Tru Realty

New Agent Onboarding Documents


PERSONAL INFORMATION SHEET

NAME:

ADDRESS:

PERSONAL EMAIL ADDRESS:

CELL PHONE #:

HOME PHONE #:

State License #:

License Expiration Date:

MLS#:

BIRTHDAY:

EMERGENCY CONTACT





NEW AGENT TRAINING SPLIT AGREEMENT

The Tru Academy, a proprietory training program, is designed for new agents with less than six traditional sale transactions or for any agent seeking additional guidance. This three week experiential curriculum teaches agents everything needed to be successful in this industry. Including, but not limited to, navigating the MLS, scripting, handling listing/buyer consultations, contract writing, negotiating, and sales tactics. After establishing an individually designed business plan, agents are then paired with an experienced mentor for their first thirteen transactions.

FEES

  • $699 one-time Training Fee

Salesperson in Training and/or Mentoring program shall be PAID on the following commission split schedule:

TRAINING PROGRAM

  • 65/35 split on traditional sales 1-3

MENTORING PROGRAM

  • 80/20 split on traditional sales 4-13

LEAD PROGRAM

  • Tru Realty: 50/50 Split
  • Opcity: 20% - 40% to Opcity after Tru Realty Split
Agent cannot qualify for a personal deal until after their 3rd completed traditional transaction. Only traditional sales count toward split progression.

AGENT NAME:      DATE:  October 6, 2022

BROKER NAME: DATE:

Tru Realty offers transaction coordinator services, marketing services, & admin services.

RESIDENTIAL COMMISSION SPLIT AGREEMENT


TRU REALTY SPLIT

  • $299 one-time System Training and Onboarding Fee
  • 85/15 Split | Minimum $299 to Tru
  • Annual Cap: After $15,000 paid to Tru, Agent receives 100% commission
  • • $85/month cap fee + $199/transaction cap fee

    * System Training and Onboarding Fee does not apply to agents using our additional training program

    ** Reaching cap does not include rental/referral/Tru Realty lead deals or admin fees


LEAD PROGRAM

  • Tru Realty: 50/50 Split
  • Opcity: 20% - 40% to Opcity after Tru Realty Split

LANDLORD/ TENANT REPRESENTATIVE

  • 85/15 split | $50 minimum to Tru

OUTSIDE REFERRAL

  • Outgoing referral: 85/15 split | $50 minimum to Tru
  • Incoming referral: paid at agent split

PERSONAL DEAL PLAN

  • $50 fee for sales price $0-25,000
  • $300 fee for sales price $25,001-75,000
  • $400 fee for sales price $75,001-100,000
  • $500 fee for sales price up to $200,000
  • $600 fee for sales price up to $300,000
  • $700 fee cap for all additional sales

Agent cannot qualify for a personal deal until after their 3rd completed traditional transaction


NON-PERFORMANCE FEE & QUOTA

  • $25/month if no closings in the preious 6 months
  • 5 transaction quota required per fiscal year other wise agent split reduces to 80/20 for the first 5 traditional sales per year
  • Anyone joining Tru Realty with less than 6 career transactions is required to go through Tru Realty training
  • Anyone joining Tru Realty with less than 5 transactions in the prior year starts at 80/20 for the first 5 traditional sales

E&O / COMPLIANCE FEES

  • $25 per transaction
  • $395 Client Fee
  • $200 client fee for sales $25,001-$75,000
  • $50 client fee for sales under $25,000
  • $99/month Tech Stack

AGENT NAME:      DATE:  October 6, 2022

BROKER NAME: DATE:

Tru Realty offers transaction coordinator services, marketing services, & admin services.

STOCK & REVENUE SHARE AGREEMENT

SIGN ON BONUSES

  • $100 stock 65/35 split agents
  • 0.01% stock of prior year sales volume for 80/20 split agents
  • 0.03% stock of prior year sales volume for 85/15 split agents

ANNUAL STOCK

  • $3,500 stock per million sales volume for 65/35 split agents
  • $3,500 stock per million sales volume for 80/20 split agents
  • $500 stock per million sales volume for 85/15 split agents

STOCK DISCOUNTS

  • 5% stock discount for 65/35 split agents
  • 10% stock discount for 80/20 split agents
  • 15% stock discount for 85/15 split agents

INFLUENCER SOCIAL POSTS

65/35 SPLIT AGENTS
  • $10 stock per social post if account has 10k followers
  • $100 stock per social post if account has 100k followers
  • $100 stock per influencer video
80/20 SPLIT AGENTS
  • $15 stock per social post if account has 10k followers
  • $150 stock per social post if account has 100k followers
  • $150 stock per influencer video
85/15 SPLIT AGENTS
  • $20 stock per social post if account has 10k followers
  • $200 stock per social post if account has 100k followers
  • $2,000 stock per social post if account has 5m followers
  • $200 stock per influencer video

TEAM BUILDING: REVENUE SHARE

  • 1.25% per transaction downline 1
  • 0.75% per transaction downline 2

Once the agent reaches the 85/15 split, they will maintain the 85/15 stock options regardless of any split changes


AGENT NAME:      DATE:  October 6, 2022

BROKER NAME: DATE:

Tru Realty offers transaction coordinator services, marketing services, & admin services.

INDEPENDENT CONTRACTOR’S AGREEMENT

THIS AGREEMENT made and entered into this day of , 20 By and between TRU REALTY LLC., hereafter referred to as “COMPANY” and hereinafter referred to As “Salesperson” (Either a duly licensed Real Estate Broker or Real Estate Salesperson will be referred to as a Salesperson, voluntarily entering into a working agreement as an Independent Contractor under the terms and conditions set forth below.)

WITNESSETH:

WHEREAS, Company is engaged in business as a Real Estate Broker, and is duly licensed to sell, offer for sale, buy, offer to buy, list or solicit prospective purchasers, negotiate the purchase, sale or exchange of Real Estate, negotiate loans on Real Estate, has and does enjoy the good will of, and a reputation for, fair dealing with the public, and WHEREAS, Company maintains an office or offices in said area, properly equipped with furnishings and other equipment necessary and incidental to the proper operation of said business, and WHEREAS, Salesperson is duly licensed and has enjoyed and does enjoy a good reputation for fair and honest dealings with the public as such. Now, therefore, in consideration of the mutual promises and agreements herein contained, it is understood and agreed as follows:

1. At Salesperson’s request and sole discretion, Company agrees to furnish such advice, information and full cooperation, as Salesperson shall desire. Company shall have no authority or right to direct or control Salesperson’s actions except as specifically required by law and Policy and Procedure Manual and Salesperson assumes and retains full responsibility and discretion for methods, techniques and procedures in soliciting and obtaining Buyers and Sellers and sales of listed property.

2. Company agrees to provide Salesperson with use, equally with other Salespeople, of all the facilities of the office or offices now operated by Company in connection with the subject matter of this agreement.

3. Salesperson agrees to work diligently and with best efforts to sell any and all Real Estate listed with Company, to secure additional listings and Buyer prospects and otherwise promote the business of serving the public in Real Estate transactions so that each of the parties hereto may derive the greatest level of service possible. Nothing herein shall be construed to require that Salesperson handle or solicit particular listings, or to authorize Company to direct or require that this be done. Salesperson assumes and agrees to perform no other activities in association with Company, except to solicit and obtain listings, represent buyers and the sale of property for the parties’ mutual benefit, and to do so in accordance with the law and with the ethical and professional standards of the National Association of Realtors.

4. Salesperson and Company agree to read and each be governed by the Code of Ethics of the National Association of Realtors, By-Laws of the State Association of Realtors.

5. The usual and customary fees, independently established by the Company, shall be charged to the party or parties for whom services are performed. When Salesperson shall have performed any work whereby a fee shall be earned and when such fee shall have been collected, Company and Salesperson shall each be entitled to a division of the fee as determined by the current fee schedule set forth in the commission split agreement. In the event of special arrangements with any client of Company or Salesperson, special Company fee schedules may apply, but are to be agreed upon and outlined in writing by Company and Salesperson before completion of the transaction.

6. In the event that two or more Salespeople participate in such work, or claim to have done so, the amounts of the fees as provided in the current fee schedule shall be divided between the participating Salespeople according to current guidelines. These guidelines may from time to time be amended in the Company’s Manual.

7. Company will receive Company and Salesperson’s fees. Such fees, however, shall be payable to each party upon collection or as soon thereafter as practical. When the fees have been collected from the party or parties for whom the service was performed, at Salesperson’s instruction, Company shall pay Salesperson’s fee; however, Company reserves the right to hold said fee until Broker signs the commission agreement form and the file is in compliance per the electronic filing system. Company shall otherwise have no right to Salesperson’s fee nor shall it ever be deemed Company’s property for any purpose, except as herein provided.

8. In no event shall Company be personally liable to Salesperson for Salesperson’s share of fee not collected; nor shall Salesperson be entitled to any advance or payment from Company upon future fees; Salesperson’s only remuneration being the fee paid by the party or parties for whom the service was performed; nor shall Salesperson be personally liable to Company for a fee not collected.

9. Company shall not be liable to Salesperson for any expenses incurred by Salesperson or for any of Salesperson’s acts except as specifically required by law; nor shall Salesperson be liable to Company for office help or expense except as stated in the Company’s Manual. Salespeople shall have no authority to bind Company by any promise or representation unless specifically authorized in writing in a particular transaction. Expenses which must be paid from the fee, orare incurred in the collection of, or in the attempt to collect the fee, such as legal fees, shall be paid by the parties in the same proportion as provided for herein in the division of fees. Salesperson agrees to provide and pay for all necessary professional licenses and dues. Company shall not be liable to Salesperson for membership or other professional fees.

10. This agreement does not constitute a hiring by either party. It is the parties’ intention that so far as shall be in conformity with law, the Salesperson be an Independent Contractor and not Company’s employee, and in conformity therewith that Salesperson retains sole and absolute discretion and judgment in the manner and means of carrying out selling and soliciting activities. Therefore, the Salesperson is, and shall remain, an Independent Contractor bound by the provisions hereof. Salesperson is under the control of the Company as to the result of Salesperson’s work only and not as to the means by which such result is accomplished. This agreement shall not be construed, as a partnership and Company shall not be liable for any obligations incurred by Salesperson.

11. In accordance with law, Salesperson agrees that any and all listings of property and all employment in connection with the Real Estate business shall be taken solely in the name of the Company. Such listings shall be filed with the Company within twenty-four (24) hours after receipt of by Salesperson. Salesperson shall receive a fee in accordance with the current fee schedule set forth in the commission agreement (as from time to time may be amended by the Company) based upon fees and actually collected from each listing solicited and obtained. In consideration thereof, Salesperson agrees to and does hereby contribute all right and title to such listings to the Company for the benefit and use of Company and all other Salespeople associated with Company to whom Company may give the listing. Upon termination of this agreement by either party as herein provided, Salesperson hereby waives his right to fees from amounts subsequently collected from listings solicited and obtained by him, but nothing herein shall affect the right to fees earned from sales actually made by Salesperson, except herein provided.

12. When this agreement has been terminated for any reason, the Salesperson’s regular proportionate share of the fee on any sales Salesperson has made that have closed shall be considered the Salesperson’s property, and upon closing said sales, said proportionate share of the fee shall be paid to Salesperson except as herein provided. Notwithstanding the provisions, listing fees will be paid at closing to the departing Salesperson, only if property has been sold before the termination date of this agreement.

13. In the event Salesperson leaves and has sales pending that require further work normally rendered by Salesperson, the Company may, at its discretion, complete the work or make arrangements with another Salesperson in the Company to perform the required work and the Salesperson assigned shall be compensated up to 25% of the listing fee and/or 25% of the sales fee for completing the details of pending transactions and such compensation shall be at the sole discretion of the Company and deducted from the terminated Salesperson’s share of the fee.

14. This agreement and the association created hereby may be terminated by the Company, for any reason, upon two (2) days written notice to Salesperson, and Salesperson may terminate by giving thirty (30) days written notice to the Company. Failure to provide thirty (30) day notice may result in forfeiture of pending earnings at discretion of management. The rights of the parties to any fees earned prior to said notice shall not be divested by the termination of this agreement, except as herein provided.

15. Salesperson is prohibited from severing and/or transferring real estate license previous to paying back any and all monies owed to company.

16. Upon termination, all property of the Company in Salesperson’s possession, including manual, listing books and records, prospect records, forms, lockboxes, signs, executed agreements and instruments, files, et cetera, shall be returned immediately to the Company, leaving absolutely nothing pertaining to the Company in the Salesperson’s possession.

17. Comingling of funds is strictly prohibited and is grounds for immediate termination at the discretion of Company.

18. Salesperson agrees to hold Company harmless of any liability associated with any event or function at which alcohol is served.

19. Decisions to take legal action to collect fees due shall rest solely with Management. Expenses of collection shall be deducted from the total amount recovered and the balance to the Salesperson on a 100% fee schedule regardless of any increased fee arrangement. It is understood, however, that if a lawsuit is instituted and the case is lost, the Salespeople involved must take on all expenses connected with the lawsuit.

20. If any transaction in which a Salesperson is involved results in a dispute, litigation or legal expense, the Salesperson shall cooperate fully with the Company, and the Salesperson shall absorb all expenses connected therewith. It is the policy of the Company to avoid litigation whenever possible and Management reserves the right to determine whether or not any litigation or dispute shall be prosecuted, defended, compromised or settled, and the terms and conditions of any compromise or settlement and whether or not legal expense shall be incurred.

21. It is agreed that upon termination for any reason, Salesperson shall not, from the day of termination forward, use to Salesperson’s own advantage, or to the advantage of any other person, party or corporation, any information gained for or from the association and the files or business of the Company.

22. Salesperson shall always consider that all information, forms, manual, et cetera gained for and from the files or business of the Company are strictly confidential and hereby warrants to always act accordingly while with the Company and upon retirement or termination of this agreement.

IN WITNESS THEREOF, the parties hereto have signed and sealed these terms on the same day and year first above mentioned.


THE COMPANY BY:


SALESPERSON BY:

AUTHORIZATION FOR CREDIT CARD USE

PRINT AND COMPLETE THIS AUTHORIZATION AND RETURN.

ALL INFORMATION WILL REMAIN CONFIDENTIAL


NAME ON CARD:       PHONE:  

BILLING ADDRESS:  

CREDIT CARD TYPE:  


CREDIT CARD NUMBER:     EXP:  

CARD IDENTIFICATION NUMBER:  

(last 3 digits located on the back of the credit card)  

RECURRING MONTHLY CHARGES
Training Fee (please initial next to preferred option):
1. Payment of $699
2. Payments of $400 (paid 1 month apart)
3. Payments of $300 (paid every 1 month)
Tech Stack charged monthly on the 15th: $99.00


I authorize Tru Realty to keep on file and charge the credit card provided herein. I agree to pay for these purchases in accordance with the issuing bank cardholder agreement.

CARDHOLDER DETAILS:
DATE:  October 6, 2022
PRINT NAME:  


DIRECT DEPOSIT AUTHORIZATION FORM

PLEASE PRINT AND COMPLETE ALL THE INFORMATION BELOW

NAME:  

ADDRESS:  

CITY, STATE, ZIP:  

NAME OF BANK:  

ACCOUNT #:  

9-DIGIT ROUTING #:  

TYPE OF ACCOUNT:  

PLEASE ATTACH A VOIDED CHECK FOR EACH BANK ACCOUNT TO WHICH FUNDS SHOULD BE DEPOSITED.

TRU REALTY IS HEARBY AUTHORIZED TO DIRECTLY DEPOSIT MY CHECK(S) INTO THE ACCOUNT LISTED ABOVE. THIS AUTHORIZATION WILL REMAIN IN EFFECT UNTIL I MODIFY IT OR CANCEL IT IN WRITING.

AGENT NAME:     SIGNED DATE:  October 6, 2022



AGENT LEAD REFERRAL AGREEMENT

As a real estate agent associated with Tru Realty, I understand that In order to receive leads/referrals, I must subscribe to and remain current on payments to the CRM offered through Tru Realty. I further agree that should I accept a lead/referral from Tru Realty and subsequently close a transaction with such lead/referral, I am bound to the lead/referral payment obligation even if I were to depart from Tru Realty. This agreement also includes any lead/referral that is referred by lead/referral to Tru Realty and its agents as noted in the lead provider’s referral agreement. Any conflicts shall be resolved by the Broker (or management). The value associated with the lead/referral is not disrupted by the transfer of brokers and my benefiting from the lead/referral without paying the lead/referral fee is considered unjust enrichment.

Occasionally for a purchase transaction, when the sales price of the property is low, the stated MLS commission agreement may not be adequate to cover the agent's commission, broker and/or referral costs. In these cases it is highly advisable to use the (AAR) Buyer Broker Exclusive Employment Agreement and have your buyer agree to pay at least of portion of the buyer side commission so the agent does not come out of pocket to pay any fees. Please contact your Trainer and/ or Management for instructions on how to use this form.

By participating in the Tru Realty lead/referral program, I agree to this agent lead/referral agreement and understand that it may be updated from time to time. I understand I am obligated to pay any lead/referral amounts owed to Tru Realty and or any of its referral partners, for any transactions executed with a lead/referral for twenty-four (24) months (the "Lead/Referral Coverage Period") notwithstanding a termination in my relationship with Tru Realty. I understand that Tru Realty retains the right to pursue me individually for lead/referral amounts owed and to notify any new broker that I enter into a contractual relationship with of my obligations (including providing a copy of this agent referral agreement).

By signing below, I understand that Tru Realty also retains the right to contact the lead/referral regarding my payment obligation.


AGENT NAME:     DATE:  October 6, 2022

BROKER NAME: DATE:


ADMINISTRATIVE FEE DISCLOSURE FORM

Agent understands all represented clients must sign this document for every file with the exception of residential leases, personal deals and outgoing referrals.

PROPERTY ADDRESS:

DATE:  October 6, 2022

In order to comply with Federal, State and local law, government regulations and requirements, and the protection of our customer(s) and clients(s) Tru Realty, LLC maintains copies of all transaction documents in perpituity for a period of five (5) years from close of escrow. In order to fulfill requests for such documents within this time frame Tru Realty, LLC collects an administrative fee. Such fees shall be collected and placed on the settlement statement in the amount of $395.00, $50 for purchases of $25,000 or less and $200 for purchases of $25,001-75,000.

These expenses include but are not limited to the costs of storage, delivery, processing, scanning, printing and most importantly Broker Advice as needed post closing. This administration fee covers all these additional costs to Tru Realty, LLC and enables Tru Realty, LLC to continue the commitment to providing our customer(s) and client(s) the highest level of service in the industry and to ensure compliance and the utmost client care in our transactions.


CLIENT NAME (1): DATE:

CLIENT NAME (2): DATE:

NOTES:


AGENT NAME:     DATE:  October 6, 2022
AGENT TRU REALTY, LLC


POLICY & PROCEDURES

PREFACE

The purpose of this Manual is to set forth basic policies and general guidelines to be followed in the day-to-day operation of the Company. It can never be so complete as to cover every incident, nor can it answer every question. In any matter not covered by this Manual, Management will decide and be guided in such decisions by experience, the Realtors Code of Ethics, the Multiple Listing Service (MLS) Rules, and the laws and regulations of the State Department of Real Estate, all of which are incorporated herein by reference.

Management will, from time to time, make additions and revisions that will be announced and published to become effective with reasonable notice. A copy of this Manual is always available for reference. Tru Realty LLC. is herein referred to as Tru Realty, Company, Broker or Brokerage, Office, Firm or Management, and Associates shall be referred to as Salespeople or Agents. The association of the Company to its Salespeople is that of Independent Contractor and no Employer/Employee relationship exists or is to be implied from any title, provision or language used in this Manual. One important goal of Tru Realty is to provide the greatest possible opportunity for personal and economic satisfaction for its Salespeople. Ultimately, however, the success of Salespeople is theirs to make. They are, in many ways, in business for themselves and will be respected as such.

The object of the Company is to make a profit. This can only be attained through our integrity, high principles and the ability to obtain results in all Real Estate matters. Every Salesperson is a part of our reputation and is expected to uphold it.


GENERAL GUIDANCE PRINCIPLES

Agents agree to abide by and remain current on all local, state, and national associations, MLS, and all State Department of Real Estate policies, rules and regulations. Agents must provide to Management any address or other Personal Information changes within 10 days of change. These include changes to physical residence address, mailing address, telephone number, email address, Credit Card information on file, and all W9 or Direct Deposit Banking updates.


BROKER-SALESPERSON RELATIONSHIP

The opportunity is taken here to remind each Salesperson to read, and from time-to-time re-read, the State Real Estate License Law. Salespeople are required to follow the law to the letter. The Company does not effectively hire a Salesperson nor should the Salesperson conduct any real estate business until the Company receives the Salesperson’s real estate license. Only a licensed Salesperson can be paid a brokerage fee by the Company. Salespeople are reminded, particularly, that the Broker is responsible for their acts to the extent provided by law and regulations. Should the actions of a Salesperson create a monetary and/or legal obligation to the Company said costs shall be that of the Salesperson and not the Company. It is our belief that if Salespeople adhere carefully to the forthcoming guidelines, the Broker will never have occasion to appear with them before the Real Estate Commission. Salespeople are reminded, again, that they are Independent Contractors. The Company shall have no obligation to withhold taxes or Social Security from brokerage fees. To the benefit of both the Salesperson and the Firm, an Independent Contractor Agreement shall be signed by both parties.


ETHICS

Defined simply, the word ETHICS means moral principles and quality of practice. In the Real Estate business, ethics govern our professional relationship with our prospective buyers and sellers and with our fellow Realtors. Our ethics represent our honesty, integrity and spirit of proper conduct. The Company is a member of the National Association of Realtors and the State Association of Realtors. Each Salesperson, after obtaining a State Real Estate License and association with the Firm, shall make an application for membership in the required Association of Realtors. Each Salesperson in this Company should read the Code of Ethics as set forth by the National Association of Realtors and the codes adopted by our State Association, Local Association and Multiple Listing Service. It is fundamental to say that to be successful, one must be ethical.


CONDUCT

Tru Realty defines our ethical approach in terms of a number of discrete components. Typically these include Honesty, Integrity, Transparency, Accountability, Confidentiality, Objectivity, Respect, Obedience to the law, and Loyalty. In the office, the Golden Rule must be remembered. One must remember that all Salespeople are independent business people. They are entitled to respect and must be given the opportunity to concentrate on outlining their day’s activities and conduct business without unnecessary interruptions. Good fellowship and a sincere desire to be cooperative and helpful is encouraged. The office is not a place in which to loiter and all Salespeople are requested to use it strictly as a place of business.



OPERATIONAL GUIDELINES

AGENCY RELATIONSHIPS (varies by state)

The Company allows the following relationships with clients. (1) Seller’s agent; (2) Buyer’s agent (aka Selling agent); (3) Broker may assign; (4) Landlord and Tenant leasing representation.

a. The Company represents sellers exclusively when we are the listing agent but not the selling agent.

b. The Company also represents the buyer exclusively when we are the selling agent and not the listing agent.

c. In the event any party to the real estate transaction is also represented by another licensee who is affiliated with the Company, the Broker may assign a licensee to act for each party, respectively. Agency is established with the Broker, not the Salesperson. Each licensee shall not disclose, except to the Broker, confidential information relating to the client.

d. When selling an unlisted property of an owner, the Company shall represent the Buyer exclusively. In addition, an Unrepresented Seller Compensation Agreement should be signed by the seller prior to showing. When a Salesperson acts as the buyer’s exclusive blanket representative, the state specific Real Estate Agency Disclosure and Election form must be used. Great care must be taken to avoid any undisclosed Dual Agency Relationships!

e. The Company DOES NOT allow dual agency when the Agent is acting as an owner of the property and listing their own home or investment. There is too much liability on the Broker and the Agent. The Agent must find a selling member to act on behalf of the Buyer. No dual agency shall be accepted by the Company without prior approval of Management and the Broker. If a dual agency is accepted then the consent to limited representation form must be signed by all parties to the transaction and approved by the Broker. Salespeople understand that rules and forms may vary from State to State, and are required to abide accordingly.


AGREEMENTS - DELIVERY

A copy of any written instrument must be given to the client or prospect when it is signed. This is especially important if the document is a contract. In order for there to be acceptance of an agreement by a party, delivery to that party is required.


AGREEMENTS - EXPLANATION

Explain all provisions and ask if the document is completely understood. Without exception, they should read all contracts and agreements affecting the rights and liabilities of the parties. Salespeople should never deny a client adequate time to read all documents and seek an understanding of said documents prior to executing them. If a client or prospect has difficulty in speaking, reading or understanding the English language, advise the party to retain an attorney or interpreter of their choice and expense. Should the party decide to rely on the advice of a relative, friend, interpreter or other person, that other person should sign as a witness to any agreement. If Salespeople feel that a party does not understand the obligations or conditions of a transaction, they should recommend that an attorney be retained. Salespeople are not to provide legal advice nor are they to offer to interpret the meaning of the agreements we use. The burden of reading and understanding the documents we use is that of the client.


AREAS OF EXPERTISE

A Salesperson shall not offer real estate services to the public that is outside that Salesperson’s expertise. These services should either be referred to a competent Salesperson or Salesperson should work in conjunction with a competent Salesperson.


ATTORNEYS

Attorneys send us a great deal of business and we appreciate it. It is generally a great advantage to a Broker when a party to a transaction is represented by counsel, and it is important that a Salesperson inquires as to the correct name of the attorneys representing the parties. Under no circumstances is representation by an attorney to be discouraged, but rather it is to be encouraged. The Company advises all parties in a transaction to obtain the services of an attorney.


AUTOMOBILE INSURANCE

Salespeople shall furnish their own automobile and pay all expenses thereof and shall furnish Management with a memorandum showing the name of the Company with whom insured, policy dates, type of coverage and limits of liability for personal injury and property damage. Liability of $100/300,000/50,000 is acceptable. However, higher coverage is recommended. The Company recommends that clients and prospects follow Salespeople to property showings, etc. in their own automobiles if at all possible.


BUSINESS BROKERAGE

The Company does not offer Business Brokerage. Salespeople shall not under any circumstances enter into any business brokerage other than business’ in which the Salesperson has an interest in without prior approval of the Broker and Management. Should the Broker and Management approve and agree to allow a Salesperson to provide Business Brokerage services to the public, said Salesperson must first obtain a Business Broker Permit as required by law.


BUSINESS CARDS

Broker will supply each sales person with their first two hundred fifty business cards. All future business cards to be ordered by the Salesperson through Tru Realty’s preferred vendor and chosen from Tru Realty’s pre-approved templates. The cards should be uniform, bear the Firm’s logo, contain the Realtor logo, Fair Housing logo and MLS logo.


BUYING AND SELLING PROPERTY

The Company does not object to Salespeople buying or selling Real Estate as individuals. When Salespeople are buying individually they must inform all parties that they are licensed real estate Agents. Salespeople buying or selling for their own account are required to handle the transaction in a normal manner and run it through the Company. Errors and Omissions Insurance coverage is paid for through the Brokerage and is required on all Owner Agent transactions. The Company does NOT ALLOW dual agency for Owner Agents, Agents must insure Buyers have another Agent representing them in the transaction. However, all such transactions should be discussed with Management prior to completion of the transaction. In the case of a personal Lease, whether an Agent is Landlord/Owner or Tenant, if the property is marketed on the local MLS, and/or a commission is being paid on either side of the transaction, this must be handled in a normal manner and entered into the Company's Transaction Management Platform. The standard Broker fee shall apply in these cases.


CHARGEABLE EXPENSES

Salespeople shall pay for cellular phones and other devices. These must be ordered and paid for on an individual basis by each salesperson. In general, Salespeople pay for personal business expenses such as insurance, license fees, trade association memberships, sales promotional items and business cards. Other specific expenses chargeable to Salespeople are mentioned throughout this Manual.


CHARGEABLE ITEMS

Salespeople shall not order or contract for any services in the name of the Company without first obtaining approval in writing from Management. On any Company pre-approved items billed to the Company, and chargeable to a Salesperson, an account is kept and at the end of each month, the Company shall be reimbursed. If unpaid at the time the next brokerage fee is paid to the Salesperson, the Company will deduct the amount charged. Agents are required to keep a current and valid Credit Card on file with the Brokerage at all times. Agents who have not had a traditional closing (excludes rentals and outside referral) transaction within the previous six months shall be charged a monthly inactivity fee (please refer to Management for current amount) until their next traditional closing. Also, all Agents who have capped and are on the 100% plan will be charged a monthly and transaction processing fee starting the following transaction after the cap was reached. For all credit card charges, with the exception of normal recurring charges but including all late payable payments owed to Company, Agent shall be subject to a 10% service fee for each charge.


COMPLAINTS AGAINST OTHER OFFICES

Salespeople who have complaints against other offices should consult with the Broker at once. Complaints against other offices should never be discussed with buyers, sellers or other Salespeople.


CONFLICT OF INTEREST

Our dedication to our clients demands that we put their interests above our own. It is critical that we avoid the appearance of a conflict of interest, such as between the firm and our clients or between our people and our clients. Every situation must be considered and navigated with an unyielding, client-centric focus. Any activity, investment, or relationship that raises a potential conflict of interest should be avoided. This includes firm individuals taking advantage of business opportunities they learn of through their work. If you become aware of an actual or potential conflict, discuss the matter promptly with your supervisor, Compliance, Legal, or other appropriate group within the firm.


CONFIDENTIAL RELATIONSHIP

It is a good practice to keep personal or business problems of clients strictly confidential and they should not be discussed with others.


CONTACT WITH OFFICE

It is apparent that the Salespeople should keep in close contact with the office. This suggests that Salespeople notify the office where they may be reached. As an independent contractor to the Company, the Company does not restrict, offer or define sick days or vacation days. Salespeople are responsible for the coordination of the Salesperson’s business by a fellow Salesperson in the Salesperson’s absence. Broker is available after hours and weekends in the event of URGENT or EMERGENCY related matters, and ask Agents to be respectful of after hours contact requests.


CORRESPONDENCE, DOCUMENTATION AND COMMUNICATION, RETENTION OF COPIES

Each Salesperson shall maintain a transaction log on all transactions. An entry is to be made with each contact with buyer, seller, escrow, lender, inspectors and all other parties that played a role in any transaction. The transaction log shall then become a part of the permanent file; the Company uses a specific web-based transaction management system. Backups may also be kept in, but not limited to dropbox, BOX or Google drive.


CRIMINAL CHARGES OR CONVICTIONS

Criminal convictions are taken seriously at Tru Realty . We reserve the right to disqualify any potential Agents that have been convicted of a criminal offense. Furthermore, conviction of a crime during employment may result in an automatic termination. Tru Realty will make every effort to evaluate the nature and circumstances of the conviction. With the safety and well being of co-workers at stake, convicted employees may be subject to appropriate disciplinary action, up to and including termination.


VIOLENCE

Threats of violence or acts of violence are strictly prohibited. Agents threatening or committing acts of violence will be subject to appropriate disciplinary action, up to and including termination.


WEAPONS

Weapons are generally defined as guns, knives and other objects universally considered a weapon by the vast majority of society. A “weapon” can also be any object which would do harm to another when used as such. Tru Realty shall deem any such object a “weapon” for the purpose of enforcing this policy. Due to the nature of the business activities of Tru Realty, certain agents may choose to possess approved, registered and permitted weapons. Agents are required to notify all clients that they are in possession of a “weapon”. Other than as described above, possession of weapons is prohibited on Company property and while on duty performing company business at any company location. Any employee on duty or on company premises in possession of an unauthorized weapon will be subject to appropriate disciplinary action, up to and including termination.


ALCOHOL, MARIJUANA, DRUGS & ILLEGAL SUBSTANCE ABUSE

Possession of illegal drugs or other illegal substances is not permitted on company property, or while acting as an agent of Tru Realty. Furthermore, agents are not permitted to conduct business for Tru Realty while under the influence of alcohol, marijuana, illegal drugs or other substances. Agents failing to adhere strictly to this policy will be subject to disciplinary action, up to and including termination.


SEXUAL AND OTHER UNLAWFUL ADVANCES

It is the objective of Tru Realty to provide an environment free from discrimination and conduct commonly referred to as sexual harassment. It is general in nature and may not always be clear when evaluating everyday situations.

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

b. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

Sexual harassment refers to behavior inappropriate because it is offensive, unwelcome behavior which would not occur but for the sex of the offended person. Both sexual harassment, and accusations of sexual harassment, are disrupting to Tru Realty.

If you experience what you believe to be sexual harassment or accusations of sexual harassment, report it promptly to your broker who will investigate any employee or client, regardless of job position when such allegations are made. Based on available information, Tru Realty will take appropriate action and communicate on a need-to-know basis. Appropriate disciplinary action, up to and including termination will be taken against any individual for sexual harassment charges determined to be valid.


DOMESTIC VIOLENCE STATEMENT

Tu Realty recognizes that domestic violence can have an adverse impact on agent performance. Tru Realty will assist agents affected by domestic violence, both the victim and the abuser within reasonable guidelines. Information will remain confidential as long as the safety of others is not at risk.


DISCRIMINATION AND HARASSMENT

Discrimination and Harassment We can only succeed when everyone at the firm feels encouraged, safe, and comfortable bringing their authentic selves to work. To that end, we prohibit any form of discrimination, harassment, bias, or prejudice on the basis of any characteristic protected by law or our policies. This applies whether it is committed by or against an employee, client, vendor, or visitor, whether it occurs on or off premises, at work-related events or after work. Everyone is responsible for creating a culture of respect at the firm. We expect all of our people, regardless of jurisdiction or location, to uphold a zero tolerance policy for discrimination and harassment. Harassment or other inappropriate conduct can occur in many ways, including through jokes and derogatory comments, and can be obvious or subtle. Regardless of its form, it is each person’s responsibility and obligation to speak up and report such conduct if observed.


DIVERSITY AND INCLUSION

Tru Realty is essential to our success as a firm: it keeps us at the edge of innovation, helps us assemble and leverage the best talent, and allows us to respond to the needs of our clients while ensuring that our people can achieve their personal and professional potential. To cultivate a diverse workforce, we must draw on the largest possible pool of potential team members. We seek to attract and retain a diverse network of people from across the globe who bring with them a wide range of backgrounds, cultures, perspectives and experiences. We empower people to bring their authentic selves to work by maintaining an inclusive environment that welcomes diverse perspectives and encourages collaboration so that we can excel together. We aim to increase the representation of diverse and underrepresented groups across all seniority levels through numerous firm-sponsored initiatives and groups


DRESS CODE & HYGIENE

It is suggested that all Salespeople dress neatly and appropriately, in accordance with good business practice. In addition to adhering to a professional dress code, proper personal hygiene is a must. Agents are to be aware that strong perfume, cologne, or body odors can be offensive to others, and must therefore strive to be acutely aware of this at all times. In order to ensure that employees and Agents are presenting themselves to our clients appropriately and that the Company is being properly and professionally represented as an organization, the following hygiene requirements are applicable to everyone:

a. Maintain personal cleanliness by bathing regularly

b. Good Oral hygiene, including regular brushing of teeth, is required

c. Use of lightly-or-unscented deodorants/antiperspirants to control body odor is a must *Must not wear heavily scented perfumes, colognes or lotions. These can cause allergic reactions, migraines and respiratory difficulty for other employees, Agents, clients, and guests

d. Clean & trimmed fingernails (1/4 inch long or less)


ERRORS AND OMISSIONS

A sound ethical work discipline, coupled with preparedness, is a great deterrent to litigation. However, we are now the most litigious society on earth, hence the need for errors and omissions (E&O) Insurance. This coverage provides varying degrees of protection against claims for professional services. This coverage does not usually protect the Salespeople in the areas of commingling, misrepresentation, fraud, personal injury, liable, and slander, among other limitations. Salespeople shall hold and save the Company and its Broker harmless against all claims that may arise from such action(s). Costs of E&O Insurance shall be paid by the Salesperson on each closed transaction through the negotiated split. Deductibles and judgments not paid by the E&O carrier shall be borne by the Salesperson. In the event a Salesperson is served with a lawsuit, threat of lawsuit or a complaint before the Real Estate Division or Professional Standards, the Salesperson shall notify Management immediately in order to make a timely report to the Carrier.


EXPENDITURE OF OFFICE FUNDS

Management shall not be liable to the Salespeople for any expenses incurred by them, or for any of their acts, nor, except as otherwise stipulated in this Manual, shall the Salesperson be liable to Management for office help or expense. Salespeople have no right to spend money of the Firm without consent of Management. This applies to cards, signs, advertising, lockboxes, client credits, etc. If Salespeople desire such money to be spent they must speak to and make arrangements with Management.


FAIR DEALINGS

Our success as a firm is built upon our legacy of fair dealing through superior client service and partnership. Our commitment to doing the right thing and treating clients fairly means we do not seek competitive advantages through unethical or illegal practices or take advantage of anyone through manipulation, concealment, abuse of information, or misrepresentation.


FIDUCIARY DUTIES

The Salesperson should ascertain all pertinent facts concerning every property for which the Salesperson accepts the agency, so that the Salesperson may fulfill the Salesperson’s obligation to avoid error, exaggeration, misrepresentation or concealment of pertinent facts. As a licensee and Independent Contractor, the Salesperson shall make a diligent effort to discover and disclose all adverse material facts that may adversely affect a property for which the Salesperson accepts the agency. In addition, all documents and closing costs shall be reviewed by both Salesperson & Clients. In the case of a discrepancy, Salesperson shall alert title/escrow and/or lender as soon as possible and before closing date to resolve the issue. Any fees that are not correct or are omitted from the final settlement statement at closing that belong to Tru Realty (including but not limited to Commissions, Administrative Fees, etc.) shall be deducted from the Agent's portion of the commissions.


HANDLING OF COMPLAINTS

Should a Salesperson receive notice from a client or their attorney expressing any level of concern over how they were treated by the Company in a transaction, the Broker is to be notified immediately. In the event a forfeiture of E&O coverage occurs due to the lack of timely notice to the carrier, that person shall be accountable to pay all costs associated with defending and paying any judgments that may ultimately be assessed. Management will first notify the E&O carrier of the potential litigation then seek a resolution through direct negotiation with the parties. Should that effort fail, the Broker will attempt to mediate the dispute through the Realtor Association. Under no circumstances shall a Salesperson attempt to resolve the dispute on their own.


KEYS

A great trust is given to a Salesperson with an owner’s keys and they are not to be given to purchasers, pending the permission from the seller. If buyers wish to inspect a home, the selling Salesperson should be present. Keys may be given to appraisers or inspectors as authorized by the seller. Under no circumstances, may a Salesperson issue a key to an unlicensed party. The Company never recommends allowing buyers to move in, even partially, or do any work on a property prior to closing. If early possession is to be provided, a Broker approved Pre-Possession Agreement must be completed and signed by all parties prior to giving possession. When using a key to enter a home when the seller is not expected to be there, be sure to ring the doorbell and wait a reasonable time. Then use the key, but upon entering the house, call out: “Realtor” to determine again that there is no one at home. Salespeople should never allow their clients or prospects access to any part of the home without the Salesperson present. If the home is entered by using a key, be sure to leave your business card in a conspicuous place noting the time of day you were there. Salespeople using a key should, before leaving the property they have shown, check all doors and windows to determine that they are securely fastened or locked, since possession of keys represents a major responsibility that we have assumed. Upon a closed sale, keys should never be given to anyone before recording, and should never be removed from a lockbox by a buyer's agent without permission from the seller, and then only upon recordation.


LEGAL ADVICE

A salesperson must not give legal advice, directly or indirectly. This includes advice in regard to the legal rights of the parties, the legal effect of notices and instruments and matters affecting the title, and any tax consequences. When a question is raised by the buyer or seller and the Salesperson knows the answer, but might be bordering on legal advice, it must be made clear that only attorneys can give such advice. Salespeople should never make the choice for, or advise the buyer on how to take title to property. No Salesperson is authorized to render legal, appraisal or tax advice to any person. No charges shall be made for opinions of property value and all opinions of value shall contain a statement disclaiming them as guarantees of value.


LETTER WRITING

All letters, direct mail or any other written communications involving the Company, directly or indirectly, should be approved by Management prior to mailing.


MESSAGES

All calls or messages for Salespeople shall be forwarded and delivered to the Salesperson in a timely manner. It shall be the Salesperson’s responsibility to pick up these messages and to service all calls immediately.


NON RETALIATION

As noted throughout, it’s the responsibility of every individual at Tru Realty to escalate potential legal, regulatory, and ethical breaches, including violations of this Code as well as our core values and our Business Principles. This includes any instances of retaliation. Tru Realty strictly prohibits retaliation against anyone who in good faith reports a possible violation, no matter who the report involves.


OBLIGATING THE BROKER AND BROKER SIGNATURE REQUIREMENTS

A Salesperson shall have no authority to bind the Broker by any promise or representation unless specifically authorized in writing. This includes, but is not limited to, signing commission instructions on behalf of the Broker, commission changes, escrow changes, license renewal, listing releases, and mutual cancellation.


OFFICE RECORDS AND TRANSACTION FILES

Copies of all contracts and agreements, as well as copies of all letters pertaining to Real Estate transactions, must be given to the Broker and filed for each transaction in accordance with Company Policies stated herein. Documents to be kept on file per state requirements.


OFFICE USE

The Company provides workspaces and conference rooms. All private rooms must be reserved and approved by Office Staff prior to use. Office hours may vary from location to location, and it is the responsibility of each Salesperson to know and abide by the hours at each location.


PERSONAL ASSISTANTS

The employment of a personal assistant is encouraged:

a. The Salesperson who elects to hire a licensed assistant shall meet with management to determine how the assistant shall be compensated. Company requires all assistants to be approved by management. All assistants who engage in any real estate activity must be licensed.

b. If the personal assistant is a licensee, said personal assistant shall be a member of the Association of Realtors. The payment of dues and other fees resulting from membership shall be substantiated by an agreement between the Salesperson and the assistant and on-file with Management.

c. All referral fees, bonuses or sharing of commissions with a licensed assistant shall be disbursed through the Company.

d. If the assistant is unlicensed, the assistant shall not be permitted to unlawfully engage in LICENSED professional real estate activity.

e. An unlicensed personal assistant shall not directly or indirectly, solicit or attempt to solicit real estate business of any type.

f. The Salesperson agrees to indemnify the Company for any errors or omissions of or damages caused by the Salesperson’s assistant.

g. All other terms and conditions of employing a personal assistant shall be cleared and approved by the Broker prior to affecting such employment, or the amendment of an existing agreement. Transaction Coordinator resources are available within Tru Realty. All transaction coordinators must be approved by management and contracted by Agents for their services.

h. If Tru Realty is holding their license, these Assistants must go through Company's normal onboarding process.


PERSONAL INFORMATION CHANGES

Agents must notify the Broker whenever there is a change in their personal information on file with TRU REALTY. This includes address, phone number, income tax withholding information, emergency contacts and if applicable, any information which may impact your insurance coverage.


PRIVACY AND DATA PROTECTION

The Brokerage is subject to various privacy laws in the jurisdictions in which it operates. The definition of “personal data” can vary widely, but generally includes information that relates to an identified or identifiable individual (e.g., name and address, government identification number). The relevant data protection laws require the firm to be transparent about how it collects, uses, and discloses personal data. These laws also mandate security controls to protect personal data, and they contemplate taking appropriate steps in situations where personal data may have been improperly disclosed or subject to unauthorized access or misuse. Several laws grant individuals some degree of control over how the firm processes their personal data. Our people and agents are required to: comply with applicable data protection laws and the privacy policies of the businesses of which they are a part; keep personal data secure; and escalate incidents involving the potential misuse of personal data. If you have concerns regarding the above, contact your Compliance or Legal coverage.


PROPERTY MANAGEMENT AND SHORT TERM VACATION RENTALS

The Company does offer Property Management services for short term vacation rentals and does maintain a Trust account for property management only. Broker and Management must approve and agree to allow a Salesperson to provide Property Management services to the public.


PROSPECTS - REASSIGNMENT

Management shall have the right to assign a prospect to another Salesperson if it appears that the prospect is being neglected or improperly handled. If Broker must take over a file, the Agents commission shall be adjusted to compensate Brokerage for any additional hours inflicted above normal procedure and as deemed appropriate per file.


REAL ESTATE ASSOCIATION ACTIVITIES

Membership in a local Association of Realtors, the State Association of Realtors, and the National Association of Realtors, is required of all Salespeople working residential Real Estate. Salespeople should, within their time limits and abilities, support the Association programs and activities and attend educational programs, whenever possible. Tru Realty shall not participate in paying any Agent Association or MLS memberships, dues, or fees.


REAL ESTATE ASSOCIATION - REALTOR’S DUES AND MLS FEES

It is each Salesperson’s responsibility to pay all Association of Realtors dues and MLS fees when due. If the Broker is notified that these fees are not paid then the Broker will have no choice but to prepare a transfer and drop notice and/or real estate license termination. Any waivers to this rule must be approved in advance by Management.


REAL ESTATE OFFICE “TEAMS”

Management allows Agents to form teams within the Brokerage, all members of the team are still agents of Tru Realty. Each team is allowed to create and Co-Brand its team logo with the Brokerage logo as long as all co-branding coincides with the Social Media section of this agreement, and adheres to all License Law regulations. Furthermore, each team is responsible for filing with the Brokerage a Tru Realty Standard team agreement on an annual basis, or at any time when changes are made. It is up to the team leader to direct Management on all updates. Each team member shall have a current and executed copy of the Tru Realty Standard team agreement on file as well. All Co-branded marketing material shall be pre-approved by Management ahead of printing and marketing efforts. Should the team market their brand without Management approval, all change costs shall fall on the team. In addition, any discrepancies in paid commissions resulting from unclear instructions provided by the team shall be handled among the affected team members. Salespeople who desire to form a “Team” must request and obtain approval from Management prior to inception. The “Team” name, advertising and promotion shall adhere to all License Law regulations. All teams shall have team commission agreements in writing and on file with the office a minimum of 10 days prior to the close of escrow of any team member’s closing transaction. Management reserves the right to charge a 25% referral fee on all pending transactions at the time of notification of teams’ departure from Tru Realty. Team leaders shall not actively recruit agents or employees from within the brokerage. All agents on the team are “first and foremost” agents of the brokerage and must observe all rules of the Brokerage. Agents and employees of Tru Realty are not to be contacted by the team lead for any reason once the team lead leaves the Brokerage for a minimum of six months from then time their license it severed. The team lead shall not in any way directly or indirectly induce Tru Realty Agents or employees, whether part of their team or not to leave Tru Realty for a period of six months. All clients are considered to be clients of Tru Realty and are not to be directly or indirectly contacted or solicited by the team lead or his agents for a period of 6 months from the time a license is severed.


REFERRAL FEES

Referral fees of any kind may only be given or accepted in accordance with the Real Estate License Law. The Company is paid out of the gross commission and then the referral fee is then paid to the cooperating Brokerage. The recommended referral fee on transactions is 25% gross of the listing or selling fee. The Company must approve all referral fees if it is to participate.


RESPONSIBILITIES

Association with our Company entails responsibilities. These responsibilities are covered elsewhere in this Manual, but Salespeople are reminded, if they expect true cooperation from fellow Salespeople, they should:

a. Obtain their fair share of listings and sales.

b. Be willing at all times to share information which will enable fellow Salespeople to consummate a transaction.

c. Dress properly for appointments. Image is important for success in Real Estate.


SAFETY FIRST

Salespeople are cautioned never to meet an unknown prospect at a property alone.


SALES MEETINGS

All sales meetings shall be announced in advance by Management. It is highly suggested that Salespeople attend and be on time for these meetings.


SEXUAL HARASSMENT OR DISCRIMINATION

Sexual harassment or discrimination of any kind will not be tolerated within the Company. Though sexual harassment and unlawful discrimination for any other reasons is not fully defined either in law or in equity, all Salespeople and office personnel will respect the feelings of others, including employees, fellow Salespeople, other members of the real estate industry, prospects and clients. The intent of this policy is to prevent offensive language and behavior by all concerned.


SHARING INFORMATION

It is the policy of this Company to share information with other offices. This, of course, does not mean giving confidential information, but giving information concerning properties that are available.


SHOWING PROPERTY - OTHER OFFICES

Salespeople shall always follow the showing instructions concerning listings for sale in the MLS. When showing property, DO NOT discuss the listing price or have any conversations about the listing broker or agent(s) with the owner. Never discuss the ethics of another broker with anyone other than your Broker. Return the key to the lockbox promptly. Do not contact other broker’s clients regarding offers. An offer should be submitted through the listing broker only and not directly to the seller.


TRIAL AND LEGAL EXPENSES

If any transaction in which a Salesperson is involved results in a dispute, litigation or legal expense, the Salesperson shall cooperate fully with the Company, and the Company and Salesperson shall share all expenses connected therewith, in the same proportion as they would normally share the brokerage fee resulting from such transaction if there was no disputer litigation. It is the policy of the Company to avoid litigation whenever possible and Management reserves the right to determine whether or not any litigation or dispute shall be prosecuted, defended, compromised or settled, and the terms and conditions of any compromise or settlement and whether or not legal expense shall be incurred.

a. Agent must retain an attorney for all complaints involving said agent.

b. It is the responsibility of Tru Realty’s agent to pay for all attorney & legal fees involving complaints against said agent.

c. An attorney must be present during all conversations with any government entities. d. An attorney must be involved in any correspondence with any government entities. e. No employee or agent shall be permitted to communicate with any government entities or officials without an attorney present.

f. Should an agent sever with Tru Realty, the agent is still responsible for all attorney & legal fees.


CONFIDENTIAL INFORMATION

“Confidential Information” means all non-public information, know-how and trade secrets furnished by one Party to the other in any form, including, but not be limited to, software, databases, products, specifications, designs, business and marketing plans and strategies, financial statements, sales data and pricing, customer lists, client lists, prospective client lists, agent names, employee names, consultants names, the fact that this Agreement has been signed and that discussions are taking place between the Parties, and any non-public information that is observed or heard while on a Party’s facilities or premises that (i) are designated as “confidential;” or (ii) a reasonable person knows or reasonably should understand to be confidential. Failure to mark any of the Confidential Information as confidential, protected or proprietary shall not affect its status as Confidential Information under the terms of this Agreement. All analyses, compilations, studies and other documents prepared by the Receiving Party on the basis of such Confidential Information (“Receiving Party’s Notes”) shall be kept in strict confidence and not be used for any purpose other than the Purpose; provided, however, that the Receiving Party shall not be under any obligation to share with or disclose the Receiving Party’s Notes to the Disclosing Party. “Confidential Information” does not include information, which: (a) is, or becomes, publicly available without breach of this Agreement; (b) was lawfully known to the Receiving Party without an obligation to keep it confidential; (c) is received from another source who can disclose it lawfully and without an obligation to keep it confidential; (d) is independently developed; or (e) is feedback one Party volunteers to the other Party about its business, products, or services.


TREATMENT OF CONFIDENTIAL INFORMATION

a. In General. Subject to the other terms of this Agreement, the Receiving Party agrees to: (i) not disclose the Disclosing Party’s Confidential Information to third parties; and (ii) use and disclose the Disclosing Party’s Confidential Information only for the Purpose.

b. Security Precautions. The Receiving Party agrees to: (i) take reasonable steps to protect the Disclosing Party’s Confidential Information. These steps must be at least as protective as those the Receiving Party takes to protect its own Confidential Information; (ii) notify the Disclosing Party promptly upon discovery of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information; and (iii) cooperate with the Disclosing Party to help regain control of the Confidential Information and prevent further unauthorized use or disclosure.

c. Sharing Confidential Information with Representatives. “Representative” means an employee, contractor, director, owner, advisor or consultant of one of the Parties. Each Party may disclose the other Party’s Confidential Information to Representatives only if they have a need to know about it for the Purpose. Before doing so, the Receiving Party must: (i) ensure that Representatives are required to protect the Confidential Information on terms consistent with this Agreement; and (ii) accept responsibility for each Representative’s use of Confidential Information.

d. Disclosing Confidential Information if Required by Law. The Receiving Party may disclose Confidential Information if required to do so by law or regulation, or to comply with a court order or other government demand that has the force of law. Before doing so the Receiving Party shall seek the highest level of protection available and shall give the Disclosing Party enough prior notice, but in no event less than five (5) days’ notice, to seek a protective order.

e. No Licenses Granted. This Agreement does not grant either Party or its Representatives any implied intellectual property licenses to Confidential Information. Each Party covenants and agrees that all right, title and interest in any Confidential Information shall be and shall remain the exclusive property of the Disclosing Party.


GENERAL RIGHTS AND OBLIGATIONS

a. Governing Law. The laws of the State of Arizona govern this Agreement. The Parties consent to the Federal and state courts sitting in Houston, Texas, which shall have exclusive jurisdiction and venue over actions filed to enforce rights and obligations under this Agreement.

b. Injunctive Relief. Each Party understands and agrees that the Disclosing Party may suffer irreparable harm in the event of a breach of any obligations under this Agreement and that monetary damages may be inadequate to compensate the Disclosing Party for such breach. Accordingly, each Party agrees that, in the event of a breach or threatened breach of any of the provisions of this Agreement, in addition to and not in limitation of any other rights, remedies or damages available at law or in equity, the Disclosing Party may seek court orders to stop Confidential Information from becoming public in breach of this Agreement.

c. Waiver. Any delay or failure of either Party to exercise a right or remedy under this Agreement will not result in a waiver of that, or any other, right or remedy.

d. Nature of the Information. Although the Confidential Information contains information which is relevant for the Purpose, no party makes any representations or warranties, express or implied, as to the accuracy or completeness of the Confidential Information. No party shall have any liability to the other party relating to or arising from the use of the Confidential Information according to the terms of this Agreement.

e. Enforceability. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision may be reduced in scope by the court to the extent it deems necessary to render the provision reasonable and enforceable. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provisions.

f. Notices. Any notices required by this Agreement shall be in writing and shall be given by courier or sent by first class or overnight mail to the applicable address noted in the initial paragraph.


TERM

The rights and obligations of the Parties under this Agreement shall expire on the close of business on the business day prior to the five (5) year anniversary of the Effective Date; provided that with 14respect to Confidential Information that constitutes a trade secret under applicable law, such rights and obligations will survive such expiration until, if ever, such Confidential Information loses its trade secret protection other than due to an act or omission of Recipient or its Representatives. On the expiration or termination of the Agreement, at the disclosing Party's written request, the receiving Party and its Representatives shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the disclosing Party that such Confidential Information has been destroyed. In addition, the receiving Party shall also destroy all copies of any Notes created by the receiving Party or its Representatives and certify in writing to the disclosing Party that such copies have been destroyed. Notwithstanding the foregoing, the receiving Party may retain any copies of Confidential Information, regardless of whether such copies are in original form: (a) included in any materials that document a decision to terminate this Agreement with the disclosing Party, or otherwise to cease communications with the disclosing Party; (b) as may be required to comply with the receiving Party's internal record-keeping policies or any applicable federal, state, or local law, regulation or regulatory authority to which it is subject; or (c) that are maintained as archive copies on the receiving Party's disaster recovery and/or information technology backup systems. Such copies will be destroyed on the normal expiration of the receiving Party's backup files. The receiving Party shall continue to be bound by the terms and conditions of Section 2 regarding any such Confidential Information retained in accordance with this Section 4.


NON-SOLICIT

The Company agrees that during the term of this Agreement and for a period of twelve months thereafter, it shall not directly or indirectly solicit, induce, or offer employment to any present or former employee of Tru Realty Holdings with whom they have either had contact with or been referred to during the term of this Agreement. This Section 5 shall not prohibit the Company from hiring any employee who responds to a general advertisement not specifically directed at employees Tru Realty Holdings. Management reserves the right to charge a 25% referral fee on all pending transactions at the time of agents departure from Tru Realty. Team leaders shall not actively recruit agents or employees from within the brokerage. All agents on the team are “first and foremost” agents of the brokerage and must observe all rules of the Brokerage. Agents and employees of Tru Realty are not to be contacted by the team lead for any reason once the team lead leaves the Brokerage for a minimum of six months from then time their license is severed. The team lead shall not in any way directly or indirectly induce Tru Realty Agents or employees, whether part of their team or not, to leave Tru Realty for a period of six months. All clients are considered to be clients of Tru Realty and are not to be directly or indirectly contacted or solicited by the team lead or his agents for a period of 6 months from the time a license is severed.


NON-CIRCUMVENTION

The parties mutually promise and agree that they shall not circumvent, or attempt to circumvent, each other in connection with any transactions or other dealings between them for the purpose of depriving the other party of fees, professional credits or other consideration, or any business opportunity(s) or business contact(s). The parties further agree that they will not deal directly, or indirectly, with any third party hereafter introduced (the “Introduced Party”) by one party (the “Introducing Party”) to the other party, for a period of two (2) years from the date of the introduction by the applicable party hereto, except with the written consent of the Disclosing or Introducing Party. The foregoing restrictions shall not apply to an introduction between the parties and a third party, if the third party has a prior, documented commercial relationship with the party to whom he, she or it has been introduced hereunder.



SALESPEOPLE

ASSIGNMENT FEES

With permission of the Broker and proper training in advance Agents are allowed to assign a contract with permission of the Buyer and/or the Seller. Should an Agent engage in a contract with an assignment fee; the said assignment fee shall be treated just like a commission and the Agents cut to the house shall be at whichever split level the Agents commission falls.


BROKERAGE FEE SCHEDULE-COMPANY

The minimum brokerage fee accepted by the Company on all residential and commercial sales is 1% with a minimum of $299 (at the time of this update) per transaction paid to the house. The Company has independently established fees and other listing policies, including commission rates, commission splits, length of listing, and length of protected period after expiration and type of listing. Fees are based upon the Company’s cost of doing business. Salespeople must never discuss the Company’s brokerage fee policy or other business plans with competitors. Company provided leads shall be paid according to the particular lead source policies. Agents are fully responsible for payment of the referral fee to the lead source along with the Tru Realty customary broker fee. These fees must be paid by the Agent even in the event the Agent severs their relationship with Tru Realty and joins another Brokerage. In most cases, the lead referrals belong to the lead source for a period of 24 months or longer. All Tru Agents who subscribe to our Preferred CRM must adhere to and acknowledge the Tru Agent Lead Referral Agreement. See Management for current lead programs.


BROKERAGE FEE SCHEDULE-OTHER BROKERS

Multiple listing residential sales will be divided with cooperating Realtors on a 50/50 basis when the gross commission is 6%, with the exception of short sales and Internal Company flips. Example: 3% listing side & 3% selling side. Should the gross commission be 7%, then the cooperating Realtors should be offered at least 3%. Example: 4% listing side & 3% selling side. All contractual obligations of the Company to another shall be limited to the authority of the Broker and not of the Salesperson.


BROKERAGE FEE SCHEDULE-SALESPEOPLE

Salespeople may not accept any fees or compensation of any kind other than from the Company for services or advice in any matter involving Real Estate without the approval of the Company. Salespeople should never act as a “gratuitous agent” or “free agent”. A Salesperson’s compensation is based on collected sales brokerage fees only. Salespeople should refer to their Independent Contractor’s Agreement and commission schedule for division of brokerage fees.


COLLECTION

Decisions to take legal action to collect fees due shall rest solely with Management. Expenses of collection shall be deducted from the total amount recovered and the balance to the Salesperson on a 50/50 schedule regardless of any increased fee arrangement. It is understood, however, that if a lawsuit is instituted and the case is lost, the Salespeople involved must share in all expenses connected with the lawsuit.


PAYMENT OF BROKERAGE FEES

Brokerage fees shall be paid as soon as possible, after the gross commission is received by the Company; however the Salesperson’s file must meet the Broker’s compliance requirements and be signed off by the Broker prior to payment. Salespeople are reminded that the escrow commission check must also be deposited into the Company account and clear prior paying the brokerage fee. Please note that all bonuses count toward the gross commission earned.

Agents are typically paid by Direct Deposit to the account of their choice, and this information should be supplied to Tru Realty during the on-boarding process. If updated Direct Deposit account information is not provided to Tru Realty at a minimum of 1 week prior to the close of escrow (coe) of a transaction, Tru Realty will not be held liable for payments made to the prior account on file or for any delays in payment or charges to the Agent this may cause. It is Company policy to never pay an Agent directly by Title Company. Agents may opt to use a Commissions Advance Company, as long as Management is made aware in writing within 10 days of closing. In rare exceptions, and only with prior written approval from Management at least 10 days prior to closing, an Agent may be approved to receive their part of commission directly from the Title Agency. The file must be complete and accepted by Broker review in accordance with Company policies noted within this Manual.

If an Agent chooses to work with another Agent on a transaction, it is the responsibility of all Agents who have a right for payment on the file to be added into the Transaction Management file. If there are discrepancies in commission disbursements due to lack of proper documentation in the file, the file may be subject to a re-processing fee to be determined by Management on a case-by-case basis.


REFERRING OTHER AGENTS TO TRU

As a reward for Tru Agents who refer other Agents who also join Tru, and as long as both Agents are active with Tru, the referring Agent will receive 2% of the NET of the referred Agents commissions on all regular transactions (not including rentals or personal deals, and will not be paid on any agents who have reached a 100% capped commission plan), at an expense to Tru Realty, not of the referred Agent. These internal referral fees to be paid monthly not per closing.


SAME PROSPECT

It is conceivable that two or more Salespeople might legitimately secure the same prospect and show the same property. Should such a situation arise, the Company will recognize, as far as brokerage fees are concerned, the Salesperson who is successful in obtaining a completed contract acceptable to the purchaser, the seller and the Company. If a Salesperson knows that a prospect has recently worked with another Salesperson in the office, then that prospect should be referred back to the first Salesperson. If the prospect does not wish to work with the first Salesperson, then the second Salesperson should immediately work with the prospect. The same prospect may be in the CRM the company uses. Tru Realty uses a call center to call prospects. If a conflict arises, where the call center has contacted an agent’s prospect, the agent should advise management and also procure a service agreement (buyer-broker or listing agreement) with the prospective buyer or seller.


SIGN ON FEES

New Agents shall pay a fee at sign on to cover the costs of training and needed Broker and mentor support. Other sign-on fees may apply to new or seasoned Agents, including a monthly service fee for all agents who have capped and are now on the 100% plan. All fees and policies regarding recruitment shall be covered during the interview and onboarding process.



DEPOSITS, OFFERS AND ACCEPTANCE

ACCEPTANCE

In the event a seller is out of town and a contract is written, the listing Salesperson may telephone the owner for acceptance. This acceptance may be by fax, email, or electronic signature, and should so state in the contract. To provide for such acceptance, add this clause to the contract: “This agreement may be accepted by fax, email, or electronic signature, to Tru Realty.” Acceptance is realized when the fax, email, or electronic signature has been received officially by the Salesperson and the buyer has been so informed. The agreement should then be sent to the out-of-town sellers for their signatures. It is the policy of the Company that no property will be taken off the market until the seller has accepted an offer. Therefore, until a seller has accepted an offer, other offers may be presented. Agents are advised to use electronic signature as much as possible to expedite this process while clients are on travel.


ADDITIONAL DEPOSITS

When a contract is accepted, the SELLING salesperson is to promptly follow up and collect any additional payment of earnest money as provided in the contract. If the purchaser delays even one day in paying the additional earnest money due, the Broker, the listing Salesperson and the seller should be promptly notified of the buyer’s delay. The selling Salesperson should continuously pursue compliance. The selling Salesperson should report success or failure each day thereafter.


EARNEST MONEY DEPOSITS

Laws around Earnest Money Deposits vary from state to state and it is the responsibility of each Salesperson to understand and abide by the laws pertaining to each state they practice Real Estate in. When a check is given as an earnest money deposit, it must be made payable to a specific Title Company and never to the Company. If the Salesperson is in possession of the check, they should make a copy of the check promptly and maintain it in a secure place until the check is submitted into escrow. Salespeople are reminded that when they submit an offer, that they are stating they are in receipt of the buyer’s earnest money; unless otherwise negotiated in the contract. No purchase agreement should be submitted for presentation without the Salesperson first obtaining the earnest money check unless otherwise stated in writing in the purchase agreement. The earnest money needs to be placed into escrow As Soon as Possible (time is of the essence clause) the day of agreement acceptance by all parties. If Salespeople are responsible for any monetary loss to the Company, due to NEGLECT or MALPRACTICE on their part, then they shall be responsible for the full amount of said loss.


EARNEST MONEY (DEPOSIT AMOUNT)

The recommended deposit in our market is roughly 1% of purchase price for financed offers and 2% of purchase price for cash offers. This is fully negotiable to the parties.


INQUIRIES - CALL-IN LISTINGS

If a listing call comes in, the front desk associate taking the call shall transfer the call directly to the listing agents cell phone and make all attempts to contact the listing agent for the lead. Front desk associates are not allowed to give out cell phones and can only transfer inquires that come on prospective listings. All other listing calls shall be handled at Management’s discretion.


MULTIPLE OFFERS

In the event two or more offers are received or a second offer is received prior to acceptance of an earlier offer, all buyer’s agents should be made aware of the multiple offer situation so they can make their best offer to the seller (never divulge the amount or terms of any of the offers to other agents). All offers should be presented in a timely manner, and no offers are to be withheld from the seller awaiting another possible offer. If there are multiple offers the seller may accept the offer of seller’s choice, counter one of the offers and reject the other(s), reject all the offers, or counter two or more of the offers. In the event the seller decides to counter two or more offers, the State “Seller’s Multiple Counter Offer” form as provided by the State should be used, if applicable.


PRESENTING THE AGREEMENT (OFFER)

Never try to make a decision for an owner. State Real Estate License Law requires that all offers must be presented. The Purchase Agreement must immediately be presented to the seller. The listing Salesperson should be notified of a pending offer before it is presented. Only the listing Salesperson has the right to present the offer to the seller, however, if the seller approves, then the selling Salesperson may be present at the presentation.



LISTINGS

ACCEPTANCE

Prior to going Live in the Multiple Listing Service (MLS), all documents and contact information must be uploaded into the Company's Transaction Management Platform and approved by Management and Broker. The file must include all listing docs including (but not limited to) Agency, Exclusive Right to Sell, seller signed SPDS, HOA and Lead Based Paint Addendums (as applicable), current TAX document (showing ownership), and Insurance CLUE. In addition, the MLS input form or Private Plano must be signed off by the owner(s) before a listing goes Live in the MLS.


CANCELLATIONS

No listing can be withdrawn or canceled without the consent of Management and Broker. The proper form to use is the sold change form from the MLS. If a seller who has listed his property for sale desires to cancel the listing, Management can, if it so desires, agree to do so. If expenses are reimbursed or a partial brokerage fee is paid by listing party for such cancellation, the Office and the Salesperson shall divide the brokerage fee as normal. If a listing is withdrawn or canceled, at no charge to the listing party, then it is suggested that the listing be withdrawn conditionally.


CHANGES

Changes in price, terms or other vital information of a listing shall only be made after the Salesperson receives the proper MLS sold/change order form signed by the listing party and the Broker.


EXCLUSIVE RIGHT TO SELL

It is the policy of the Company to only accept exclusive right to sell listings (Multiple Listing Service) at a minimum brokerage fee of 4% and 1% to Tru Realty as minimum, except as otherwise stipulated in this Manual.


LISTINGS UPON TERMINATION

All listings are taken in the name of the Company and remain the property of the Company per the exclusive right to sell. Any unsold listings will be assigned to other Salespeople at the discretion of Management upon termination of a Salesperson. Should a salesperson choose to terminate it is up to Management to release and sign off on the listing to the new broker. Management in almost all cases will sign off on a listing unless the client is unhappy.


LOCK BOXES

Supra Lock Boxes or your local lock box should be installed on all properties providing the listing party agrees. The Salesperson shall be responsible for obtaining and paying the cost for all lock boxes. All Salespeople are cautioned to never lend their Supra Key to anyone.


REASSIGNMENT

The Broker and Management reserves the right to reassign a listing to another Salesperson, if deemed necessary, due to the originating Salesperson’s improper handling of the listing and most importantly the experience of the client, if it becomes a negative relationship.


REFERRALS - MANAGEMENT

Management may receive referrals for listings. These listings may, at Management’s discretion, be given to Salespeople, in whole or in part, to whom Management feels can do the best job and who best exemplify the Company image. All Salespersons participating in the Tru Referral Lead Program are required to sign the Tru Referral Agreement prior to being assigned any leads.


RESPONSIBILITIES OF LISTING SALESPERSON

a. To complete the Authorization to Sell Listing Agreement, all associated disclosures and all associated paperwork must be entered by Agent into Company approved Transaction Management Platform including, but not limited to: Exclusive Right to Sell, Agency (seller), Seller Property Disclosure Statement (seller), Home Owners Association Addendum (seller), Lead Based Paint (seller), and Market Conditions Advisory (seller), before going active on MLS. Please refer to the Broker Required Documents sheet available through the Company’s shared drive.

b. To upload all documents for Broker approval and signing (no later than 5 calendar days from execution) into Company's Transaction Management Platform.

c. To submit all listings promptly into MLS, being mindful to comply with the Clear Cooperation Policy.

d. To see that listings are properly set up for Salespeople distribution, proper promotion, marketing, and advertising.

e. To have a lockbox installed and/or a key available for showings.

f. To use every possible means to obtain accurate information regarding the listing. f. To maintain regular contact with the owner.

g. To present all contracts and offers promptly. Common knowledge can determine what constitutes an UNREASONABLE DELAY in presenting the contract and offers.


SHARING FEES

When two Salespeople secure a listing, they shall enter both their names on the Exclusive Right to Sell Listing Agreement and shall share the listing fee. Any agreement to share a fee, in a manner other than 50/50, should be in writing on an Internal Support Agreement and signed by both Salespeople and approved by Management. It is the Agents responsibility to ensure that all Agents who have a right for payment on the file are noted in the file. If there are discrepancies in commissions disbursement due to Agents lack of proper documentation in the file, the file may be subject to a re-processing fee to be determined by Management on a case-by-case basis.



ADVERTISING, MARKETING & PROMOTION

Company Philosophy: Our Company works toward a balanced advertising program. For this to be accomplished, the Company must not be bound by sellers who expect, or demand, special advertising on their individual properties. It is this thought in mind that we should define our general policy. The Company reserves the right to select and use advertisements which will fit into a well balanced program and secure the greatest number of prospects for seller’s properties. It is the policy of the Company to advertise only those properties on which the Company has an Exclusive Right to Sell listing. Our first obligation must be to sellers who have entrusted us with their properties and, in all fairness, we believe that these sellers are entitled to receive the benefit from our Firm’s advertising dollar.


APPROVED SIGNS

Only approved Company For Sale Signs should be used. Any custom sign must be approved by Management.


DIRECT MAIL

Introductory Letters, Newsletters, Cards, and Flyer Stationery, printing and postage costs for these items will be paid by the Salesperson.


LEAVING OPEN HOUSES UNATTENDED

No Salesperson holding an open house should leave the property for any reason during the hours it is advertised as open; unless the Agent holding the property open is in danger.


LOCAL AND COMMUNITY ORDINANCES

It is the Salesperson’s responsibility to be aware of and comply with all local and community sign ordinances controlling the placement of signs.


PLACEMENT OF ADS

All ads placed by the Company in the appropriate newspapers and magazines and social media platforms shall have the Tru Realty logo, MLS logo, Realtor logo, and Fair Housing logo. The Tru Realty logo shall be prominent and visible. Each Salesperson may submit an ad into Management for consideration; however, it shall be Management’s sole decision as to whether or not to place the ad. Management reserves the right to substitute or alter Company ads at any time. The following shall apply:

a. The lay-out and design must first be approved by the Company.

b. The ad must contain the Tru Realty, MLS, Realtor logo, and Equal Housing logo. c. The ad verbiage must comply with all Fair Housing and State Real Estate Department Laws. d. All flyers must have a solicitation disclaimer.


OPEN HOUSE AND LISTING SIGNS

OPEN HOUSE and LISTING SIGNS: The Salesperson should pre-determine the number of open house signs needed and upon reaching the property and post signs properly and lawfully. Open House Signs: Agents are responsible for purchasing their own Open House Signs. All open house signs must conform with all Tru Realty Branding requirements. Listing Signs: Tru Realty will provide Agents with Tru Realty Branded Listing signs for their first anniversary year with Tru Realty. Agents are responsible for purchasing their own Sign Riders and are encouraged to purchase their own personalized Listing Signs after their first year or before. All signs must conform with all Tru Realty Branded requirements. Tru Realty has a preferred sign vendor, and their information and order forms are on file at the Office. Signs may be purchased through another vendor, but all Tru Branding must apply and be pre-approved by Management prior to printing. All borrowed Listing Signs must be ordered through or checked out with Tru Realty office staff, and must be returned to the office or Company's Sign and Post vendor as soon as possible after close of escrow.


Conditions

If any of the following are not being done properly, please inform Management:

a. Signs must be kept clean and straight.

b. Signs are not considered expendable and should be able to be re-used if in good condition.

c. Signs must be promptly removed after the sale has been closed or the listing has expired. It is the Salesperson’s responsibility to notify the sign company when a sign is to be removed.

d. No sign of any kind must be placed on any property without the owner’s permission.


OPEN HOUSES

Salespeople may hold open houses when desired; however, they must have permission from the owners. The suggested minimum time for an open house is three hours. A Salesperson who has agreed with an owner to hold a house open should keep the appointment. The owner should not be disappointed. Management will allow Agents to hold open houses at other brokerages with an Open House Permission letter signed by listing broker.


OPEN HOUSE PROMOTION

When a date and time for an open house has been determined, the Salespeople should inform the Company and should market and advertise in accordance with Company policy. Should Agent wish to market the property before it is live in MLS, the Salesperson can use the Open House App.


OPEN HOUSE SECURITY

The Salesperson should always recommend that the owner place all personal documents in a safe and secure location and out of view of prospects that come to the property. Any valuables should also be secured. The Salesperson should never leave prospects unattended and should accompany them closely as the prospects view the home. At the conclusion of the open house, the Salesperson should make sure all doors and windows are locked, and that the property is returned to the same condition it was prior to the open house.


INSTALLATION

The Company employs a sign company to erect and remove all Company residential For Sale Signs and Posts. These signs and posts may be ordered by Company Office staff and paid for by the Salesperson.


SOCIAL MEDIA

All Social Media pages (business and personal pages included) including but not limited to Facebook, Instagram, Snapchat, LinkedIn, etc., shall disclose that the Agent works at Tru Realty, along with a large prominent logo of the Tru Realty brand. Additionally, all cover photos shall have the Tru Realty logo placed on them, as well as the Fair Housing, Realtor, and MLS logos. Should Agent choose to create and use their own logo outside of the Tru Realty Branding, the Agent must still use the Tru Logo and Tru Logo should be equal or larger size than the Agents personal brand logo. All State mandated rules are subject to change at any time, and it is the Agents responsibility to stay current with all applicable State rules.



FORMS, AGREEMENTS, DISCLOSURES AND PROCEDURES

ADMINISTRATIVE FEE DISCLOSURE

In order to comply with Federal, State and local law, government regulations and requirements, and the protection of our customer(s) and clients(s) Tru Realty, LLC maintains copies of all transaction documents for a period of five (5) years from close of escrow. In order to fulfill requests for such documents within this time frame Tru Realty, LLC collects an administrative fee. Such fees shall be collected and placed on the settlement statement in the amount of $395.00 (at the time of this update). These expenses include but are not limited to the costs of storage, delivery, processing, scanning, printing and most importantly Designated Broker Advice as needed post closing. This administration fee covers all these additional costs to Tru Realty, LLC and enables Tru Realty, LLC to continue the commitment to providing our customer(s) and client(s) the highest level of service in the industry and to ensure compliance and the utmost client care in our transactions. A Tru Realty Administrative Fee Disclosure form shall be in every file and must be signed by all represented clients. The fee may be paid several ways:

a. The Agent may pay the fee for the client.

b. The Client may pay the fee.

c. A Buyer Client may be able to have the fee paid through closing costs from the seller - Agents must verify with each lender in every case to confirm this is permissible. If the document is not signed by the client(s) AND uploaded to the file within 1 week of other signed agency documents, it will be assumed that the Agent will pay this fee for their client. In all cases, this document must be signed by client and put in the file before closing. It is the Agent's responsibility to be sure this fee, if not paid by Agent, is on the Title Agency's Estimated and Final settlement sheets as a debit to client, or Agent will be responsible to pay this fee from their commission at Closing.


APPROVED COMPANY REAL ESTATE AGREEMENTS

The State approved Exclusive Right to Sell Listing Agreement shall be used by all Salespeople when listing property. The State Purchase Agreement shall be used by all Salespeople when preparing an offer on a property. Use of any other type of listing or purchase agreement must be approved by the Broker. If Agents are not using the State forms, all non-State forms need to be approved by Broker.


CLOSED TRANSACTIONS

Upon notification from the Broker, the Salesperson shall upload the required remaining docs into the Company files along with a Company commission assignment form. All closed transactions must contain all required agreements, forms and disclosures properly signed and dated by all parties no later than 1 day before close of escrow.. Salespeople should refer to the Company transaction file checklist. No brokerage fees will be paid until the transaction is in compliance and the Broker signs the commission agreement. All files placed in the Company Transaction Management Platform must be complete and all documents not pertaining to the transaction must be deleted before commissions will be paid. Files shall be considered late and fine-able after one warning about late executed documents. Fines that are intended to cover extra staff hours to manage late files shall be levied on the file as follows (and at Management discretion): First late file: $100.00 fine. Second late file: $200.00 fine: Third and subsequent late files: $500.00.


COMMERCIAL REAL ESTATE

Commercial Real Estate leads shall be ALL referred to the Tru Realty Commercial Division at a negotiated percentage with the commercial division using the in house referral fee. Should a residential Agent want to transition into the commercial division, one must commit to a one-year commitment outside of doing residential transactions and meet and work closely with our commercial division leader as well as fund their own co-star and LoopNet software. For further detail, refer to the Tru Divisions section, Commercial, at the end of this Manual.


ENVIRONMENTAL CONDITION/HAZARD TESTING

Salespeople are reminded that whether or not to test for any suspected property environmental hazard is a decision that a Salesperson cannot make for a client. This includes, but is not limited to, suspected Lead Based Paint, Toxic Mold, Radon, Asbestos, and Meth Lab contamination. Should a client ask the Salesperson about testing, the Salesperson should say: “Whether or not to test is a decision I cannot make for you. Here are phone numbers for local environmental professionals”.


HOME WARRANTIES

The Company recommends that all Salespeople strongly encourage their buyer clients to obtain at least a one year home warranty prior to close of escrow.


INCOMING MAIL

Management reserves the right to open and/or discard any mail addressed to Agents coming into the office mailbox. Management will make every effort to alert the Agent of mail addressed to them and hold for Agent up to seven (7) days before discarding.


LISTING, LISTINGS SOLD AND SALES TRANSACTIONS PROCEDURE

No later than five (5) calendar days after a Salesperson obtains an executed transaction, the Salesperson must submit the completed documents into the Broker Transaction Management Platform for review. No listing will be considered accepted by the Company until the Broker accepts the State Exclusive Right to Sell Listing Agreement. Salespeople are reminded that State Law also requires that rejected and expired purchase agreements must be maintained by the Company for a period of five years. All rejected and expired agreements must be submitted into the Company's Broker Transaction Management Platform for filing. All rejected and expired purchase agreements received on a Salesperson’s listing shall be retained in the Company files.


NOTARIZING DOCUMENT

Salespeople are reminded that documents that are required to be notarized must be signed in the presence of a notary. A Notary cannot notarize a document that has already been signed without the Notary present.


PROPERTY INSPECTIONS

All Salespeople should strongly encourage their buyer clients to obtain a professional home inspection. In the event a buyer decides not to have an inspection conducted, the buyer must sign the Waiver of Home Inspection on the BINSR.


REQUIRED COMPANY TRANSACTION DISCLOSURES AND FORMS

For current document requirements refer to the Broker Required Documents Checklist as available in the Company’s Dropbox. Depending on the particular transaction, the Broker may require additional forms and/or disclosures and will advise the Salesperson if these are needed. If in doubt, the Salesperson should ask the Broker. All documents must be signed by all parties as required by the specific document and transaction type. The Company reserves the right to refuse to accept any listing that does not contain the proper required and signed disclosures.


STATE REAL ESTATE LICENSE

All Salespeople are required to maintain an active State Real Estate License. It is each Salesperson’s responsibility to know the date of expiration of the Salesperson’s license and to ensure all required continuing education is completed prior to the renewal date. In the event a Salesperson’s license has expired without renewal, the Salesperson shall advise the Broker immediately, transfer all active listings into the name of another licensed Salesperson with the Firm, and cease conducting any real estate business until the Salesperson’s license is successfully renewed and the Firm receives a copy of the license.


TRU REALTY LEADS

Tru Realty provided leads are paid at 50/50 Split. These leads do NOT count toward individual or team caps. They must be followed up within 10 minutes, or they are automatically re-assigned to the next Tru Agent in line. Leads will be suspended if an Agent has any outstanding payments owed to The Company.


TRU TECHNOLOGY, TOOLS AND RESOURCES

Tru Realty uses cloud based Technology platforms and expects all Tru Agents to become proficient in and adhere to all requirements. Our Online Transaction Management Platform, which is self-service for the Agents, also provides the Designated Broker and other Management staff with access to files in order to review to maintain compliance requirements with Arizona Real Estate Rules and Regulations. In addition, the Company offers several other agent-based platforms that serve to promote and enhance your business. These include Online CRM, Marketing, and Listing/Open House Management systems. A nominal fee is charged for the use of these Agent specific platforms. Agents who opt out of using these systems will not be eligible to participate in any Tru Lead Sponsored Programs. Tru's Technology Stack options may be purchased independently or as a bundled package at a discount. For current pricing and sign-up information contact the Front Desk Administrator at Tru's main office.


WALK THROUGH AND RELEASE

All Salespeople should strongly encourage their buyer clients to conduct a walk-through of the property prior to close of escrow to ensure that the property is in suitable condition and all repairs agreed to have been completed. Should the buyer decide not to conduct a walk through, a waiver and hold harmless agreement must be prepared and signed by the buyer prior to close of escrow.


WEEKLY PROMOTION

For closed sales, all Agents whose paperwork is completed and a check is received from title are eligible to be recognized in the weekly promotion. Agents who are representing a client solely will be recognized per the aforementioned language. In addition, any Agent who is listed on the purchase contract and/or reflected in the MLS as a co-selling or co-listing member shall be recognized in the weekly promotion alongside the selling or listing agent. Any Agent who is a support role in a case where at least 50% commission is earned (regardless of status in MLS or on purchase contract) will also be recognized in the weekly promotion. Lastly, for teams, Agents who are representing a client that was provided by a team lead or through a team agreement shall be recognized alongside the team leader, unless the lead was self-generated in which case the Agent will be recognized individually. Any request to modify this policy, in any individual case, must be brought to the attention of Management no later than three days prior to close of escrow.



MANAGEMENT

ARBITRATION

The Company believes that Salespeople within the office involved in brokerage fee controversies can and will settle their differences between themselves in an amicable and equitable manner. Failing this, the Salespeople should ask Management to recommend a settlement. If that is not acceptable to both, a written request for arbitration should be made by the Agent. The request for arbitration should contain an agreement to accept the decision as final.


GOALS

When a Salesperson first becomes associated with the Company, it shall be Management’s obligation to meet with the Salesperson and, together, establish or review yearly goals.


OPEN DOOR POLICY

Broker and/or Management will do best to get back to Agent same business day with all questions. Agents needing more immediate help can use the Slack Application to ask their peers for additional information. Tru Realty uses Slack as our internal communication platform. Slack is the preferred method of asking for vendor or other recommendations, real estate or Broker questions, marketing, Agent to Agent collaboration, etc. Broker questions should be answered by Managing Brokers only, all other answers could be deemed inaccurate. Tru Realty CEO, Designated Broker and Marketing Director are available by appointment during normal business hours. We understand that occasionally a situation arises outside of normal business hours (M-F 9-5), and request that communicating with Brokers be done during reasonable hours before or after normal work hours and/or on the weekends. These communications should be based on emergency or urgent need only where time is of the essence. During normal business hours, please contact the office by phone or email. Off hours, Tru Broker and Management prefer text communication. Do not direct any questions concerning Company policies and guidelines to anyone other than Management or the Broker. Salespeople should feel free to ask Management or the Broker any questions regarding their real estate business and/or transactions within reasonable business hours including weekends. Appointments are highly recommended.



TRU DIVISIONS

TRU COMMERCIAL

Commercial Real Estate leads shall be referred to the Tru Realty Commercial Division at a negotiated percentage with the commercial division using the in-house referral fee form. There is a huge difference between commercial and residential transactions and it is likely a residential Agent will not have the knowledge or expertise to complete a commercial transaction and ultimately not be able to serve their clients well. A residential Realtor choosing to do a commercial transaction would be a violation of Article 11 of the Code of Ethics due to practicing outside of their competencies. This policy is not only to protect the Agent from getting sued but also protects the consumer from poor representation. Should a residential Agent want to transition into the commercial division, one must commit to a one-year commitment outside of doing residential transactions and meet and work closely with our commercial division leader as well as fund their own co-star and LoopNet software.


TRU LUXURY

Tru Luxury is our division designated to assist in the buying and listing of high-end properties. Luxury Agents need to have extensive knowledge of the high-end market and be able to adapt to the high demand needs of the client.


TRU TOP OFFER

Direct to consumer division:

Tru Top Offer does not list property, instead, Tru top Offer buys the property for itself or has a preferred partner buy it. All costs are NET to seller, including service costs, no repair costs, and fast cash or hard money payments.


TRU VACATION RENTALS

This division is designed to give buyers a progressive way to purchase and manage vacation rentals.


TRU WHOLESALE DIVISION

Tru Wholesale assists investors in finding and purchasing properties.


TRU HISTORIC DIVISION

Tru Historic follows and supports the recognition of architecturally/historically notable homes and neighborhoods. We endeavor to work with clients who share the goal of preservation and recognize the aesthetic and economic values that correlate with community character.



THE FINAL WORD

If any situations arise that are not specifically covered in this Manual, the Salesperson should abide by the decision that is made by Management. In addition, Management reserves the right to amend, alter or change certain policies and guidelines in this Manual for the betterment of the Firm. This flexibility will ensure Company success.


ACKNOWLEDGMENT AND IMPLEMENTATION

The Broker’s signature below indicates the date these Policies were implemented and are in full force and effect as of the date below. This Company Policy Manual is incorporated into the Independent Contractor Agreement and made a part of by this reference. A signature page is attached hereto and shall be maintained by the Broker. Each Salesperson shall receive a copy of the Policy Manual upon signing the attached page.


BROKER NAME: DATE:


TRU REALTY ACKNOWLEDGMENT OF COMPANY POLICIES

The Salesperson signing below, acknowledges they have read, understand and shall comply with all Company Policies as provided for in the Company Policy Manual. It is further acknowledged that the Salesperson shall accept responsibility for reviewing the Company Policy Manual as it may be amended from time-to-time.


SALESPERSON NAME:  

TRU REALTY TELEMARKETING SALES RULES AND GUIDELINES

AUTHORIZING LEGISLATION:

The Telephone Consumer Protection Act (TCPA) was signed into law Dec 20, 1991. The Act directed the FCC to create rules to create a mechanism by which telephone subscribers could avoid unwanted telephone solicitations, including both live voice solicitations and artificial or prerecorded voice advertisements. Regulations implementing the law became effective in December 1992.


The Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA) was signed into law Aug 16, 1994. The Act directed the FTC to prescribe rules within 365 days prohibiting deceptive and abusive telemarketing acts or practices. On February 14, 1995 the FTC issued proposed rules; a second set of revised proposed rules were then released on May 31, 1995. The final regulations implementing this act were signed into law on August 16, 1995.


THE TCPA RULES STATE:

  • Telephone solicitations may not be made to residences prior to 8:00a.m. or after 9:00p.m.
  • Caller must identify himself or herself as well as the person or entity on whose behalf the call is being made and the telephone number and address of the person or entity.
  • Callers must maintain a list of those residential telephone subscribers who do not want to be called and must institute procedures for maintaining their do-not-call list and provide training to all personnel who are involved in any aspect of telephone solicitation.
  • Telemarketing calls are prohibited from being made to: (1) emergency lines, (2) guest rooms of hospitals homes for the elderly or similar establishments, and (3) paging services, cellular telephone services or other radio common carrier service and (4) any number for which the called party is charged for the incoming call.
  • Fax machines, computers or other similar electronic devices are prohibited from being used to send unsolicited advertisements to facsimile machines.
  • Consumers, state authorities and the FCC may bring actions against telephone solicitors for violations of the TCPA or its Rules.

THE TCFAPA RULES STATE:

  • Telephone solicitations may not be made to residences other than between 8:00 a.m. and 9:00 p.m. local time at the called person's location.
  • Caller must disclose the identity of the seller, that the purpose of the call is to sell goods or services and that no purchase is necessary to win if a prize promotion is offered.
  • Before a customer pays for goods or services, it is deceptive to fail to disclose or misrepresent material information, i.e., total costs, material restrictions, conditions to purchase, terms and conditions of seller’s refund, and that no purchase is necessary to win if a prize promotion is offered.
  • Making a false or misleading statement to induce any person to pay for goods or services. Assisting and facilitating known violators of this Act.
  • Abusive Telemarketing acts or practices such as threats, intimidation, or the use of profane or obscene language. Repeatedly causing a phone to ring with the intent to annoy or harass or calling a person who has stated that they do not wish to be called.
  • Seller shall keep for 24 months advertising, brochures, telemarketing scripts and promotional materials.
  • Exemption: Telephone calls in which the sale of goods or services is not completed, and payment or authorization of payment is not required, until after a face-to-face sales presentation by the seller during which the customer has the opportunity to examine the goods or services being offered.
  • Consumers, State authorities and the FCC may bring actions against telephone solicitors for violations of the Act or its Rules. FCC must be given notice.

GUIDELINES:

Before making calls to consumers do you or your company verify the number you’re calling is not registered on the National Do Not Call Registry?


Here are some FAQ’s from the Federal Trade Commission (FTC) - (The government agency that protects consumers). More information is available at: https:// www.ftc.gov


  • WHAT IS THE NATIONAL DO NOT CALL REGISTRY? The National Do Not Call Registry is a list of phone numbers from consumers who have indicated their preference to limit the telemarketing calls they receive. The registry is managed by the Federal Trade Commission (FTC), the nation’s consumer protection agency. It is enforced by the FTC, the Federal Communications Commission (FCC), and state officials.
  • WHAT CALLS ARE COVERED? The do not call provisions of the Telemarking Sales Rule (TSR) cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who are paid to provide, offer to provide, or arrange to provide goods or services to consumers.
  • WHAT TYPES OF CALLS ARE NOT COVERED BY THE NATIONAL DO NOT CALL REGISTRY? The do not call provisions do not cover calls from political organizations, charities, telephone surveyors, or companies with which a consumer has an existing business relationship.
  • HOW DOES THE ESTABLISHED BUSINESS RELATIONSHIP PROVISION WORK FOR A CONSUMER WHOSE NUMBER IS ON THE REGISTRY? A company with which a consumer has an established business relationship may call for up to 18 months after the consumer’s last purchase or last delivery, or last payment, unless the consumer asks the company not to call again. In that case, the company must honor the request not to call. If the company calls again, it may be subject to a fine of up to $16,000. If a consumer makes an inquiry or submits an application to a company, the company can call for three months. Once again, if the consumer makes a specific request to that company not to call, the company may not call, even if it has an established business relationship with the consumer. A consumer whose number is not on the national registry can still prohibit individual telemarketers from calling by asking to be put on the company’s own do not call list.
  • HOW CAN I ACCESS THE REGISTRY TO VERIFY? The registry can be accessed only through the fully automated and secure website at www.telemarketing.donotcall.gov. The first time you access the registry, you must set up a profile and provide identifying information about you and your organization. If you are a telemarketer or service provider accessing the registry on behalf of your seller-clients, you will be required to identify your seller-clients and provide their unique Subscription Account Numbers (SANs). The only consumer information available from the registry is telephone numbers. After you (or the company telemarketing on your behalf) have accessed the registry and downloaded telephone numbers the first time, you’ll have the option of downloading only changes in the data that have occurred since the last time you accessed the registry.

ACKNOWLEDGMENT

The Salesperson signing below, acknowledges they have read, understand and shall comply with all Telemarketing rules and guidelines.


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DATE:  October 6, 2022

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Signature Certificate
Document name: New Agent Onboarding Documents
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January 18, 2022 8:21 pm MSTNew Agent Onboarding Documents Uploaded by Fabian Hernandez - fabian@trurealty.com IP 122.173.28.164