You have signed an Independent Contractor Agreement with the Company and are associated with SandPeak Realty as an independent contractor. You do not have an employee-employer relationship with this company. You are considered to be an Independent Contractor for tax purposes and will receive a 1099 at the end of each calendar year. The company WILL NOT withhold taxes or Social Security from your compensation. Payment of taxes and Social Security contributions are your responsibility. You are also considered an Independent Contractor for purposes of Unemployment Insurance. You are not subject to minimum wage laws. The Company will not provide any type of Workers compensation insurance for any Independent Contractor of the company.

 At-Will Status: You are associated with SandPeak Realty for an unspecified time on an at-will basis. Except where it is expressly agreed in writing with the company, either party may terminate this association at any time with or without cause and with no notice or reason.

It is the policy of SandPeak Realty to provide equal employment opportunities without regard to race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service, to all qualified

employees and applicants for employment. This policy applies to all areas of employment, job assignment, training, promotion, transfer, compensation, discipline and discharge. The company abides by all federal, state and local laws regarding employment practices, including, but not limited to the Americans with Disabilities Act.

You are required to maintain a valid Florida real estate broker or salesperson license in good standing while associated with this company. If your license expires or becomes inactive, whether voluntarily or involuntarily, you may NOT engage in any activities on behalf of the company for which a real estate license is required. The managing Broker may designate another company salesperson to handle these activities, including your prospects, listings, and transactions during any time that your license is inactive, including lapses in renewal, and allocate such reasonable compensation to that salesperson for work performed. No compensation to the agent with the inactive license with be paid for any transaction.

The company’s Broker is charged by Florida law to review, supervise, and manage the activity of all salespersons. The Broker may rely on management and staff support to perform this function. You are expected to cooperate with Broker’s staff support to perform this function. You are expected to cooperate with Broker’s staff support in handling of files, documents, and procedures in accordance with this Policy Manual and Florida Law. It is your responsibility to keep current on changes in industry practices and to take advantage of available education and training programs to maintain your licensure, professionalism, and your ability to property represent your clients. It is also your responsibility to obtain all continuing education courses and to renew your license in a timely manner.

SandPeak Realty is a member of the West Pasco Board of Realtors®, the Hernando County Association of Realtors®, and the Realtors® Association of Citrus County. It is a mandatory requirement to join one of these boards to gain Multiple Listing Service (MLS) access. If you are member of a different board, then you will need to transfer your membership. Please contact the new board of your choice for more information. You will be required to attend a mandatory orientation course if you are joining one of these boards as a new member. Please notify the broker when this course is scheduled for you, and when you have completed the course. Every three years you are required to attend an Ethics session. These are provided by your local board and are requirements for inclusion. Please ensure attendance.

MLS and Realty Board FINES, FEES, and DUES: As an agent, you must maintain a good standing with your chosen board. The agent is responsible for all MLS and Board dues. Broker has granted all agents the ability to add, edit, and modify any property information that is input into the MLS system. Agent understands that they are responsible for any fines or penalties assessed to the agent. Agent also agrees to reimburse the broker for any fine charged to the Brokerage by any MLS for infractions of board and MLS rules by the agent. This fine must be paid by cash or check within 5 calendar days of notification, or agents’ MLS and transaction access will be denied.

Partnerships and teams are strongly encouraged at SandPeak Realty. All teams, before their services are advertised to the general public, MUST be approved by the managing broker. Commissions will still be paid to each team member based upon their current commission fee structure.

Referrals are paid as normal commission unless otherwise agreed. All commissions will be paid after any referring fees are paid to outside referral sources.

Referrals are a great opportunity for our company to expand its reach. Referrals coming INTO SandPeak Realty will be treated as a “company lead” and their fee structure will be as described. If you choose to refer business out to another company, then you must first obtain approval from the managing broker to ensure compliance. You are always free to refer leads out, but please, check with us first! All commissions earned as referral fees must be made payable to SandPeak Realty and not to the agent directly. You will be subject to your current commission structure for payout.

A company lead is one that is given to you by a member of the SandPeak Realty support, training, or managing staff. These leads come from a variety of sources, including advertising, signage, website, craigslist, marketplace, social media, referrals, open houses, etc. These leads will be sent to you via email, though at times, you may simply get a text or phone call regarding a lead. It is imperative that you make contact with that lead as quickly as possible. All lead notes need to be input into the Lead Management system a minimum of 2 times per week.

For all company leads, commission earned will pay a 25% referral fee to the company, over and above your standard commission rate due brokerage at the close of escrow. NOTE: For owner occupant buyers, the lead will be considered a “company lead” for the duration of a single transaction. For Sellers, the lead will be considered a “company lead” for the listing of their current home AND if they purchase a new home to live in within 12 months of closing AND the listing agent represents them. If agent leaves company prior to this point, then commission shall be forfeited, and agent agrees they have no claim to any commission earned or due on these lead referrals and transactions. Further, any ACTIVE listings from these leads will remain the property of SandPeak Realty, Inc. and agent shall have no right to the listing, any leads from the listing, or any commission earned from said listings.

For investors, the lead will be considered a “company lead” for the first three purchases. After that, they are all yours!

SandPeak Realty charges its Buyer(s) and Seller(s) a $395 administrative compliance fee (aka “Transaction Fee”) at closing. This fee is to help recover the costs to the company for generating and storing documents in cloud servers, paperless technology, our marketing expenses, and other technology costs we incur to support our buyers and sellers in today’s electronic marketplace. This amount is separate from any other fees or commissions owed. If a purchase contract is cancelled for any reason after execution by a buyer or seller represented by SandPeak Realty, EXCEPT for cancellation due to a contract term or contingency, then this fee will be due brokerage without exception.

The ONLY exception to this fee is for those transactions involving:

• REO Properties where SandPeak Realty is the listing agent
• REO or SHORT SALE properties where SandPeak Realty is the buyers’ agent and the bank, lender, or seller does not allow the fee (must prove in writing)
• For any NEW-CONSTRUCTION contract where you represent the buyer
• For VA BUYERS as the VA will not allow the fee on the ALTA statement
• With prior consent and approval, per transaction, from the broker

Listing commissions are one of the most concerning issues for agents when they market to sellers. SandPeak Realty DOES NOT have a set commission fee. Our value lies within our education, technology, and marketing skills. Sometimes, however, the seller only cares about “the Bottom Line.”

Our policy is simple. Take the listing at whatever commission rate you feel will secure the listing. It is suggested you start at a higher rate and negotiate down. Prove your value to the client. Share numbers and statistics with the sellers about time on market, average sales prices, etc. BEFORE you reduce your commission rate, if you can. Otherwise, take it. YOU DO NOT HAVE TO GET PERMISSION. If you can, offer other “money-saving” ideas such as paying for a home warranty, survey, or appraisal for the seller. You have lots of tools, use them.

It is your responsibility to ensure that all required and necessary paperwork, including disclosures and brokerage relationship notices, are completed at the time of listing, and BEFORE the property may be placed in the MLS. These include a listing agreement, seller’s disclosures, HOA and Condo documents and disclosures, the SandPeak Addendum to Listing, and any other documentation required to ensure the listing is in compliance. YOU MAY NOT place a property in the MLS and make it ACTIVE STATUS until all of your listing documents have been uploaded into the BrokerMint Transaction Management system.

At the listing appointment, it is your responsibility to explain the listing agreement in full to the seller and to ensure they understand the entire agreement, including cancellation fees, marketing fees, compliance fees, when fees are due brokerage, all time frames, how to cancel the agreement, and the brokerage relationship notice.

Stellar MLS has a clear cooperation policy in place that allows the Listing agent to offer compensation to the buyers agent. 

This is discussed in advance a the listing presentation and upon signing the listing agreement with the seller. 

The MLS now allows $0 dollar compensation to the buyers agent if the sellers choose. It is advised however, that you as a listing agent advise the seller of the consequences of such a decision.

On short sales, if there is ANY REDUCTION in commission requested by the 3^rd party negotiation or bank, put it in WRITING and have these fees reduced or removed immediately, whether you represent the buyer, seller, or both.

THIS SECTION ONLY APPLIES TO THOSE AGENTS WHO HAVE BEEN WITH THE COMPANY FOR MORE THAN 12 MONTHS AND HAVE CLOSED A MINIMUM OF 12 TRANSACTIONS IN THE PAST 12 MONTHS.

Any property in which you have or will acquire an ownership, financial, or other legal or ownership interest in, is “Agent Owned Property” and SandPeak Realty shall offer the following benefits to each agent:

• When SELLING your primary residence, Agent shall pay only a $375 administrative compliance fee to brokerage at close of escrow. IF you represent the buyer in the sale as well, then an additional $375 administrative compliance fee is due on the selling side as well.
• When BUYING your primary residence, Agent shall pay only a $375 administrative compliance fee to brokerage at close of escrow. Any commissions earned on the sale shall be retained 100% by agent.
• When SELLING a secondary, investment, or any other type of NON-PRIMARY property, including commercial properties, Agent shall pay a $375 administrative compliance fee PLUS an amount equal to 10% of the commission paid to a buyers’ agent, to brokerage at close of escrow.
• When BUYING a secondary, investment, or any other type of NON-PRIMARY property, including commercial properties, any commission offered by the selling agent per the MLS agreement shall be paid to the company based upon your current commission structure, and agent shall also pay a $375 administrative compliance fee to brokerage at close of escrow.

Earned commissions are due the brokerage without exception. No agent has the authority to REDUCE, ELIMINATE, or CHANGE the amount of earned commission on any listing or purchase contract due to brokerage WITHOUT written approval from the brokerage. Any reduction in earned commissions can be reduced up to the amount due to brokerage if broker approves. Brokerage is due commission amount as described in the MLS. Any reduction will be taken from the agent’s portion of commission, not the brokerage.

ALL persons involved in real estate activity, that is operating on or for your behalf, must be cleared by the managing broker. SandPeak Realty encourages you to get as much help as you need- we just need to know who is involved. If you wish to give the assistant MLS access, you will be responsible for any fees, to ensure they attend training, and will be responsible for any penalties. Broker permission is required.

USE OF PERSONAL ASSISTANTS

A growing trend in the real estate business is for high producing agents to use specific persons, both licensed and unlicensed, as their assistants. SandPeak Realty encourages the appropriate use of personal assistants as a tool for high earning agents to be even more productive. Several caveats are in order from the perspective of the company. Many of the distinctions are based on whether a licensed or unlicensed assistant is used. SandPeak Realty’s policies on the use of personal assistants are as follows:

 EMPLOYEE v. INDEPENDENT CONTRACTOR: Whether licensed or unlicensed, the agent must decide whether to associate with the personal assistant (hereafter “Assistant”) as an employee or independent contractor. There are 3 options:

1. The Personal Assistant holds an ACTIVE real estate license: The employment or independent contractor agreement will be between SandPeak Realty and the Assistant. Serious issues of the right of control, method of payment and direction of the work exist if the agent chooses to have an independent contractor Personal Assistant. SandPeak Realty strongly urges the agent to consult with her/his tax consultant and/or attorney to determine the proper procedures in making this choice. If independent contractor status is chosen, all of the issues mentioned above regarding withholding, unemployment taxes, worker’s compensation and automobile insurance will be dealt with in the independent contractor agreement between SandPeak Realty and the Personal Assistant. The form of independent contractor agreement used by SandPeak Realty will be signed by the Personal Assistant unless the agent with whom the Personal Assistant works indicates otherwise.
2. The Personal Assistant does NOT hold an active real estate license and will be an INDEPENDENT CONTRACTOR: The Agent must form a PA corporation based upon their real estate license, and then will employ the Personal Assistant as an independent contractor, and the agreement will be between the Agent’s corporation and the personal assistant. The agent will be responsible for all wages, tax reports, and insurance as necessary.
3. The Personal Assistant does NOT hold an active real estate license and will be an EMPLOYEE: The Agent must form a PA corporation based upon their real estate license and the employment agreement will be between SandPeak Realty and the Personal Assistant with related costs and expenses being charged back to the agent with whom the Personal Assistant works. The agent should be aware that for an unlicensed Personal Assistant, all employment taxes, withholding reports, unemployment tax reports, worker’s compensation insurance and reports and W2 forms are the responsibility of the agent. SandPeak Realty will not to be a party to the arrangement between the agent and the unlicensed Personal Assistant and will not be responsible for any employment activities of the agent.

IF OPTION (2) or (3) are chosen above, then the Agent will provide a copy of the W-4 or W-9 form for the employee, as well as a copy of the 1099 or 1040 form provided to the personal assistant for the current tax year, by January 31 of the following year.

 UNLICENSED PERSONAL ASSISTANTS: The policy of SandPeak Realty is that unlicensed personal assistants WILL NOT UNDER ANY CIRCUMSTANCES perform licensed real estate activities as defined by Florida Real Estate License Law. The agent associating with the Personal Assistant is strictly responsible for maintaining this policy. If an unlicensed Personal Assistant does any licensed activities, the agent puts herself/himself in jeopardy of disassociation. The policy of SandPeak Realty, Inc. is that unlicensed personal assistants fall into the same category as unlicensed office personnel. The agent is further advised that unlicensed persons may not be paid any fees or commissions. The company will not split commissions with an unlicensed person.

LICENSED PERSONAL ASSISTANTS: By definition, a licensed Personal Assistant can perform licensed activities. The license of the Personal Assistant must be held by SandPeak Realty and any payments for the real estate business must come from SandPeak Realty. The easiest and cleanest way to accomplish this end is for the agent to split commissions as they are earned with the licensed Personal Assistant in whatever proportion the two parties negotiate. The amount of the split between the Personal Assistant and the agent should be specific and regular and should not vary per transaction. The company requires written agreements between the company and both agents to delineate the relationship and also requires the Personal Assistant and agent enter into a written agreement defining the relationship and specifying the compensation arrangement.

FUNCTIONS OF UNLICENSED OFFICE PERSONNEL

The policy of SandPeak Realty regarding the functions and use of unlicensed office personnel follow the License Law rules promulgated by the DBPR and FREC. The general policy is that unlicensed office personnel (secretaries, assistants, personal

assistants, receptionists, accounting personnel, etc.) are to be used in a support role to the main real estate business function of the company. UNDER NO CIRCUMSTANCES will unlicensed office personnel be allowed to engage in licensed activities. “Engaging in licensed activities” means doing any of the acts for which a license is required as defined in the License Law. This section explicitly allows for the use of unlicensed clerical personnel to support licensed activities but strictly limits their ability to perform licensed activities.

The Rules governing unlicensed Assistants may:

1. answer the telephone, take messages, and forward calls to a licensee;
2. submit listings and changes to a multiple listing service; (they may only enter information into the MLS when they properly designated, fees paid, and they are properly trained)
3. follow up on a transaction after a contract has been signed;
4. assemble documents for a closing;
5. secure public information from a courthouse, sewer district, water district, or other repository of public information;
6. have keys made for a company listing;
7. draft advertising copy and promotional materials for approval by a licensee;
8. place advertising;
9. record and deposit earnest money, security deposits, and rents;
10. complete contract forms with business and factual information at the direction of and with approval by a licensee;
11. monitor licenses and personnel files;
12. compute commission checks and perform bookkeeping activities;
13. order a sign for a property from an approved installer;
14. order items of routine repair as directed by a licensee;
15. prepare and distribute flyers and promotional information under the direction of and with approval by a licensee;
16. act as a courier to deliver documents, pick up keys, etc.
17. place routine telephone calls on late rent payments;
18. schedule appointments for the licensee (this does not include making phone calls, telemarketing, or performing other activities to solicit business on behalf of the licensee);
19. respond to questions by quoting directly from published information;
20. sit at a property for a broker tour which is not open to the public;
21. gather feedback on showings;
22. provide concierge services and other similar amenities to existing tenants;
23. manage or supervise maintenance, engineering, operations, building trades and security;
24. perform other administrative, clerical, and personal activities for which a license under the Act is not required.

An unlicensed Assistant may not:

1. host open houses, kiosks, or home show booths or fairs;
2. show property;
3. interpret information on listings, titles, financing, contracts, closings, or other information relating to a transaction;
4. explain or interpret a contract, listing, lease agreement, or other real estate document with anyone outside the licensee’s company;
5. negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee; or
6. perform any other activity for which a license under the Act is required.
   
   

PAYMENTS TO UNLICENSED PERSONS

SandPeak Realty maintains a strong policy that no unlicensed person will be paid for any real estate activity requiring a license. The License Law makes clear that an unlicensed person may not be paid for engaging in licensed activities.

SandPeak Realty, Inc. maintains an escrow account. It is strongly suggested that you create a relationship with a local title agency that can take and hold escrow funds.

ONLY WITH PERMISSION OF THE BROKER, MAY YOU TAKE ESCROW IN THE NAME OF SANDPEAK REALTY. ALL ESCROW CHECKS MUST BE MADE PAYABLE TO SANDPEAK REALTY.

The best practice for escrow is to have the buyer wire funds to the receiving title company OR for them to go to the bank or title company directly for escrow deposit. If this is not plausible, then please follow these rules:

1. Upon accepting the Escrow check, the agent (that’s you) and the buyer(s) must sign and DATE the ESCROW ACCEPTANCE FORM- this is one form that CANNOT be signed electronically. Keep a few copies on hand.
2. The agent (you again) must upload a copy of the check AND the ESCROW ACCEPTANCE FORM into the transaction documents in BrokerMint.
3. The agent (yes, you again) MUST notify the broker within 24 hours that the check and form have been uploaded.

ESCROW IS A SERIOUS MATTER- it is vitally important that this process is followed so there are no liability issues. If you have any questions, just ask!

Errors and Omission insurance is carried by the broker on your behalf. An annual $375 payment will be collected from your first closing of the calendar year. If you do not have a closing prior to March 31st of the calendar year, then you will be billed this fee and payment is expected or your license may be moved to an inactive status. This fee can be paid in one of three ways:

• By check or cash directly to broker at any time prior to your first closing of that year, or March 31, whichever occurs soonest.
• Deducted from your portion of your commissions earned prior to March 31.
• By check or cash on payment due date of March 31, 2023.

Agent acknowledges that he/she is responsible for each claim they are party to and agrees to pay the deductible amount (currently $5000) for each E&O claim they are party to. Agent MUST notify broker immediately of any circumstance that might elicit a claim or complaint against either the Agent and/or Broker.

Should any claim, lawsuit, complaint, or arbitration demand, not fully covered by insurance, arise, agent agrees that broker may withhold from any commissions earned and due, and fund any uncovered amount in full, to be placed by the Broker in his Claims and Disputes Retention Account, until the matters disposition is final.

Agent agrees that should a monetary payout be necessary to settle any claim, the aforementioned funds will be applied at the Broker’s sole discretion toward the amount, and any monies left over that were retained will be returned to agent with 14 days of disposition finality.

Legal Consultation: Agent acknowledges that, as needed and determined by broker, it may be necessary to obtain legal counsel concerning one of Agent’s transactions. Agent agrees to reimburse and indemnify Broker for any attorney’s fee(s) reasonably incurred by Broker to obtain legal advice concerning such transaction(s).

If a process server appears in the office with a subpoena or summons for the company, any employee or agent should accept it. Once accepted, it should immediately be turned over to the managing broker. The managing broker should immediately contact the President or other officer of the company. In the absence of any of these persons, the managing broker should contact the company’s attorney. If the process server asks for a specific person, only that specific person may accept the subpoena or summons. If that person is not in the office, the person receiving the inquiry should not volunteer any information about the person requested and should not give out home phone numbers or home addresses, even if asked. Refer the inquiry to the managing broker immediately.

Any inquiry by a government official, whether by telephone, letter or in person, should immediately be forwarded to the managing broker. In the absence of the managing broker, the agent should not allow any representative from a local, state or federal office to see any files or any information maintained in the office, nor should the person ever answer any questions unless the company’s attorney is present.

You are required to:
A. Promptly notify your Broker of any claim or potential claim made against you  and/or the Company, including any demand received by you for money or  services alleging a negligent act or omission; any notification of the         commencement of a lawsuit, arbitration or mediation process; or any written or verbal notice or threat that anyone intends to hold you and/or the Company responsible for any alleged wrongdoing.
B. Cooperate with the Company in the defense of a claim.
C. Promptly pay to the Company any amounts due hereunder upon notice.

Legal Defense: Occasionally, a client may refuse to pay a fee that the Company has earned. The Company will have sole discretion as to the legal remedies to be taken to collect the commission and will not be bound to do so. If the Company elects to take legal action, the costs of the action will be borne by the Company and the Associate in the same proportion as the commission would have been split.

When a claim or demand is made, or a lawsuit or other action is filed, against either you or the Company by a third party which alleges any breach of any duty, error or omission, or negligence in the performance of “Professional Services,” as that term is defined in the Company’s Errors & Omissions Policy of Insurance, for
activities covered by the Insurance Policy, then the Company shall defend the claim, and the cost of such defense shall be allocated as set forth herein.

The Company has the right to make all decisions concerning the defense of the claim, including choice of counsel. In the event you object to any decision made by the Company, you may obtain your own attorney at your own expense; however, you shall not be relieved from the obligation to pay your portion of the cost of the claim as set forth herein.

Allocation of Costs of Defense: Except as provided below, the cost of defense of the claim, or to defend or protect against any potential or possible claim where the Company or you are not involved as a party, including attorney’s fees, and the cost of any settlement or a judgment (collectively the “Costs of Defense”), shall be allocated between the Company and you in the same percentages as per your Independent Contractor Agreement or prospective transaction that led to the Claim, whether or not the transaction actually closed.

You shall be responsible for all Costs of a claim if you fail to follow any law, regulation or Company policy as set forth in this Policy Manual, and that failure results in a judgment or other final adjudication based on that failure. You shall be solely responsible, and shall reimburse the Company, for all of the Company’s Costs of Defense if a judgment or other final adjudication on any claims adverse to the Company and/or you:

1. establishes that dishonest, fraudulent, criminal, or malicious acts, errors or omissions were committed; or,
2. results in a finding of intentional tort, slander, defamation or any conduct which leads to the imposition of punitive, exemplary or multiple damages, or fines or penalties; or,
3. establishes discrimination on the basis of race, creed, religion, ethnic background, national origin, age, sex, handicap, familial status, physical disability, sexual preference, or any other unlawful classification; or,
4. results in a finding of pollution or any wrongful act in connection with any such pollution, including the discharge release or escape of any hazardous materials as defined in the Insurance Policy; or,
5. result in a finding of any liability for claims for damage to property or death or injury to persons arising out use, removal or exposure to goods or products, in any form, composed in whole or in part of lead, asbestos or asbestos related materials.

Escrow Disputes: If a dispute arises during an escrow between seller, buyer, the cooperating broker and/or the Company:
A. Which cannot be resolved by negotiations between the parties and the agent(s) involved; and
B. The Company determines that it is in the best interest of the Company to resolve the matter during escrow rather than risk a potential claim or litigation after close of escrow; then
C. Company Broker has the right to negotiate a resolution of the dispute which may involve a reduction in the commission to be received, or a credit given        to one of the parties. In that event, and regardless of actual Company or agent liability or responsibility in the dispute, the agent(s) and the Company will participate in the commission reduction or credit pro rata.

Agent-Owned Property: Any property in which you have, or will acquire, an ownership, financial or other legal or other interest, is “Agent Owned Property.” The Company’s E&O Insurance Policy governs coverage of the sale or purchase of any Agent Owned Property. In any sale or purchase of Agent-Owned Property not covered by the E&O Insurance Policy, you shall be solely responsible for costs of defense, settlement or judgment on any claim, suit or action of any nature arising, therefore. In the event you are selling or purchasing Agent-Owned Property, you must:

1. Notify the Broker in advance;
   B. Obtain, in advance, Broker approval of all marketing material and disclosure documents; any purchase contract provisions prior to their execution; and any correspondence or other writings that pertain to the purchase or sale;
   C. Not represent buyers or prospective buyers in the sale of Agent Property;
   D. Notify the Broker immediately in the event that any of the Company’s agents      writes an offer on your property.
   
   

Dispute Resolution

Intra-Office Dispute Resolution: All disputes involving you and another associate of the Company will be promptly reported to the Broker. The Broker, or designated members of the management team, will attempt to resolve the dispute through informal mediation in which all affected salespersons are expected to participate. You agree that all disputes involving another associate which cannot be resolved by the Company, and disputes involving the Company, will be resolved by binding arbitration with the local Association of REALTORS® in accordance with the bylaws and the rules in effect.

Third Party Disputes: You are required to immediately notify your Broker of any dispute or claim involving you, another Agent of this office, the office itself, the Company, and a third party, including brokers and associates of other brokerages. The Company will make all reasonable efforts to resolve the dispute informally. Any such resolution will be binding on the agents involved in the dispute or claim.

Any harassment of an associate, whether agent, employee or applicant, because of race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service is clearly prohibited and will not be condoned. Sexual harassment is one particular form of discrimination which is illegal and violates the company’s longstanding equal employment opportunity policy. SandPeak Realty maintains a strong policy prohibiting any form of sexual harassment.

No agent, employee, staff member, customer or vendor, male or female, may sexually harass an employee, agent or other person associated with the company by:

1. Making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexually suggestive nature; or
2. Making submission to or rejection of such conduct the basis for employment, continued employment or any other employment decision affecting the employee; or
3. Creating an intimidating, hostile or offensive working environment by such conduct.

Any agent or employee who has been found to have sexually harassed another agent or employee will be subject to appropriate discipline up to and including discharge from association or employment.

This policy applies equally to any work-related sexual harassment by or to both men and women employed by or associated with the company or who deal with the company in our business, and it is not limited to supervisor/employee or manager/agent relations or to conduct occurring on premises or during working hours.

Any agent or employee who believes that he/she is being or has been sexually harassed by another agent or employee should promptly take one or more of the following steps.

1. If appropriate, discuss the situation directly with the person whom you feel is harassing you, and politely request that the person cease harassing you because you feel you do not like or welcome his/her conduct. You might also add that if such conduct does not cease altogether, you will take further steps under this procedure. (If the person involved is a customer or client, please refer the complaint to senior management instead.)
2. If you believe that some adverse employment consequence may result from your discussions with that person, or if the harassment continues, go to a higher level of supervision including any senior executive of the company. You may be required to state in writing the specific details of the harassing behavior including date, time, place and witnesses, if any.

3. An investigation of any complaint will be undertaken immediately. All complaints will be handled in a prompt, confidential manner insofar as the investigation permits. There will be no adverse action directed toward any complaining agent or employee or witness as a result of making or supporting the complaint, unless there clearly was bad faith.

SandPeak Realty believes that fair housing policies are not just the law of the land but simply the right thing to do. SandPeak Realty maintains a strong policy upholding all federal and state fair housing laws and Article 10 of the REALTOR Code of Ethics and the NAR Code of Fair Housing Practices. In addition, SandPeak Realty requires each agent and staff member to participate in periodic fair housing education. Accordingly, SandPeak Realty prohibits any agent or staff member from discriminating against any person in the provision of any of the Company’s services because of the person’s race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, familial status, military status, sexual orientation, unfavorable discharge from military service, or any other class protected by the Fair Housing Policy. The parties agree to comply with all applicable federal, state and local fair housing laws,

Among the prohibited practices which are against this policy and the law are:

1. Refusing to show, sell or rent based on a person being a member of a protected class.
2. Different treatment/disparate treatment to persons of a protected class.
3. Steering: A person shall not encourage or discourage another from moving into any area because of the race, color, religion, sex, handicap, marital status, familial status, ancestry, age, military status, sexual orientation, or order of protection status.
4. Discriminatory advertising that “expresses” a preference for buyers or tenants of a particular race, color, religion, sex, handicap, marital status, familial status, national origin, ancestry, age, military status, sexual orientation, or order of protection status, or any advertising that would discourage anyone from making an application for housing such as “Not section 8 approved”.
5. Harassment (i.e., coercion, intimidation, threats or interference with a person’s fair housing rights or because a party is abiding by fair housing law).
6. Applying more burdensome criteria to applicants of protected classes.
7. Blockbusting/Panic Peddling: A person is prohibited from inducing or attempting to induce another to sell or rent a property by making any express or implied representations regarding the entry or prospective entry into a neighborhood of a person or persons of any particular race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service, or any other protected class protected. The parties agree to comply with all applicable federal, state and local fair housing laws

Agents and staff should be aware that persons with AIDS are considered handicapped and “familial status” means families with children under the age of 18 years, an individual who is pregnant or an individual in the process of obtaining legal custody of a person under the age of 18 years. SandPeak Realty has agreed to and adopted the Fair Housing Partnership as adopted by the National Association of REALTORS® and the Department of Housing and Urban Development. Each agent and staff member of SandPeak Realty is required to participate in Association and/or Company education regarding the Partnership.

SandPeak Realty maintains a strong policy against any antitrust involvement by the Company, its agents or employees. Few obligations can be taken more seriously than those in this area. SandPeak Realty requires each person associated with the Company to participate in antitrust education and acknowledge his/her understanding of these principles. Two areas are the primary antitrust focus:

PRICE FIXING: Price fixing means any agreement, setting, consent to, suggestion or implication with a competitor regarding a fee to charge. This includes fees charged to the public, fees split among brokers and fees paid to agents. “Agreement” can be overt, covert, express or implied. It is very broad and can even be suggested or implied by casual conversation with any competitor. Accordingly, SandPeak Realty, its agents and staff are prohibited from discussing with any competitor, including an individual agent, any aspect of the fees the company charges or how total fees are split. SandPeak Realty determines its charges based on the company’s own independent internal analysis of its expenses, its revenue, its desired profit level and its choice of the type and level of service it desires to provide. In any discussion with a member of the public about our charges (such as a listing appointment), the only acceptable answer about why the Company charges what it does is the foregoing explanation. Do not be drawn into a discussion about Company fees as “the standard rate,” “the Association rate,” “the typical rate” or the like. If questions arise about other company’s fees, suggest that the potential client call several competitors and ask about their rates.

BOYCOTTING COMPETITION: It is also a violation of federal law to make any agreement, express or implied, with a competitor to boycott or otherwise not deal with a third-party competitor. For example, assume that Joe Agent with ABC Realty is having coffee with Jill Agent of PDQ Realty and they are discussing the competitive impact that XYZ discount brokerage is having on their business. They agree that something has to be done to stop XYZ from undercutting the market so they agree to boycott showing any listings of XYZ Realty. This simple agreement with two agents is an illegal boycott. Even if it were implicit and not overt, it could be construed as an illegal boycott. SandPeak Realty prohibits any agent or staff member from making any agreement or suggestion with a competitor, including an individual agent, that he/she or the Company will not deal with a third broker or agent, whether it be a listing company, buyer’s brokerage, discount broker or any other broker or agent whatsoever.

In the course of normal business operations, you will come into contact with various amounts and degrees of confidential information from your customers. Whether it is social security numbers, proof of funds letters, financial information, or anything else that is of a private nature, it is your job to ensure that Non-Public Information (NPI) is not shared nor given with or to any party that is not legally binding to the contract. This is a dismissible offense.

It is critically important that an agent be aware of safety risks inherent in any business. The residential real estate business presents certain safety risks because of the time of day and week when much of the business is conducted. SandPeak Realty has the following safety policies, guidelines and suggestions:

1. If the agent does not know a customer, try to arrange a meeting at the office or other public place. Another alternative would be to do a basic internet search of the name of the individual(s).
2. NEVER meet a prospect at a vacant house ALONE. ALWAYS take another person with you. DO NOT meet the prospect after dark.
3. ALWAYS let the office or someone at your home know where you will be when showing property, especially, to prospects you are first meeting.
4. When on the showing, DO NOT go to dark areas, basements, garages, or areas without multiple exits. Allow the prospect to view those areas on his/her own and stay in an area which allows for quick exit.
5. ALWAYS drive your own car. DO NOT let a prospect you do not know drive your car. Preferably, meet the prospect at the office, tell the office your destination and expected time of return and drive separate cars to the showing.
6. USE COMMON SENSE. If something doesn’t feel right or look right, trust your instincts and remove yourself from the situation.
7. Whether to use self-defense techniques and how to handle a crisis if it occurs are personal decisions. Think about your choices in advance.

SandPeak Realty utilizes web-based technology from SkySlope for company transaction management. Compliance is the number one factor in our decision to utilize this service, so a strict policy of usage will be enforced. All executed transactions- both buyer and seller- must be input into your SkySlope account.

Contracts are the backbone of our industry- and as such, they are a vital part of our daily work. There are many different contracts you may use in your real estate career depending on the circumstances and type of transaction being performed. No contract, however, is considered binding until it is FULLY executed by all parties involved. Fully executed means BOTH parties have signed and dated the contract, that all of the required documents are attached and signed as well, and that some form of escrow is delivered. Additionally, it may include certain provisions or contingencies that must be met in order for the contract to continue through close.

There are certain forms and documents that are needed for each transaction, and a checklist can be found in the SkySlope site for each type of transaction. Most of the forms you will be using on a daily basis are available directly through the site; they are imported directly in for you. 

It is your responsibility and DUTY to familiarize yourself with these contracts, their content, what they mean, and what they imply. You will be explaining these to your buyers and sellers, and they will be relying on you as the “expert” to help them understand. Explain fully the expectations, the time frames, and what the responsibilities of each party are. Explain fully any disclosures. NEVER “assume” anything for your client. Even if it means losing the sale. This is a major cause of many Errors and Omissions claims, and it’s not worth your livelihood.

That being said, the livelihood of the Company depends on up-to-date and accurate data entry and document compliance at all times. Our SkySlope transaction management system must have current, accurate, and compliant documentation for every transaction at all times

Keep all of this in mind as you read Section #26- Timeline for Contract Submission.

Listing Agreements: All listing agreements must be uploaded into the SkySlope system within 24 hours of seller signature AND must be present in the system prior to MLS submission.

The agent is responsible to ensure all documents are signed and dated. Further, a copy of all documents must be provided to the seller within 24 hours of receipt. NO EXCEPTIONS. The agent is also responsible to ensure that all sellers’ disclosures and addenda are attached to the MLS. You MUST upload a copy of the MLS Sheet immediately.

Offers to Purchase on your listings: All offers received on a property you have listed must be uploaded into the SkySlope Offers system or in the Documents of your Listing in SkySlope within 24 hours. NO EXCEPTIONS. Even if your seller verbally rejects or counters the offer, EVERYTHING must be in writing- All counter offers, denials, and rejections must be done through the system. Verbal rejections and counteroffers are NOT an acceptable practice. Take the time to get it in writing- it will be worth it in the end and will keep the transaction transparent. Even if you receive an incomplete offer package, please upload it so it can be identified if an issue arises later.

ALL OFFERS must be presented to the seller ASAP, and within 24 hours of receipt. If you are expecting additional offers, please notify the seller of such, but DO NOT withhold sharing that offer- this is illegal and unethical. The buyer’s agent has every right and expectation that his or her offer will be presented in a timely fashion, and they also have the right to timely communication. All counters, rejections, or acceptance should be completed within 48 hours. Doing so ensures that all parties are treated fairly. THIS IS AN IMMEDIATE DISMISSAL ITEM- If you are caught holding offers to purchase on one of your listings or you do not inform the seller of ALL offers you have received, you will be terminated IMMEDIATELY and FREC will be notified.

 Executed Offers to Purchase on your listings:  Once an offer is accepted, please upload all necessary paperwork into the SkySlope system. All parties should get a copy of the executed contract and addenda within 24 hours. A copy of the MLS showing a PENDING status will also need to be uploaded. Additionally, a copy of the earnest money check and a receipt will need to be uploaded. Make sure to send copies of all necessary documents to title, lender, and inspectors.

Offers to Purchase for buyers: ALL paperwork for a buyer on an ACCEPTED offer needs to be uploaded into the SkySlope system. EVERY time you write up an offer, even if it is not accepted, YOU MUST UPLOAD THAT OFFER INTO SkySlope offers and associate it with your buyer and/or that property. Missing or unapproved documentation and paperwork can lead to confusion, errors and omissions claims, and lawsuits. All Offers must be uploaded into the SkySlope Forms system within 24 hours of buyers signing. If an offer is accepted and executed, then the executed copy also needs to be uploaded with all addenda and any additional paperwork within 48 hours.

SandPeak Realty and its associates operate, per state guidelines, as Transaction Brokers. Unless specifically requested by the seller and/or buyer, all transactions are associated with this relationship.

All advertising must be approved by managing Broker before your placement or use. Anytime you advertise a property you must include the term “Broker,” “Agent,” “licensee” or “REALTOR®.”

Legal and Ethical Considerations: As an associate and licensee, you have both a legal and ethical obligation to be truthful when advertising property or services. All advertising must comply with all state and federal advertising requirements as well as the NAR Code of Ethics. Any false or misleading advertisement will immediately be withdrawn by the Company. Legally, you may be held liable for fraud, intentional misrepresentation, or negligent misrepresentation if you make materially false statements or material omissions in an advertisement. Additionally, you may face disciplinary action from the Department of Real Estate, the local Real Estate board, and/or the brokerage.

Company/Team name and Logos: The Company’s name and/or logo must be included in all advertisings and conform to the Company’s graphic standards regarding the style, color and uses of the name and logo. Use of team name and logo is permitted; however, the company logo must be displayed of an equal or larger size than the team logo, and the company name must be of a larger or equal font/size than the team’s name.

REALTOR® Trademark: The use of the name REALTOR® must be used in compliance with the National Association of REALTORS® guidelines governing the use of that name and mark. Those guidelines are available on-line at realtor.org

Telephone- Do-Not-Call Compliance: You are required to comply with the do-not-call laws which generally prohibit “telephone solicitations” to residential and cell phone numbers registered on the National Do-Not-Call Registry.
A. You may not call anyone at their home or cell phone number if listed on that Registry unless an exemption applies. Exemptions include written permission or an established business relationship in the past 18 month.
B. Cold Calling: You are encouraged to explore cold calling as a method of business promotion, but you must
comply not only with the do-not-call rules, as well as other cold calling requirements as follows:
1. You may not call a residence before 8:00 AM or after 9:00 PM.
2. You must provide the called party with your identity and telephone number where you may be contacted.               

3. You may not call any emergency lines, health care facilities, radio common carrier services, cellular or paging services, or any service for which the called party will be charged for the call.
   4. It is your responsibility to adhere to this policy and will be solely responsible for any violation,
   including any fines, penalties, damages recovered, settlements or attorney’s fees and costs.
   
   

Fax Advertising: There are state and federal laws prohibiting faxing to recipients with unsolicited commercial advertisements or solicitations. Exemptions include prior permission or an established business relationship.

SandPeak Attire and Signage: Please do not wear any clothing with the SandPeak logo or use any signage on any type of event, gathering, protest, or associated activities without the WRITTEN permission of the broker, prior to your attendance at these events.

The Seller’s Property Disclosure Form is a detailed statement by the seller of his/her knowledge of the condition and features of the property. SandPeak Realty has a policy of urging sellers to complete the form and to provide them to buyers in compliance with the state statute.

An agent should provide a blank disclosure form to the seller and request the disclosure form be completed on every listing unless the property is exempt from disclosure under state law. It is in the best interest of the seller to complete a disclosure form because it can avoid future misunderstandings with a buyer as to what the seller’s knowledge of the condition of the property was at time of listing and because it is required by State law. In addition, it is a valuable risk reduction tool for SandPeak Realty and assists the Company in complying with its obligations to disclose adverse material facts.

By the seller making accurate, factual statements as to his/her knowledge of the property, later controversies as to “who said what” can be minimized. A listing agent should be careful to make sure that the seller, and not the agent, completes the Disclosure form and keeps it current. If the information becomes inaccurate because the property’s condition has changed, a seller could have liability for allowing known inaccurate information to be given to buyers. Once the form is complete the agent needs to make sure that it is delivered to prospective buyers before they prepare an offer to purchase.

Some sellers may refuse to sign a Disclosure form. In Florida, there is a state law which requires a seller to execute such a statement unless the property or the transaction is exempt. If a seller declines to complete a disclosure form, he/she should be referred to his/her own attorney to determine if the transaction or the

property is exempt from disclosure. SandPeak Realty WILL NOT accept a listing for which a seller refuses to complete a disclosure form unless the property or transaction is exempt. In completing the disclosure form, the seller her/himself MUST fill in the form. A SandPeak Realty agent MAY NOT complete the form on behalf of a seller. The responsibility to complete the form under Florida law is on the seller and not on the agent.

In general, the agent may rely on the statements of the seller. License Law provides that the licensee owes no duty to conduct an independent inspection of the property for the benefit of the customer and owes no duty to independently verify the accuracy of any statement made by the client. However, an agent may not ignore any suspect items on the disclosure form just because the seller completed it. If an agent, in his/her reasonable judgment and expertise, suspects that a statement is not accurate, the agent should seek further information from the seller. An example might be a seller who states that there has been no water leak in which there are obvious water stains and cracks. An agent’s best course is to seek further information from the seller as to the exact nature of their statements and if the seller persists in inaccurate statements, then either refuse to take the listing or withdraw as the listing agent. If an agent needs assistance with this type of problem, they should contact the managing broker.

LEAD BASED PAINT: Particular note should be paid to lead-based paint disclosures. Current FHA regulations require that a special lead-based paint disclosure form be signed by all parties to a contract with FHA financing BEFORE entering into the contract if the transaction involves a property built prior to 1978. Also, a federal law which took effect late in 1996 requires certain disclosures on properties built prior to 1978 about the hazards of lead-based paint and requires that the buyer be given the opportunity for inspections for lead-based paint in the sale contract. Under lead-based paint regulations, agents do have a duty to make sure the seller completes a disclosure form and provides a pamphlet

Several “traps” of liability exist in taking a listing. These are covered below. Each SandPeak Realty agent should take careful note of these hazard areas and be particularly diligent in handling these issues.

ROOM COUNTS: SandPeak Realty agents must be careful to accurately represent the number of rooms, bedrooms and bathrooms in a property. Generally, questions of whether an area constitutes a room, bedroom or bathroom are resolved by determining whether an appraiser would count the area as such. For example, a room normally must have a closet to be considered a bedroom. Also, “walk-through” rooms are not usually considered separate bedrooms. These ambiguous areas can be denoted by a symbol such as a “+” sign after the room count (e.g., 8+ rooms, 4+ bedrooms) or highlighted in remarks for the property or other descriptive information.

ROOM SIZES: The agent should personally measure each room. DO NOT take room sizes from a former listing company’s form. Be cautious about taking room sizes from plans. There may have been construction changes not reflected on the plans. Measure room sizes to feet and inches. (NOTE: Many MLS systems do not allow input of room sizes to feet and inches. In such case, round inches to the nearest foot, e.g., 7 feet 7 inches rounds to 8 feet but 7 feet 5 inches rounds to 7 feet.) If you have not measured yourself or will not measure, be sure to cite the source of your information so it is clear that it did not come from you.

EXCLUSIONS/INCLUSIONS: An agent should pay particular attention to inclusions and exclusions in the sale of the property and verify the seller’s intention. For example, if an owner checks off that the master bedroom draperies will not be sold with the house, the agent should verify that this is the seller’s intent and then make clear in any promotional material mentioning draperies that the master bedroom draperies are excluded. Also, it is very important to make sure the exclusion is expressly specified in the contract. The listing information sheet is not usually incorporated into the terms of the contract. Thus, an agent should not rely on the listing information sheet to control the contract but must make sure that the exact understandings of the parties are reflected in the sale contract. Also, it is a good idea to suggest that seller remove an excluded item before marketing the property for sale if possible.

LOT SIZE: Lot size and acreage should only be determined from an accurate survey. The agent should NOT attempt to measure lot size on her/his own.

TAXES: Taxes should be determined from county tax records or the owner’s tax bill. The agent should not rely on the statements of the owner as to tax amounts. If there is a question regarding reassessment between time of contract and time of closing, refer the client to their attorney to negotiate contract language when necessary.

MODERNIZATION INFORMATION: Often, good selling features about a property are the updates or upgrades made by the owner. In order to accurately advertise these items, SandPeak Realty requires that the owner verify any information given to us before it can be used in any promotional material on the listing. Items such as “new” roof, “new” air conditioner, “new” furnace, “new” bathroom, “new” kitchen, etc. are misnomers because of the difficulty in defining what “new” means.

Substantiation of the information means the owner must supply a potential buyer with receipts, canceled checks or other proof of payment of upgraded or rehabbed items. Once provided, then SandPeak Realty will accurately advertise and promote these good selling features with language like “New roof, 2000″,”New furnace, 2003″,”Kitchen remodeled, 2006”. If it is not possible to substantiate modernized features, they can be advertised or promoted as “Newer” or “Recent”, as in “Newer furnace” or “Recently remodeled bathroom”.

SandPeak Realty has a limited number of Supra Lock Boxes for your convenience. The system is simple- head into one of our offices, grab a lockbox from the box (or board), drop one of your business cards, and make sure you take note of the Shackle Code (and CBS or Call-Before-Showing code). In the BrokerMint system, please note the lockbox ID # (on the back of the box in black numbers) in the transaction fields for your property.

After close of escrow, or when the box is removed from the property, please RETURN IT TO THE OFFICE. If you need another lockbox for a different property, please check out another box, DO NOT MOVE THE BOX FROM PROPERTY to PROPERTY.

Being entrusted with the keys to a customer’s property is a big responsibility. There are issues regarding access, liability, and safety. There are three options for showing and maintaining a property and these MUST be explained to your seller and consensus agreed upon. They are:

1. No lockbox will be placed on the property- either the seller, the listing agent, or both agree to be present for all showings and to allow safe access to all interested parties. This obviously is the most secure method with the least amount of liability. However, it is the most inconvenient for all parties involved as well.
2. Electronic Lockbox- The most secure of lockboxes. Only real estate agents with an e-Key can access the key. E-Keys can also have a CBS, or call before showing code, set to further ensure that real estate agents are securing an appointment prior to showings. A few other great features include the ability to see who has accessed the property and when, the ability to set the showing “windows”, as well as limiting the actual access- so agents can’t give the code to their buyer for direct access.
3. Alphanumeric or Numeric COMBO Lockboxes: These are the least secure of all the options. Once a code is given, the person who received it will continue to have access until the code is changed or the box removed. NEVER put a coded lockbox on an occupied home. The liability is just too great. Coded lockboxes work well on REO and vacant properties. Please keep in mind that even if you tell the buyers’ agent not to give their client the code, most do, as it is more convenient to just send their buyer on their own. This practice is NOT allowed at SandPeak Realty.

SandPeak Realty will provide you with a company email. All company business communications should be done with your company email for compliance. Your company email address will also be used for your Technology access.

The company email will be: <Name>@SandPeakRealty.com

Your email can be accessed via the web through WebMail. Once logged in, you can use the tools to help set up your email on your phone, tablet, and computers. Make sure you change your initial password.

Please note two very important items:

1. Please do not use this email for anything of a personal nature or that you do not wish to be seen. This is for compliance issue. Agent agrees to conduct any and all business utilizing this email account for company compliance. Further, agent understands that this account may be viewed by Broker, staff, and any other party deemed necessary at any time, without agents’ knowledge. Agent may use another email with PERMISSION from managing broker.
2. If you leave the company, your SANDPEAK email access will be frozen. For 90 days after you leave, if you need access to an email or file, please contact broker directly to arrange delivery. After 90 days, all emails will be archived and stored per FREC rules.

All CRM data in your website will be the property of both AGENT and BROKER. However, BROKER WILL NOT use this contact data as long as AGENT is employed by company. Please note that COMPANY MAY USE this data, while agent is employed, for COMPANY communications WITH THE PERMISSION of the agent. All closed and contracted contacts are ALSO stored, and BROKER may, at any time, use this data for company contact, even after agent leaves company. There will be NO solicitation of an individual agent from this data WHILE the agent is employed. This data will strictly be used for generic marketing of the brokerage.

AGENT is free to use WHATEVER websites and online services they choose at their own expense. HOWEVER, agent agrees to notify broker within 7 days of any new websites, services, or sites they use or join so that broker may monitor for compliance. Please notify broker via email.

The agent is responsible for ordering the post and for pick up.

You are responsible for ordering and payment for your sign and any additional riders you may use- SandPeak Realty does not cover these costs. You may use any sign company or design of sign you choose. HOWEVER, they must adhere to the SandPeak Realty signage guidelines for logos, colors, and fonts. ALL SIGNAGE MUST BE APPROVED by BROKER. It is suggested that prior to ordering you send a copy of the proof of the sign to the broker for approval.

If your listing is in a neighborhood that requires a special sign, then you are responsible for ordering and payment of that sign. All signs MUST be approved by broker prior to ordering and placement to ensure they meet FREC rules.

No other signs are allowed without broker permission.

Per the Independent Contractor Agreement, the associate or the broker may terminate your employment agreement at any time. Any commissions due that are not explicitly covered in this agreement will be paid to the agent upon successful close of escrow. Any property this is in escrow and is a documented company lead will remain with SandPeak Realty and no commission will be due agent. Any and all active listings of the agent shall remain with the agent (Except those noted above as “Company Leads”). All other referrals, listings, and/or customer leads shall remain with and be solely the property of SandPeak Realty and no compensation shall be paid to Agent.

AGENT MAY NOT SOLICIT ANY BUSINESS FROM ANY CUSTOMER OF SANDPEAK REALTY for 12 months after leaving the brokerage.

Real estate agents are not known, as a group, for their positive outlook. They tend to look at things as “half-full,” saying, “The market is slow. Buyers are not out there. Listings are over-priced. I have no leads. Open houses don’t work.” I say, “Blah, Blah, Blah!”

At SandPeak, it’s always a sunny, new day!

Forget yesterday. Don’t worry about tomorrow. All you can do is face what’s in front of you- which is today. Don’t stress. Don’t grumble. Don’t worry about things you can’t control. Selling real estate is not brain surgery. It’s not life-saving. It’s not vital. It is fulfilling. It does help families have happier lives. It does make us money. And it is rewarding. The important thing to remember is not to get caught in the minutia of what we do. Keep it simple. Keep it real. Work Hard. Treat people right. Do the ethical thing. Make some money. Go have fun.

That’s the secret. 

Keep it Real: Be honest. Always. Do things the right way for the right reasons. If you have to QUESTION what you are doing, you probably need to stop, step away from the situation, and come back to it after you analyze and think about that which is bothering you. If you don’t know, say so. Say it in a way that lets the other person know that you care enough to find the answer for them. Then ask someone for the answer. Treat others fairly and openly, and keep always speak positive about the market, your broker, your fellow realtors, and SandPeak Realty. If a problem arises, deal with it quickly and let everyone involved know. It is not personal, it’s business.

Keep it Simple: Simplifying your life starts with a decision to give up those things in your life and business that are “clouding” your way. It could be a habit, an addiction, a lack of education, a certain tool, or just basic clutter. Live within your means and within your skills. When you clean out the old and unneeded, you will create space for new, positive things to fill the void. It could be new business. New contacts. A new understanding. Even a new toy!

The same goes with the tools and methods you use to run your business. It’s better to use less tools that you are an “Expert” with, than many tools that make you look like a bumbling fool. Analyze every aspect of your business, from prospecting and marketing, to communication and contracts, and see what is not needed. Break things down to their simplest form. Your customers will appreciate that.

 Keep it Positive: Don’t listen to what they say. Don’t talk negative about people, customers, deals, or anything else that will bring you down. Take pride in your work, but don’t be arrogant. Be mindful of others’ feelings, but not at the expense of yours. Give advice and always answer positively. Make lemonade from your lemons. Making sure you conduct your business in a positive manner will help your business grow faster than anything else you could possibly do.

Keep it in Perspective: Every deal is important. But so is your integrity. If you lose a deal, but do so with dignity, then you haven’t really lost. If something is too good to be true, too bad to be around, or involves agents or customers that you really shouldn’t be around- then walk away. Don’t lose sight of your ultimate goal while trying to keep an eye on one thing that could ruin you. Real estate IS fun. It gives you opportunities- to meet new people, to make more money, to control your schedule, to work when you want to as hard as you want. There are very few jobs that offer this. And the rewards are great as well. Just keep it real. Simple. And positive. If you do that, everything else will fall into place.

SandPeak Realty is a leader and resource in the real estate market.

Our perspective, expertise, knowledge and technology allow us to serve. We understand that our systems, tools, and knowledge are only successful after we fully understand our customers. We are Professionals by being experts in our local markets. We value our relationships with every customer and those in our industry, within our neighborhoods, among our family, and with our friends. 

The genuine care and concern of and for our customers is our highest mission. We take very seriously our obligations to our clients. 

We strive to earn and keep their trust, to be loyal partners, to always be helpful, friendly, and courteous, and to do our best and be our best for each and every customer. We will provide superior service, timely communication, exciting presentations, and achievable results for our customers, their agents and staff, and all parties involved in the procurement of real estate. We will fulfill the needs of our clients and the experience will always be warm and relaxed, yet professional and refined.  

Our perspective, expertise, knowledge, and technology allow us to serve.

As a company and team, we are here to serve our customers, our affiliates, and the brokers and agents who help us sell our properties. Our wish is to save them time, make them more efficient, motivate and excite them, help them to grow in new directions, and to help them become experts in their own right.

We understand that our systems, tools, and knowledge are only successful after we fully understand our agents.

We always question first by analyzing every team, every link, every agent, and every system to ensure that the brokerage and individual agent have goals and accomplishments that provide both immediate and long-term rewards.   We continue to educate ourselves so that our knowledge and skills grow in order that we will be better resources for our customers. 

We are Professionals helping customers in their local markets.

By helping our agents find the best solutions to their needs, by sharing knowledge and skills, by motivating, analyzing, suggesting, and sharing the latest technology tools, the best systems, time-tested sales skills, and fresh perspectives we are helping shape agents into Experts who can then best meet and serve their clients by offering them true value and helping them save time and money, solve problems, educate them, and ease their pain.

We value relationships with every customer and those in our industry and among our family and friends. 

We give back to our neighborhoods, our communities, our churches and our causes, not because we have to, but because we want to and because it’s the right thing. We value Integrity over results, Honesty over advancement, and Loyalty over achievement.   

Specialized knowledge based on extensive preparation. Being a professional does not happen overnight. It requires many hours of study and preparation.

Professionals are expected to maintain a high knowledge level and expertise. Organizations compensate professionals for their knowledge.

Participates in ongoing training and development. A professional firmly believes in staying current in their field. This means that a professional is committed to continued training and development.

 Accepts responsibility. Professionals seek and accept responsibility. A professional is always on time and never leaves a job incomplete. They can be trusted and given high levels of responsibility within the organization. A professional is handed tasks at such a high level, that poor performance can reflect poorly on the entire organization not just the individual.

 Have a sense of ownership of their work. Professionals feel a sense of ownership and pride in everything they do. Professionals work, not to just meet organization standards, but most importantly meet the standards of their own pride in their work. Professionals work for the organization as if they were working in their own business.

 Maintain a collective networking spirit outside of the organization. Professionals understand that their work is not limited to their organization. They understand the importance of professional relationships outside of work with others in the same field.

 Maintains high standards of ethics and integrity. Professionals are driven by a code of ethics. They have a strong sense of right and wrong. Their integrity ensures that they adhere strongly to a set of values about how they do their work. Integrity leads management and others to trust the professional. They say what they will do and do what they say.

 Maintains high standards of performance. Professionals have high levels of expectations both of themselves and others. They are determined to always do the right thing and do it well. Doing a job well is more important to a professional then the number of hours that they log on the clock. A true professional is unsatisfied with poor performance. While money may be important, it is not the driving force behind the professional’s desire to put forth exemplary work. It is clear that a professional is defined differently than an average worker. While not every professional will possess every quality of a perfect professional, they do possess most of the traits as defined.

The most successful agents of SandPeak Realty exhibit these qualities:

 Should have a strong internal desire to succeed and have the ability to set and attain goals.

1. Should be able to give to others more than they receive, i.e., to their clients/customers, business acquaintances, associates.
2. Should have the proper balance of ego drive and empathy: The ability to step on someone’s shoes without destroying the shine.
3. Should be enthusiastic about themselves, the Real estate business, and continual real estate training.
4. Should like people and want to get involved with them to help them buy or sell property.
5. Should be able to think on their feet and effectively apply their training to their work
6. Should be competitive in nature but believe that selling is a cooperative reality and a win-win situation for client/customer and for associate. Should be honest and have high integrity.
7. Should be physically able to sustain long hours with high integrity.
8. Should have a neat and clean appearance.
9. Should be skilled in the psychology of good communication techniques.
10. Should be persistent and able to take rejection.
11. Should be able to seek positive, creative solutions to solve problem/challenges.
12. Should be willing to become part of a team of associates all working together for a common cause.

The promise of all employees, staff, agents, and management of SandPeak Realty to the General Public is best described in our

“5-Star Service Guarantee”

The SandPeak Realty

5- Star Service Guarantee

As Real Estate Professionals, We Promise to:

Provide an outstanding experience. We challenge ourselves every day to improve- so you receive the best service and the best experience we can possibly provide.

Strive for excellence. At SandPeak Realty, good is just not good enough. Only excellence will do.

Make you feel as if you are the most important customer we have. We want to earn your trust and loyalty and build a relationship that transcends the buying and selling process.

Offer you unparalleled Real Estate expertise. Individually and as a company we continually hone our craft, educate ourselves, improve our systems, and integrate the latest technology. We want to be the best resource we can.

Our job is to make your job easier. We prefer to say:

Real Estate. Real Simple.