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
terminate this agreement and refuse to accept the transfer of the Agent’s license and/or activate the Agent’s
license after reviewing the Agent’s online application. Such termination will be communicated to the Agent in
writing (via email or formal letter) and will be effective immediately upon delivery of the notice, unless otherwise
specified in the notice. This termination may occur in cases including, but not limited to, a past or existing claim
or sanction recorded by the Department of Business and Professional Regulation, or the Florida Real Estate
Commission, or for any reason deemed reasonable by the Broker. In the event of termination, the Agent’s annual
administrative fee will be refunded in full. However, if the termination occurs after the Agent’s Real Estate
license has been transferred, the Agent will not be entitled to any refund from 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 Agent 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 Agent 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 will 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 hereby acknowledges and agrees to follow and respect Fair Housing laws and principles, and
understands that the non-failure to comply is grounds for the Broker to terminate this agreement without any refund
of the annual administrative 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, License Renewal, and Professional Dues: It is the Agent’s full
responsibility to complete any required continuing education and pay for all fees, fines, dues, or expenses related
to maintaining a valid and active status, including but not limited to MLS dues, Association fees, and any other
professional memberships or obligations. Broker has no responsibility or obligation regarding the Agent’s licenses,
fees, renewal status, or professional dues.
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, including 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
the 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, commercial leases, businesses and/or contents of a business, 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 a violation of 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 broker
provided
email account. 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 strictly prohibited from offering or disbursing a commission rebate or credit to any
party in the transaction without the prior written consent of the brokerage. Any proposed commission rebate must be
disclosed to the brokerage in advance and approved in writing. Agents are required to complete the "Buyer Commission
Rebate Agreement," available in the "Contracts & Forms" section of the Oakstrand Realty Online Back Office system,
and ensure it is signed by the broker to be valid. Any unauthorized rebate or disbursement of the commission by the
agent, without the broker's explicit written consent, will constitute a breach of this agreement and result in
immediate termination of the agent's affiliation with the brokerage.
The Agent acknowledges and agrees that they shall not engage in, endorse, facilitate, or obligate the
Brokerage to participate in any real estate transaction where compensation to the Brokerage is not clearly specified
and agreed upon in writing. The Agent further agrees not to involve the Brokerage in any transaction, including
those motivated by personal relationships or interests, without ensuring fair and adequate compensation for the
Brokerage's services. Any violation of this provision, including actions that expose the Brokerage to liability or
compromise its interests, shall be grounds for immediate termination of the Agent's affiliation with the Brokerage.
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.
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 and Hold Harmless:
A. Indemnification: The Agent hereby agrees to indemnify, defend, and hold harmless the Broker, its
officers, directors, employees, affiliates, agents, and representatives (collectively, "Broker Indemnitees") from
and against any and all claims, demands, complaints, arbitrations, legal actions, judgments, liabilities, losses,
damages, costs, and expenses of any kind, including but not limited to reasonable attorneys' fees, court costs, and
any other costs, whether at trial, on appeal, in arbitration, or mediation, arising out of, related to, or resulting
from:
- 1. Misstatements and Misrepresentations: Any false or misleading statements, representations, or
omissions made by the Agent, whether intentional or unintentional, in connection with any real estate
transaction, whether in oral or written form, including those related to the properties, clients, or third
parties involved in a transaction.
- 2. Unauthorized Actions: Any actions taken by the Agent without proper authority or beyond the
scope of their role as outlined in this Agreement, including but not limited to signing documents, entering into
agreements, or binding the Broker in any way without prior written consent.
- 3. Breach of Legal or Regulatory Requirements: Any actions or omissions by the Agent that violate
federal, state, or local laws, rules, or regulations, including violations of real estate licensing laws (such
as Chapter 475, Florida Statutes), Fair Housing laws, or the Code of Ethics for REALTORS®.
- 4. Third-Party Claims: Any claims made by third parties, including clients, other agents, or
vendors, arising from the Agent’s conduct, misstatements, errors, omissions, or failure to perform in accordance
with the terms of this Agreement.
B. Scope of Indemnification: The indemnification obligation shall apply to all claims, demands,
complaints, arbitrations, legal actions, judgments, liabilities, losses, damages, costs, and expenses of any kind,
including but not limited to reasonable attorney’s fees, court costs, and any other legal expenses, whether at
trial, on appeal, in arbitration, or mediation, arising from the Agent’s own actions or omissions, including those
stemming from negligence, fraud, misrepresentation, or other misconduct, even if the claim is made by a third party
against the Broker or the Broker’s employees, agents, or affiliates.
C. Defense of Claims: The Agent agrees to provide the Broker with prompt notice of any claim, demand,
or legal action that could trigger indemnification under this provision. The Broker, at its sole discretion, may
select counsel to represent its interests, but the Agent shall bear all costs and expenses associated with the
defense of any claims subject to indemnification, unless the Broker chooses to assume the defense.
D. Indemnity for Third-Party Settlements: In the event the Broker or any Broker Indemnitee settles any
third-party claim due to the Agent’s actions or omissions, the Agent agrees to indemnify the Broker for the full
amount of the settlement, including attorneys’ fees, legal costs, and any other expenses incurred by the Broker in
relation to the settlement.
E. Mediation: The Agent agrees to indemnify and hold the Broker harmless from any costs, fees, and
expenses associated with any mediation related to disputes arising from the Agent’s actions or omissions. This
includes, but is not limited to, mediation fees, legal fees, and any expenses incurred by the Broker during the
mediation process.
F. Survival: This indemnity obligation shall survive the termination or expiration of this Agreement,
and shall apply to claims arising out of the Agent’s conduct during the term of this Agreement, regardless of when
such claims are filed.
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, the Agent shall forward the offer on the same day to
the buyer's or seller’s attorney for review. Agent shall not offer advice, 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 transaction folder for each new transaction, and keep this
folder updated at all times, to permit Broker to review it at any time. Details will be in the
training section of Agent’s online back office account. 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 Compensation 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: The Broker shall compensate the Agent on a commission basis for
each referred transaction successfully closed. Compensation shall not be based on hourly work 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 required transaction
documents, transaction funds, and all outstanding dues, charges, or fees owed to Oakstrand Realty by the Agent have
been settled. The Agent is responsible for arranging the disbursement of their commission directly from the Closing
Agent at the time of closing. To facilitate this, the Agent must upload all transaction documentation to the
transaction folder before closing and promptly request a disbursement authorization letter from the Broker. However,
direct payment to the Agent at closing will not be authorized by the Broker if the Agent is part of a team sharing
the commission among team members, if any portion of the commission is allocated as a referral payment to a third
party, or if the transaction involves the purchase of new construction directly from a builder. In these cases, the
full commission will be paid to the Broker, who will subsequently distribute payments to all applicable parties
after receiving the commission. If the Closing Agent does not authorize direct payment to the Agent or if the
transaction falls under the above exclusions, the Broker will ensure the Agent receives their commission within ten
(10) business days after the brokerage's commission payment has been received and cleared by the bank. "Cleared"
means
the funds are available to the Broker, including any potential 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. The Agent agrees that all payments shall be issued only in the name of
the Agent or the business entity registered and affiliated with the Agent's license as recorded with the Florida
DBPR. The Agent further agrees to maintain a current W-9 form on file with the Broker, ensuring that tax information
and address details remain accurate and up to date.
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 the Broker discovers that the Agent has purchased a property or has an interest in the purchase of
a property, and any portion or the entirety of the advertised commission amount has been applied towards the
purchase price without the Broker’s prior written approval, the Broker reserves the right to take the following
actions: (1) report the violation to the Florida Department of Business and Professional Regulation (DBPR); (2)
pursue legal action to recover the full commission amount, along with all associated costs, including but not
limited to legal fees, attorney’s fees, and any other damages incurred.
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:
- 1. Deal normally and get paid Agent's net earnings at closing by Broker.
- 2. Ask Broker for a letter to authorize the closing agent to apply Agent’s net earnings towards
purchase/closing cost.
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.
If the Agent is selling a property in which they have a personal interest, the Agent shall fully and
accurately complete the Florida Realtors Seller Property Disclosure Form. This form must be signed by the seller and
acknowledged in writing by the buyer prior to closing. The disclosure shall include a comprehensive explanation of
the Agent’s relationship to the seller, ensuring full transparency. Additionally, the Agent must disclose, in
writing, all known material facts that could affect the property’s value. These disclosures shall encompass, but are
not limited to, conditions not readily observable by the buyer, as well as any known or potential projects, special
assessments, or other factors that may impact the property in compliance with all disclosure requirements under
Florida law. In the event of any changes to the material facts or
conditions of the property after the initial disclosure, the Agent is obligated to provide the buyer with an updated
Seller Property Disclosure Update form, signed by the seller, prior to closing. These measures are required to
ensure the buyer is fully informed and that the Agent remains in compliance with all legal and ethical obligations.
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 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
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 must be made via certified check. 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 initiate or pursue any legal action against a third party to collect unpaid dues or
commission owed to the Agent, at the Broker’s sole discretion. In the event that the Broker elects, at their sole
discretion, to pursue legal action, all legal fees and expenses incurred in such efforts shall be deducted from any
commission payable to the Agent. If the Broker decides, at their sole discretion, not to take legal action against a
third party, the Agent waives any right to bring a lawsuit or claim for damages, compensation, or any other remedy
against the Broker in relation to the unpaid commission.
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, the Agent shall be
responsible for paying the deductible amount as specified in the provided insurance policy. The Agent shall
immediately notify the Broker of any circumstances likely to give rise to a claim or complaint against the Agent
and/or the Broker. The Agent is solely responsible for requesting and reviewing the most recent E&O insurance
policy, including its exclusions, limitations, and deductibles. The Agent acknowledges that the Broker’s E&O
insurance does not guarantee coverage for all claims. Coverage is subject to policy limits, terms, and exclusions as
determined by the insurance provider. Claims or disputes that fall outside the scope of the E&O insurance
policy—including those arising from the Agent's gross negligence, intentional misconduct, personal interest in
transactions, or other excluded activities—will not be covered. The Agent agrees that their failure to request and
review the most recent policy terms will not limit their liability for claims excluded by the policy. In the event
of a claim, lawsuit, license complaint, mediation, or arbitration demand that is not fully covered by insurance, the
Broker may withhold from the Agent’s payable commissions an amount adequate to satisfy any uncovered amounts. These
funds shall be placed in the Broker's Claims and Disputes Retention Account pending settlement or other resolution
of the matter. The Broker may, at their sole discretion, apply such sums as necessary to settle or satisfy any such
claim or award, and the Agent agrees to cooperate fully in this regard. If a claim is not covered or exceeds policy
limits, the Agent agrees to indemnify, defend, and hold harmless the Broker from any resulting liabilities, legal
fees, or expenses. The Agent understands that, from time to time, the Broker may deem it necessary to obtain legal
consultation concerning one of the Agent's transactions. The Agent agrees to reimburse and indemnify the Broker for
any attorney's fees reasonably incurred by the Broker in obtaining legal advice concerning such transactions.
The Agent may obtain additional insurance coverage, including individual Errors and Omissions (E&O)
Insurance and/or an umbrella insurance policy, to provide supplemental protection. The Agent agrees to indemnify,
defend, and hold the Broker harmless from and against any and all claims, liabilities, damages, or expenses,
including attorney’s fees, arising from or related to the Agent’s gross negligence, ordinary negligence
(unintentional), violation of any law, regulation, or professional standard of conduct, or any act or omission that
falls outside the scope of E&O insurance coverage. This obligation to indemnify extends to liabilities occurring
from the date of the incident or omission giving rise to the claim.
E&O insurance coverage does not apply to any transactions closed without a Commission Disbursement
Authorization (CDA) approved by the managing broker prior to closing.
20. Annual Fee: The Agent shall pay a recurring administrative fee of $75.00 annually
to maintain an active affiliation with the Broker. This fee is intended solely for keeping the Agent’s license
active
with the Broker under the requirements of Chapter 475, Florida Statutes. Once the Agent’s license has been
activated, transferred, or renewed with the Broker, the administrative fee is non-refundable under any
circumstances. The annual administrative fee will be due on the anniversary of the Agent’s license affiliation with
Broker. The Broker will provide a grace period of 5 business days after the due date for payment of the annual fee.
If the fee remains unpaid after the grace period, this Agreement will automatically terminate, and the Agent's
license will be marked as inactive. In the event that the Broker changes the amount of the administrative fee, the
Broker will provide the Agent with at least 30 days' notice prior to the new fee being applied. If the Agent does
not accept the new fee, they may terminate this Agreement within 30 days without penalty. If the Agent fails to pay
the annual fee or any other required fees under this Agreement, the Broker may withhold commissions owed to the
Agent, including transaction fees or other payments due, until the Agent brings all outstanding fees up to date. The
Agent is solely responsible for ensuring the timely payment of the administrative fee. The Broker is under no
obligation to inform the Agent of upcoming due dates or payment status.
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:
- Sales
Transactions: A transaction fee of 0.2% (0.002 times the final sales price) of the final sales
price is to be paid to the Broker upon the recording of the deed following the sale of real estate, resulting
from the Agent's efforts.
- Referrals to
Oakstrand Agents No transaction fee ($0) shall be charged for referrals made to an agent actively
licensed with Oakstrand Realty.
- Referrals to
Other Brokerages: A transaction fee of $250 shall be paid to the Broker when a referral agreement
is made with another brokerage for a client seeking to complete a transaction.
- Residential
Lease
Transactions: A transaction fee of $100 shall be paid to the Broker upon the completion of a lease,
provided the lease results in the payment of a commission to the Broker due to the Agent's efforts.
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. Representations:
(a). The Agent affirms that they are a licensed real estate agent in Florida and have the legal
authority to act as such under the laws of the state.
(b). The Agent states that they have not been a defendant in any lawsuit alleging professional
misconduct or violations of deceptive trade practices or consumer protection laws within the past five (5) years.
Additionally, the Agent is not currently under investigation by any real estate commission or similar regulatory
body, nor has the Agent been found in violation of any such entity.
(c). The Agent affirms that they are not bound by any non-compete agreement, promise, or commitment
with another real estate broker, agency, firm, individual, or entity that would prevent them from working with
Oakstrand Realty.
(d). As an independent contractor, the Agent understands that their income as a real estate agent is
entirely dependent on their own efforts. The Agent acknowledges that neither the Broker nor Oakstrand Realty has
made any promises or guarantees regarding their income potential.
24. 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.
25. Limited Trademark License: During the term of this Agreement, Broker grants
Agent a limited, revocable license to use the Oakstrand service mark on marketing materials, yard signs,
business cards, letterhead, websites, social media accounts, and other business-related forms or platforms. Agent
must obtain prior written approval from Broker and Oakstrand for all uses of the service mark. Upon
termination of this Agreement, Agent is strictly prohibited from using the Oakstrand service mark in any
form. This includes, but is not limited to, removing the service mark from websites, social media accounts, and any
digital or printed materials. Agent must immediately destroy or permanently delete all marketing materials, business
cards, letterhead, digital content, and other items that affiliate Agent with Oakstrand.
26. Confidentiality and Protection of Information: 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 materials, supporting documentation, and the Broker’s office policy manual. Additionally, the Broker’s
internet practices, marketing practices, and the functionality of the Broker’s website and other brokerage platforms
are considered confidential. The Agent agrees to maintain the confidentiality of all such information during the
term of this Agreement and after its termination. The Agent agrees not to use or disclose any confidential
information to any third party without prior written consent from the Broker, except as necessary to perform their
duties under this Agreement and as required by law. Any unauthorized disclosure or use of confidential information
by the Agent shall result in immediate termination of this Agreement, without notice or opportunity to cure the
breach. If the breach of confidentiality results in a direct or indirect loss of a client, business opportunity, or
transaction, the Agent shall be responsible for compensating the Broker for all losses. This may include, but is not
limited to, lost commissions, legal fees, and damages related to the loss of business or client trust. The Agent
agrees to indemnify, defend, and hold the Broker harmless from any claims, lawsuits, or third-party demands arising
from the Agent’s breach of confidentiality. This includes any costs, damages, or legal fees associated with
defending or settling such claims. In addition to the penalties mentioned above, the Broker may seek injunctive
relief or other equitable remedies to prevent further unauthorized disclosures or use of confidential information.
The Agent acknowledges that a breach of confidentiality could cause immediate and irreparable harm to the Broker,
which cannot be fully compensated by monetary damages alone. Upon termination of this Agreement or upon the Broker’s
request, the Agent agrees to immediately return or destroy all confidential information in their possession,
including physical and electronic documents, files, and records. The Agent shall certify in writing to the Broker
that all such information has been returned or destroyed. The Agent’s obligations under this confidentiality clause
shall survive the termination or expiration of this Agreement, and shall remain in effect indefinitely, unless the
Broker provides written consent to release such obligations.
27. Dispute Mediation This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Florida. Any disputes between an Agent and another Agent within the
Broker's firm will be resolved at the sole discretion of the Broker, provided that such resolution is fair and in
good faith. The Agent agrees to indemnify, defend, and hold harmless the Broker from any and all claims, actions,
lawsuits, demands, losses, judgments, liabilities, expenses, or costs, including but not limited to reasonable
attorneys’ fees, court costs, and any other expenses, that arise from or relate to external legal actions involving
the dispute, where the Broker is named as a defendant due to the dispute. This indemnification includes any claims,
costs, or expenses related to mediation, arbitration, or litigation arising out of the dispute, except to the extent
such claims arise from the Broker’s own negligence, misconduct, or bad faith actions. If a dispute arises between
the Broker and an Agent, the parties agree to first attempt to resolve the dispute through mediation. The mediation
shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mediator
mutually agreed upon by the parties. Each party shall equally share the costs of mediation, including mediator fees
and administrative expenses. However, each party shall bear their own attorney’s fees and other related expenses. If
mediation does not resolve the dispute, the parties agree to resolve
any remaining issues through binding arbitration. The arbitration shall be conducted by a neutral arbitrator in
accordance with the rules of the AAA or another mutually agreed-upon arbitration provider. The parties will each
bear their own attorneys' fees and expenses at all stages of arbitration, including any administrative costs, but
will equally share the arbitrator's fees and costs associated with the arbitration process. In the event that
litigation is necessary, despite the mediation and arbitration provisions, the prevailing party in the litigation
shall be entitled to recover all reasonable attorneys' fees, costs, and expenses incurred during the legal
proceedings, including any appeals. This entitlement applies only if the dispute has proceeded to litigation after
unsuccessful mediation or arbitration. All negotiations, mediation, and arbitration proceedings under this clause
shall be confidential, and neither party may disclose information related to these proceedings without prior written
consent, except as required by law or court order.
28. Termination: This Agreement shall remain in effect for as long as the Agent holds
an active real estate license with the Broker, as recognized by the Florida Department of Business and Professional
Regulation (DBPR), and is renewed annually on the anniversary date of the Agent's affiliation with the Broker,
contingent upon the Broker's receipt of the annual administrative fee. The Broker grants a 5-day grace period after
the due date for payment of the administrative fee. If the administrative fee is not received by the end of the
grace period, this Agreement shall automatically terminate, with no further action required by either party. This
Agreement will automatically terminate if the Agent’s license status changes, the annual administrative fee is
unpaid, or the Broker ceases to have a Broker of Record or discontinues operations. Either party may
terminate this Agreement at any time, with or without cause, by providing written notice to the other party.
A violation by the Agent of any of their obligations under this Agreement shall constitute grounds for
immediate termination by the Broker, without notice or opportunity to cure. In the event of wrongful conduct by the
Agent, including, but not limited to, violations of ethical standards, fiduciary duties, or applicable laws
governing real estate in Florida, the Broker may terminate this Agreement immediately, without notice or further
obligations.
The failure of either party to maintain an active license in compliance with Chapter 475, Florida
Statutes, shall result in the automatic termination of this Agreement, without notice or further action required.
The Broker reserves the right, in its sole discretion, to refuse to renew this Agreement at the end of each annual
term, with or without cause, and to terminate this Agreement at any time prior to renewal.
If the Agent's license becomes involuntarily inactive or is rendered null and void by the DBPR for any
reason, this Agreement shall automatically terminate. If Agent's license is reinstated by the DBPR, the Agent shall
be required to submit a new application to the Broker, which the Broker may accept or reject in its sole discretion.
If the Broker accepts the Agent's re-application, the Agent shall remit the applicable administrative fee for the
new term in order to re-engage under any future Agreement.
Upon termination of this Agreement, the Broker shall have no obligation to reimburse or refund any
fees previously paid by the Agent, and no further compensation shall be owed by the Broker to the Agent. The Agent
agrees not to use, for their own benefit or the benefit of any third party, any confidential information obtained
during the term of this Agreement, including, but not limited to, information regarding properties for sale, lease,
or rental, or any client or customer information belonging to the Broker.
Upon termination of this Agreement, the Agent shall promptly return all property belonging to the
Broker, including, but not limited to, documents, materials, and electronic information, and shall not make copies
or retain any such property in any form. The Agent agrees to certify in writing that all such property has been
returned and that no copies have been retained, destroyed, or otherwise disposed of.
29. Use of Brokerage-Provided Tools and Systems: The Agent acknowledges and agrees
that any tools, software, systems, or platforms provided by the Broker, including but not limited to CRM systems,
MLS access, email accounts, marketing software, and other proprietary tools (collectively, "Brokerage Tools"), are
for the exclusive use of the Agent in connection with performing duties related to their real estate activities
under this Agreement. The Agent agrees to use the Brokerage Tools solely for the purpose of conducting real estate
transactions and related activities in accordance with the Broker's policies and applicable laws. The Agent agrees
not to share, lend, or allow any unauthorized third parties access to the Brokerage Tools or any systems that
require authentication, including but not limited to usernames, passwords, and access codes. The Agent is solely
responsible for maintaining the confidentiality of all login credentials and for any actions taken through their
account. The Agent is prohibited from sharing their login credentials for any system, including CRM, MLS, and email
systems, with anyone, including other agents, assistants, or third parties. The Agent is prohibited from using
Brokerage Tools for any personal, non-business-related purposes, or to access data unrelated to their real estate
transactions. The Agent shall not engage in any practice that attempts to extract, download, or copy data from the
Broker’s systems without prior written consent. The Broker reserves the right to monitor the usage of all Brokerage
Tools and systems, including tracking login activity, reviewing system access logs, and auditing the use of
information stored within these tools. The Agent acknowledges and agrees that such monitoring is a necessary part of
maintaining the integrity and security of the Broker’s systems and protecting client data. A breach of this section
may lead to immediate termination of this Agreement, without notice, and without any liability to the Broker. Upon
termination of this Agreement, or upon the Broker’s request, the Agent shall immediately return or securely destroy
all data, records, and access credentials related to the Brokerage Tools. This includes, but is not limited to, any
copies of client information, marketing materials, transaction records, and login credentials. The Agent shall
confirm, in writing, that all such data and access have been returned or destroyed. The Agent agrees to indemnify,
defend, and hold harmless the Broker and its affiliates from any claims, damages, losses, or legal expenses arising
from the Agent’s misuse or unauthorized use of the Brokerage Tools, including any data breaches, fraud, or
violations of confidentiality related to the misuse. The Agent’s obligations under this section regarding the use of
Brokerage Tools shall survive the termination or expiration of this Agreement and remain in effect indefinitely to
protect the Broker’s interests.
30. Use of Copyrighted Materials: The Agent acknowledges and agrees to comply with
all copyright laws and intellectual property regulations. The Agent is strictly prohibited from using, reproducing,
distributing, or displaying any copyrighted material—including but not limited to photographs, videos, articles, and
other media—without obtaining proper licenses, permissions, or authorizations from the copyright holder. This
prohibition applies to materials used in any context related to the Agent's professional activities, including but
not limited to marketing, advertising, and content shared on websites or social media platforms. The Agent further
agrees to indemnify, defend, and hold harmless the Broker from any claims, damages, liabilities, or expenses,
including attorney’s fees, arising from the Agent's unauthorized use of copyrighted materials. Any violation of this
provision shall be considered a material breach of this Agreement and may result in immediate termination of the
Agent's affiliation with the Broker without refund of any fees or commissions. The Agent understands that it is
their sole responsibility to verify the licensing and permissions for any materials they use in connection with
their professional activities. In cases of uncertainty, the Agent must consult the Broker or obtain independent
legal advice prior to using such materials.
31. Protection of Agent’s Listings and Contracts: If the Agent ends their
relationship with the Broker for any reason, the Broker will assist in terminating any active listings, as long as
the client chooses to continue working with the Agent at their new brokerage. In this case, the current listing
agreement with Oakstrand Realty must be terminated through a "Modification to Listing Agreement," allowing the
client to enter into a new listing agreement with the Agent's new brokerage. This termination will be without
penalty, provided that any outstanding fees owed to Oakstrand Realty are paid. For pending sales, the Broker will
collaborate with the Agent’s new brokerage to transfer the transaction, provided the new brokerage agrees to a
referral agreement that includes a referral fee equal to the transaction fee owed to Oakstrand Realty. The new
brokerage must also provide an assignment agreement, signed by the client, stating that they will take on
responsibility for the listing and any associated risks and liabilities. If no referral and assignment agreement is
made, Oakstrand Realty may assign the pending sale to another agent, at the Broker's discretion, to complete the
transaction. In such cases, the commission will be split 50/50 after deducting the transaction fee. The Agent agrees
to meet with the Broker before transferring their license. This meeting will finalize the separation process, review
ongoing transactions, outstanding credits and expenses, and address the reallocation of active clients.
32. 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.
33. Broker's Marketing Authorization: The Agent hereby grants the Broker permission
to use the Agent’s name, photograph, and/or closing information for promotional, email, and marketing purposes. This
permission remains in effect unless the Broker receives a written request from the Agent to opt-out, in which case
the Broker will discontinue use of such information within a reasonable time frame.
34. Miscellaneous Provisions:
(a). Severability: In the event that any term or condition contained herein is held to be invalid or
unenforceable, all remaining terms and conditions shall remain unaffected and shall continue to inure to the benefit
of and to be binding upon the parties hereto.
(b). Forbearance-No Waiver: Forbearance or neglect on the part of either party to insist upon strict
compliance with the terms of this Agreement shall not be construed as or constitute a waiver thereof.
(c). Choice of Law: It is the intention of the parties hereto that this Agreement and the performances
hereunder and all suits and special proceedings hereunder be construed in accordance with and pursuant to the laws
of the State of Florida. The parties agree that any suit, action or proceeding for the enforcement of this Agreement
shall be brought in the State or Federal Courts in the State of Florida, County of Pinellas and the parties consent
to the jurisdiction, forum and venue of such courts.
35. 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.
36. Changes to this Agreement: Broker may make changes to this Agreement
periodically. If any changes are made, Broker will notify Agent at least thirty (30) calendar days in advance,
either through an announcement in the online back office or by email to the Agent's registered email address. It is
the Agent's responsibility to regularly check for such notifications. The Agent’s continued registration and license
affiliation with the Broker at the Florida DBPR after the effective date of any changes will be considered as the
Agent's acceptance of those 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.
Office Policies and Procedures Manual
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.
Office Policy & Manual Guidelines
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.
- Mandatory Review of Policies: You are required to read the Office Policies and
Procedures Manual thoroughly. Oakstrand Realty reserves the right to modify these policies at its
sole
discretion at any time.
- Documentation of Changes: You are responsible for recording any additions or
revisions
to the Manual as they are communicated.
- Supersession Clause: This Manual supersedes and replaces all previous manuals and
personnel policies of Oakstrand Realty.
- Independent Contractor Status: You are classified as an independent contractor
under a
written contract, not as an employee of Oakstrand Realty.
- Termination of Association: Your association with Oakstrand Realty may be
terminated at
any time, for any lawful reason, with written notice from the Broker.
- Non-Contractual Nature: This Manual does not constitute an express or implied
contract
for any rights or benefits and is intended solely as a set of guidelines.
- Consultation Requirement: You are responsible for consulting with the Broker
regarding
any questions you may have about Oakstrand Realty's policies.
- Confidential Information: During your association with Oakstrand Realty, you may
have
access to confidential information. This information must not be disclosed or used outside of
Oakstrand
Realty, except as required by law or in compliance with governing ethical rules.
Agency
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.
Fair Housing
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:
- Refusal to show, sell, or rent to individuals based on membership in a protected class.
- Providing different treatment to individuals based on their membership in a protected class.
- Steering or directing potential homebuyers towards specific areas based on assumptions about their
preferred living locations.
- Engaging in discriminatory advertising that indicates a preference for buyers of a particular
protected
category.
- Harassment, which encompasses coercion, intimidation, threats, or interference with an individual's
fair
housing rights, or retaliating against a party for exercising their fair housing rights.
- Imposing more stringent criteria on applicants who belong to protected classes.
- Blockbusting, defined as the illegal and discriminatory practice of inducing a property owner to
list
their property by suggesting that the neighborhood may undergo demographic changes due to factors
such
as race, color, sex, religion, sexual orientation, marital status, national origin, genetic
information,
disability, or any other protected category.
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.
Legal Compliance
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.
Buyer Representation Protocol
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.
Two forms are available in the "Contracts & Forms" section of the online back office to satisfy
this requirement:
- Showing Agreement
- Exclusive Buyer Broker Agreement
One of these forms MUST be completed before showing any
properties or beginning any
working relationship when representing a buyer.
Tenant Representation Protocol
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.
Showing Protocol
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.
Conducting An Open House
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.
Expenses
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.
RESPA Compliance
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.
Antitrust Compliance
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:
- Commission rates should be determined based on the cost and value of services provided, as well as
competitive market conditions. Rates must not be influenced by external parties not involved in the
listing agreement.
- Sales associates affiliated with Oakstrand Realty must refrain from price fixing commission rates
with
individuals from other real estate firms.
- During listing solicitation or negotiation, salespersons must avoid implying uniform or standard
commission rates in the market.
- The commission split offered to cooperating brokers by Oakstrand Realty should be based on the level
of
service expected and prevailing market conditions. These splits are set unilaterally and should not
be
used to influence other firms' commission structures.
- When faced with uncertainties regarding client concerns, salespersons should promptly consult the
Broker
for guidance.
By adhering to these principles, Oakstrand Realty ensures compliance with antitrust laws
and maintains
ethical business practices.
Lead Paint Disclosure Obligation
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.
Property Disclosure Policy
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.
Telephone, Fax, and Electronic Mail Solicitation
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:
- The prospective client has initiated contact with the Brokerage within the last three months, and
the real estate agent
is returning the call.
- The independent contractor or another individual within the Brokerage has entered into a signed
representation agreement with
the prospective client within the last eighteen (18) months.
- The prospective client's telephone number is displayed on a For Sale By Owner (FSBO) sign without an
explicit exclusion of real estate agent contact.
- The real estate agent is contacting based on information obtained from a referral source with prior
permission.
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.
Advertising
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.
Social Media and Blog Policy
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:
- Confidential information pertaining to Oakstrand Realty, its independent contractors, employees, or
clients must never be disclosed.
- Postings must not contravene any laws or Oakstrand Realty policies, including those concerning
harassment or confidentiality.
- Compliance with advertising statutes and regulations governing real estate licensees' advertising is
obligatory. This entails including all requisite information in postings, mirroring traditional
advertising practices.
- Postings should be respectful towards Oakstrand Realty, its independent contractors, employees,
clients,
and competitors.
- Non-real estate transactions require independent contractors to ensure that their expressed views,
opinions, ideas, or
information are solely their own and not attributed to Oakstrand Realty in any manner.
- Agents are obligated to report policy violations to the Broker. All independent contractors share
the responsibility of upholding compliance with this policy. Breach of any provision may
result in disciplinary measures, including termination, irrespective of when or where the conduct
occurred.
Escrow Account Policy
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.
Forms Usage Policy
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.
Personal Assistants
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.
Confidentiality Policy
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:
- Non-public client details encompassing motivations and financial records.
- Our marketing strategies and plans.
- Financial particulars such as costs, funding, and pricing methodologies.
- Internal strategies, initiatives, processes, and methods.
- Information about our personnel, comprising personnel files and evaluations.
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:
- Limit discussions of Confidential Information to authorized personnel.
- Refrain from disclosing Confidential Information to unauthorized Oakstrand Realty personnel.
- Avoid discussing sensitive matters in public areas where conversations may be overheard.
- Exercise discretion in discussions, even within personal or office environments.
Physical Safeguarding of Confidential Information: Independent
contractors must ensure physical protection of Confidential Information by:
- Storing sensitive documents securely, away from public access.
- Restricting removal of files from secure locations to those necessary for ongoing tasks.
- Exercising caution while traveling with Confidential Information, employing secure storage and
preventing unauthorized access.
Protection of Electronic Confidential Information: Independent
contractors must safeguard electronic Confidential Information by:
- Exercising care in sending and receiving sensitive data electronically.
- Storing Confidential Information on secure network drives, avoiding local storage on personal
devices.
- Employing password protection and encryption for highly sensitive electronic data.
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.
Conflicts of Interest
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.
Dress Code
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.
Vacations and Absences
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.
Safe Driving
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.
Alcohol and Drugs Policy
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.
Safety
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.
Smoking Policy
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.
Use of Brokerage-Owned Property
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:
- Creating, displaying, viewing, or sending sexually explicit images or documents on any Brokerage
system,
which constitutes a violation of our policy on sexual harassment. Additionally, storing,
distributing,
editing, or recording sexually explicit material using the Brokerage's
resources are strictly prohibited.
- Utilizing Oakstrand Realty's email, or any other IT resources for personal
gain, political, religious, or charitable campaigning, soliciting for non-Oakstrand Realty outside
organizations or commercial ventures, or selling Internet or other carrier access time, unless
expressly
authorized by the Broker.
- Creating and/or forwarding disruptive or potentially offensive messages and/or pictures that may
cause
offense to any person or group, including those protected by Oakstrand Realty's harassment policy.
- Utilizing Oakstrand Realty's email, esignature system or any other IT resources for personal use.
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:
- All sensitive information stored on disks, drives, and other devices must be secured in locked
drawers
whenever feasible.
- Computers should be powered off when not in use for an extended period or when an independent
contractor
is away from their office.
Violation of these security measures may result in disciplinary action.
Copyright Infringement Policy
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.
Conflict Resolution and Reporting Requirements
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:
- Any observed instances of discrimination or violations of federal or state fair housing laws.
- Receipt of verbal or written complaints from any party involved in a transaction in which you are
participating.
- Receipt of a Subpoena or legal process pertaining to your activities as an independent contractor.
- Any automobile accidents or personal injuries witnessed or experienced while acting in your
professional
capacity.
- Any communications from state authorities regarding your professional conduct.
- Failure of an escrow check to clear.
- Disputes with other real estate agents, regardless of their affiliation with Oakstrand Realty or
another brokerage.
- Instances of harassment witnessed or experienced, whether within or outside the office in the course
of
your professional duties.
- Any behavior that creates a hostile, intimidating, or offensive work environment.
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.
Compliance
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.
Clear Cooperation Policy
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.
Waiver of MLS Entry by Owners
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.
MLS Listing Approval Required
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.
Property Management
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.
Marketing Representation as an Agent
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.
Rebates or Credits from Oakstrand Realty Commissions
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.
Harassment Policy
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:
- Verbal Harassment: This encompasses sexual innuendos, epithets based on legally
protected categories, derogatory slurs, off-color jokes, unwelcome sexual advances, threats,
suggestive
or insulting sounds, sexual jokes, written or oral references to sexual conduct, gossip or
discussion
about one's sex life, comments about an individual's body, or comments about an individual's
activities.
- Visual/Non-Verbal Harassment: This includes derogatory or sexually suggestive
posters,
cartoons, or drawings; suggestive objects or pictures; email messages with sexual references or
references to protected categories; viewing inappropriate internet sites; graphic commentaries;
leering;
or obscene gestures.
- Physical Harassment: This involves unwanted physical contact, including touching or
brushing up against someone; interference with an individual's normal work movement; or assault.
- Retaliatory Harassment: This involves making or threatening reprisals as a result
of a
negative response to harassment.
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.
- Any concerns must be promptly reported to the broker.
- Reported incidents will be investigated promptly, ensuring fairness and discretion.
- All complaints will be treated as confidential, with disclosure restricted to individuals involved
in
the investigation and necessary for corrective action.
- The investigation will include private interviews with the complainant, witnesses, and the accused,
with
results communicated appropriately.
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.
Mandatory Reporting of Felony Convictions and Legal Issues
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.
Termination of Affiliation
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.