will be implemented as deemed necessary.
Encouraging the reporting of complaints facilitates the prompt resolution of issues. Independent contractors engaging in good faith in any investigation under this policy are assured by Oakstrand Realty that there will be no tolerance for retaliation. Full cooperation, honesty, and forthrightness are expected from all parties involved in a complaint investigation.
All independent contractors affiliated with Oakstrand Realty are required to report any felony convictions or legal issues that may impact their standing with the Florida Real Estate Commission (FREC) or the Florida Department of Business and Professional Regulation (DBPR) within 5 business days of receiving notification of such conviction or legal event. Reports must be submitted in writing to the managing broker and should include details of the conviction or issue, such as the date and nature of the event. Failure to comply with this reporting requirement will result in termination of the independent contractor agreement.
Either Oakstrand Realty or its authorized representatives retains the prerogative to terminate the existing contractual relationship by issuing a written notice, with a minimum notice period of 72 hours. Oakstrand Realty maintains the discretion to terminate the agreement immediately in instances of just cause. Upon the decision to conclude the affiliation by either party, the terminating entity is obligated to expeditiously surrender all Oakstrand Realty property, encompassing but not limited to transactional files, records, and pertinent information concerning listings, offers, negotiations, purchase and sales agreements, or any other contractual agreements, in addition to any office-related documentation. It is imperative to schedule a meeting with the Broker for the purpose of facilitating the final separation process, which shall encompass a comprehensive review of ongoing transactions, outstanding credits, incurred expenses, and the reallocation of active clientele.
This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact us
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See "What is a Cookie" below. We may tie this cookie to the personally identifiable information we have about you. [If we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.
We will use your personally identifiable information only as follows:
1. For payment purposes and to provide customer support;
2. To announce special offers or provide other information from time to time via e-mail. We may also send e-mail announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail.
3. To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customize your visit. We will not provide any personally identifiable information about you to any other person other than: A) a law enforcement or regulatory agency at their request; B) a person or company who acquires our business; C) third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally dentifiable information confidential; or As otherwise needed to protect or enforce or rights or the rights of others.
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
A "cookie" is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit.
Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.