Maximum One Realty

Policies – Upon Joining Maximum One Companies

Dana Sparks – Qualifying Broker, Maximum One Greater Atlanta Realtors
42 minutes

I affirm the following policies policies listed below – if I have any issues or have any questions, I affirm that I will let my Broker know in writing within 24 hours of signing the Independent Contractor Agreement. I further assert and affirm that I have read the following and agree to the following as a matter of hanging my license with the Maximum One Firm. Should I fail to comply with these policies or fail to notify my Broker of any issues concerning these policies, I understand that this may be grounds for the immediate release of my license from the firm. I further agree to indemnify the Maximum One Firm, Broker, and any and all staff from and against all claims, injuries, suits and damages arising out of the parties’ decision with respect to the above choices.

GREC / Board of REALTORS Disclosures
Rental Property Disclosure
Agent as Principal
Car Insurance – MX1 as Additional Insured
Earnest Money Handling Procedures
Earnest Money Between $5,000 – $10,000
Earnest Money Over $10,000
Earnest Money as Personal Check
Wire Instructions
Power of Attorney
Dual Agency
72 Hours to Turn-In Contracts
Policy Manual Notification
Monthly Agent Bill
Email Integrity
Electronic 1099 Consent
Advertising Policy
FMLS Consent & Covenant to Comply with Membership Rules
GAMLS Consent & Covenant to Comply with Membership Rules
GREC Marketing & Advertising Guide
Transferring In to or Out of MX1 Companies with Existing Business
Agents Leaving Maximum One Companies
Fair Housing Disclosure
Non-Discrimination Policy
Anti-Trust Compliance


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GREC / Board of REALTORS Disclosures – If you HAVE been investigated by GREC or had a complaint filed against you with a Board of REALTORS, you are required to provide details to your Broker and outcome of any investigation or complaint if either has occurred:

I hereby affirm that I:

1:   HAVE NEVER been investigated by the Georgia or Alabama Real Estate Commission, or any other regulatory agency in another state for a violation of real estate law, rules, ethics or professionalism.

2:   HAVE NEVER had a complaint filed against me at a Board of REALTORS®.

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RENTAL PROPERTY DISCLOSURE – If you own Rental Property, you are required to notify your Broker of the property addresses of these properties. Maximum One Companies prohibit agents from holding Security Deposits on agent-owned rentals.

I acknowledge that I currently DO NOT own personal rental property.


REQUIREMENTS FOR LICENSEES OWNING RENTAL PROPERTY

RECEIPT OF THESE TRUST FUNDS & REQUIRED DOCUMENTS MUST BE RECEIVED BY THE BROKERAGE  WITHIN 14 DAYS OF DATE AGENT RECEIVES THIS INFORMATION.

If an agent owns or co-owns rental property, it is Maximum One’s® policy to hold any trust funds or agent may place them in the trust account of a property management company.  Maximum One® does not allow agents to hold any trust funds on any property the agent owns although it is allowed by GREC. (License Law 43-40-20(h) & GREC Rule 520-1-.1)

Procedure for transferring Security Deposit / Trust Funds to Maximum One®:

  • As Landlord, you must provide Maximum One® a copy of the Move-In Inspection you signed prior to accepting the Security Deposit
  • Provide Maximum One® a copy of the Lease you signed with the Tenant
  • Give Tenant written notice of transfer of Security Deposit
    • Notice must include name of Holder: Maximum One Realty Greater Atlanta
    • Corporate Address: 1355 Terrell Mill Rd., Bldg. #1464, Marietta, GA 30067  770-919-8825
    • Name of Bank: Chase Bank
  • Transfer the Security Deposit with funds payable to: “Maximum One Realty Greater Atlanta”
  • Create a “Lease Transaction” in Paperless Pipeline to upload these documents into this Transaction Management System

Note: Maximum One® is not a party to the lease but needs these forms in order to disburse these trust funds at the termination of the lease upon written notice & signed Move-Out Inspection form.

Note: Georgia Law (OCGA §44-7-33) establishes an inspection procedure for a Landlord & Tenant to agree on a pre-occupancy condition of the rental unit.  Georgia law requires that BEFORE the tenant pays a security deposit & moves in, the Landlord must give the tenant a complete list of any existing damages to the unit that is signed by both the Landlord & Tenant.  The tenant is to be given the opportunity to inspect the rental unit to determine if the list is accurate or if any additional defects need to be added to the list. The tenant must sign the list or specify in writing on the list the items in dispute & then sign.  The move-in inspection requirement applies to landlords who own more than ten (10) units (including ownership by spouse, children, business entities or Landlords who employ a Property Management Company.)  Under Georgia Law (OCGA §44-7-36) landlords who own fewer than ten (10) units & who manage the units themselves are not required to follow the inspection procedures; Landlords are not allowed to withhold the security deposit if they failed to perform the inspection when the tenant moved into the unit.

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AGENT AS PRINCIPAL

If you are the principal in any transaction involving real property (i.e. personal residence or investment property) regardless if you are receiving/paying a commission or not, you must:

  • Send Broker an email with the property address of your desire / intent to buy / sell / rent / lease / option / exchange real property – prior to signing a contract / agreement (GREC 520-1-.11(1))
  • Create a transaction in Paperless Pipeline & upload all the documents into that transaction in Paperless Pipeline
  • All transactions must go through a Compliance review – in order to protect the public, license law does not allow a licensee to draw a distinction between their brokerage activity for the public & brokerage activity for real property they own (§O.C.G.A. 43-40-18)
  • You must use either GAR contract forms or RE contract forms for these transactions unless specific written permission to the contrary is authorized
  • You must sign an Exclusive Listing Agreement with Maximum One if you are Selling a Property and a Buyer Brokerage Agreement with Maximum One if you are Buying a Property (Lease Listing if Renting & Tenant Brokerage if Renting)
    • You must list properties in FMLS (& GAMLS if you are a member) if the property is located in an FMLS Compulsory Area
  • You may not hold any trust funds (earnest money or security deposits) in your own account – all escrow funds must be deposited with either Maximum One, another Broker or a Property Management Company
  • All agents must identify themselves as being a licensed agent in Georgia and include their Real Estate License Number and the firm number of the Broker holding their license
  • Reveal any material relationship with any one else on the contract – including any business entity acting as principal – i.e. “Listing Agent is a member of _____, LLC which is the Seller in this transaction.”
  • If this is your personal primary residence, if you complete the “Agent Owner Letter” in FMLS & upload to your transaction in PPL, there is no FMLS fee.
    • PER FMLS: TO AVOID FMLS FEE,  NO LATER THAN 48 HOURS AFTER CLOSING, AGENT MUST COMPLETE FMLS “AGENT OWNER LETTER” & FMLS #118 & UPLOAD CLOSING SETTLEMENT STATEMENT INTO MX1 TRANSACTION MANAGEMENT SYSTEM – THESE 3 DOCUMENTS MUST BE DELIVERED (via Email or Fast Forms) TO FMLS NO LATER THAN 3 DAYS TO AVOID FMLS FEE
  • Even if you choose to take a reduced or $0 commission, the full MX1 Transaction  fee / Split is due
  • If any of the parties in the transaction require Broker’s permission to take a reduced commission or $0 commission, please make that request for a Broker Commission Permission Letter in your transaction in Paperless Pipeline & email that request to the Managing Broker & your Compliance Broker.  We will need the following information: There is a “Commission Permission” Letter template in the Reference Section of Paperless Pipeline for you to complete
    • Your name as it appears on contract (& parties) as Buyer or Seller (i.e. you & spouse)
    • Total commission for your side of the transaction
    • Total amount of commission you wish to apply towards the deal
    • You must STILL pay all of your Transaction fee or Split, Royalty fee, MLS fees & any overdue agent fees – so we will not be able to give permission for the amount of these to go into the deal.

I have read and understand the above and agree to comply.

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CAR INSURANCE

All agents are requested to provide the company with proof that Maximum One Realty Greater Atlanta or Maximum One Greater Atlanta, REALTORS® is listed as an additional insured party on their car insurance, and that they are carrying at least the minimum required coverage.  This will not affect the premium you are now paying.

The minimum coverage you must be carrying is $100,000 (liability per person)/$300,000 (maximum liability amount)/$50,000 (property damage). However, we recommend that, in order to ensure adequate coverage, you carry $250,000/$500,000/$100,000.

STEPS TO FOLLOW

  1. Call your auto insurance agent
  2. Ask them to add Maximum One Realty Greater Atlanta / Maximum One Greater Atlanta, REALTORS® as a named “Additional Insured”
    (they can remove your previously affiliated Real Estate Company, if named)
  3. Request that a copy of this change and a copy of your coverage be sent to:
                Maximum One Realty
                1355 Terrell Mill Rd    , Bldg. #1464, Marietta, GA 30067

I have read and understand the above, and I agree to comply.  I further agree to indemnify and hold Maximum One Greater Atlanta Companies harmless from any liability resulting from automobile, property damage, or bodily injury claims.

If Maximum One Realty Greater Atlanta / Maximum One Greater Atlanta, REALTORS®  is not added as an additional insured, then you agree to not take any clients or customers in your car for transport regarding any real estate purpose.  If you do take a client or customer in your car and there is a lawsuit or threat of a lawsuit regarding any incident involving you, the car and /or the client/customer, you agree to indemnify and hold Maximum One Greater Atlanta Companies harmless from any liability resulting from automobile, property damage, or bodily injury claims.

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EARNEST MONEY HANDLING PROCEDURES

Earnest Money and pending Contracts must be submitted to Maximum One™ within 72 hours of the Binding Agreement Date unless otherwise specified and agreed-upon by the parties in the contract, so that we may comply with the deposit rule of 5 banking days as noted in GAR Contract forms 3 banking days as noted in the RE Contract Forms and Georgia Law.  Note that those are clock hours, not “business hours”.

Maximum One does not accept personal checks for Earnest Money of $5,000 or more. Maximum One does not accept certified funds for Earnest Money of $10,000 or more – see below.

Maximum One does NOT accept ACH for any amount of Earnest Money.

Our office has envelopes for Earnest Money (described below), and Agents have the ability to use Remote Earnest Money Deposit, or BankShot to get deposits in within the given timeline.

Never drive around with someone else’s Earnest Money in your mobile office, briefcase, etc.  You are liable for the Earnest Money when in your possession.                

Earnest Money Envelopes:  Use a white envelope for Earnest Money; it will be DEPOSITED IMMEDIATELY by your Broker.  Fill out the front of the pre-printed envelope, insert the check, seal and leave in the office drop box.

I have read and understand the above, and I agree to comply.

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EARNEST MONEY OVER $5,000 & LESS THAN $10,000 MUST BE in CERTIFIED FUNDS or WIRED

I acknowledge that if Maximum One will be holding $5,001 – $10,000 in Earnest Money on behalf of a client / customer / member of the public, it MUST be in the form of CERTIFIED FUNDS or wired.  Maximum One will NOT accept Earnest Money over $5,000 in a personal check, or cash or money order.   I have read and understand the above, and I agree to comply.  Failure to comply may result in disciplinary action, up to and including $250 fine and/or de-hiring from the firm.

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EARNEST MONEY OVER $10,000 MUST BE WIRED

I acknowledge that if Maximum One will be holding more than $10,000 in Earnest Money on behalf of a client / customer / member of the public, it MUST be wired.  Maximum One will NOT accept Earnest Money over $10,000 in certified funds, or a personal check, or cash or money order – ONLY wired funds will be accepted.   I have read and understand the above, and I agree to comply.  Failure to comply may result in disciplinary action, up to and including $250 fine and/or de-hiring from the firm.

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WIRE INSTRUCTIONS FOR EARNEST MONEY / DOWN PAYMENT / PROCEEDS / OTHER

I acknowledge that I will NEVER Email Wire instructions to the public for Earnest Money / Down Payment / Proceeds / or Any Other Monies.  I will never email Wire Instructions for any Maximum One accounts or share the Wire Instructions by Email for any Closing Attorney accounts.  I also acknowledge that I will present all clients / customers with the Maximum One Wire/Cyber Fraud Disclosure / Disclaimer / Warning & make every attempt to get them to sign this written warning.  If I violate this Policy and email wire instructions to a member of the public, I agree to incur the costs for any legal actions that may result in the violation of this policy. 

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POWER OF ATTORNEY & DUAL AGENCY POLICIES

I acknowledge that it is Maximum One’s policy to not allow our Agents to be designated as Power of Attorney when representing a client or customer.

It is also policy that Maximum One does not allow our Agents to act in a Dual Agency situation without specific permission from a Broker. Any time that I represent one party of a contract as a Client, and the other party is unrepresented, I will notify my broker immediately to ensure proper disclosure/representation is made.

I have read and understand the above, and I agree to comply.  Failure to comply may result in disciplinary action, up to and including $250 fine and/or de-hiring from the firm.

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72 HOUR RULE FOR CONTRACTS

I understand that I am required to submit / upload to MX1 transaction management system (Paperless Pipeline) my new listings, pending, lease, and other contracts within 72 hours of signatures.

I also understand that a late fee of $75 will be added to my bill or taken out of my commission check if I fail to submit my paperwork within 72 hrs  of acceptance (i.e. public signature(s) and that the Broker may be required to report this activity to other parties of the contract or to the Georgia Real Estate Commission.

I have read and understand the above, and I agree to comply.

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POLICY MANUAL NOTIFICATION

There is a copy of the Maximum One Policies and Procedures Manual online on the Reference Section of Paperless Pipeline & on every weekly newsletter/email “This Week at Maximum One.  It is agent’s responsibility to be aware of any and all Policy Changes.  These changes will be announced in “This Week at Maximum One” and also potentially via mass email / blog post / newsletter sent out to agents via Brokerage.  All agents must adhere to policies and procedures and protocol of Maximum One. 

I understand that I am responsible for its content including updates and that I may copy it for my records.

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MONTHLY AGENT BILL

Your monthly bill will be distributed prior to the 20th of the month and will be due on the 20th of the month.  All bills paid after 5:30pm on the 1st day of the month will be considered late and subject to a $25 late fee.  If the 1st ends on a weekend, then the following Monday will be considered the deadline. The bill you receive pays your monthly fee for the following month and any fees you have incurred for the previous month.

We are not in the business of carrying agent receivables and agent bills must be cleared to a zero balance at the end of each month.  If Maximum One™ shows an unpaid balance past due and agent earns a commission, Maximum One™ will take the unpaid outstanding balance from the commission prior to disbursing funds to the agent.  Multiple unpaid bills will result in the Associate being asked to move license to the Holding/Referral Company or license being released and negotiation of a payment plan to pay off the balance owed.

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EMAIL INTEGRITY

Our emails are available for all associates to have access to each other in the Maximum One family.  They are located on the Reference Section of Paperless Pipeline.  Please make sure these are used for Business Purposes only.  Business Purposes are described as advertising our company listings or Open House/Caravan. Political, Religious or the promotion of a non-preferred Vendor shall be strictly prohibited.  Our preferred Vendors and Alliance Partners will periodically send emails about their services, changes in services, compliance changes, special promotions or rates.   Thank you, in advance, of your cooperation.  Violators of this integrity may be subject to disciplinary action including the de-hiring process.

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ELECTRONIC 1099 TAX FORM CONSENT

I consent to receive an electronic Form 1099.  This consent is effective for Forms 1099 issued all future periods until consent is withdrawn or the individual is no longer an active agent with Maximum One™ Greater Atlanta.

After giving consent, an agent may still request a paper Form 1099 by contacting the Accounting office in writing.  This may be done via email to AgentBilling@eAGENTweb.com  , U.S. mail to:  Maximum One Greater Atlanta, 1355 Terrell Mill Rd., Bldg #1464, Marietta, GA 30067 Attn:  Tax Form Request.  The request for a paper 1099 will not terminate consent.

An agent may withdraw his or her consent by  contacting the Accounting office in writing.  This may be done via email to AgentBilling@eAGENTweb.com  , U.S. mail to:  Maximum One Greater Atlanta, 1355 Terrell Mill Rd., Bldg. #1464, Marietta, GA 30067 Attn:  Tax Form Request. The withdrawal of consent does not apply to a Form 1099 that was furnished electronically before the withdrawal of consent . 
                                                                                                                                     
Maximum One™ Greater Atlanta will not provide the Form 1099 electronically to an individual who has terminated his or her contract with Maximum One™ Greater Atlanta prior to January 31 of the following year in which the commissions were earned.  These individuals will receive paper copies via U.S. mail.  Only active Maximum One™ agents will have access to the electronic version of Form 1099.  If a former agent requires an additional copy of the Form1099, he or she may follow the aforementioned methods of contacting the Accounting office.

An agent must immediately update any contact information (email address, mailing address, etc.) by contacting the appropriate Maximum One representative: Donna Black:  agentbilling@eagentweb.com 770-919-8825 x 324.

IF SENT ELECTRONICALLY, the electronic version of Form 1099 will be available on the web site for at least 2 years from its original posting date.

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ADVERTISING POLICY


I certify that I am in compliance with the most current Georgia Real Estate Commission (GREC) trade name rules.  I understand that I am responsible for insuring that all my:

Signs, directional signs, business cards, flyers, stationary, post cards and anything else that would be considered as advertising is in compliance with GREC Rules, by including our firm trade name (or specific trade name as approved by Maximum One™) as registered with the Commission (Maximum One Realty Greater Atlanta or Maximum One Greater Atlanta, REALTORS® – depending on the MX1 Greater Atlanta Company to which you are affiliated) and logo as it appears on this page or other format approved by my Broker.  If I am unsure if an item is considered advertising I will check with the Broker / Managing Broker / Compliance Broker / Broker Specialist for clarification.  I understand that on all marketing of a listing the firm name and Broker telephone number must be included on all marketing of a specific property and that my contact information cannot be larger or more prominent than the Broker’s information. I understand that the Broker Name and phone number must appear on every page of my website. I understand that all advertising on “Social Media” must include a link to a website that DOES meet ALL GREC Media / advertising compliance.

I will get all my marketing and printing materials approved by the Broker in advance of printing and/or distribution.  If I violate any of these policies and Maximum One® is issued a fine based on my unapproved marketing, I realize that I will be responsible for paying the entire fine.

I have read the attached “GREC Marketing & Advertising Guide”

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FMLS COVENANT

I have read the First Multiple Listing Service, Inc. (FMLS) Rules & Regulations & Administrative Procedures: https://www.fmls.com/rules-and-regulations   &  https://www.fmls.com/administrative-procedures

 I understand them fully and agree to abide by them.  I also understand that all listings taken in an “FMLS Compulsory Area” must be entered into FMLS and are always subject to the .12% fees. 

In consideration of FMLS extending to me the privilege of associate membership, I do hereby covenant and agree as follows:

  1. I will abide by the articles of incorporation, by-laws and the rules and regulations of FMLS as the articles, by-laws, rules and regulations exist as of this date or may be amended from time to time.
  2. I realize and understand the confidential nature of the information contained in the FMLS internet system.  I agree to exercise diligent care in protecting the information contained in the FMLS internet system.  I agree to exercise diligent care in protecting the information contained therein. Under no circumstances will I allow such information to fall into the hands of non-FMLS agents or other employees or owners of non-FMLS companies or any other individuals, companies or organizations.
  • I realize that FMLS is due a fee and Maximum One will deduct the required FMLS fee for any contract which indicates that the Listing Broker has a Client relationship with the Seller that Listing Broker is a member of FMLS & the property is in an FMLS Compulsory Area regardless if I found this listing in FMLS.

The above is subject to termination of this associated membership in accordance with the by-laws, rules and regulations of FMLS.

I represent that I am a full-time licensed real estate salesperson in the state of Georgia associated with

Maximum One Realty Greater Atlanta    broker code: MXGA01    a member of FMLS.

Maximum One Greater Atlanta, REALTORS®   broker code: MXGR01  a member of FMLS.

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GAMLS COVENANT

If at any point I opt-in to GAMLS, I have read the First Multiple Georgia Multiple Listing Service (GAMLS) Rules & Regulations and Compliance Rules: .https://www.gamls.com/assets/downloads/forms/membership/GAMLS_RULES_AND_REGULATIONS.pdf  &  https://www.gamls.com/membership/compliancerules

I understand them fully and agree to abide by them.  I also understand that all listings entered into FMLS must also be entered into GAMLS. 

In consideration of GAMLS extending to me the privilege of associate membership, I do hereby covenant and agree as follows:

  1. I will abide by the articles of incorporation, by-laws and the rules and regulations of GAMLS as the articles, by-laws, rules and regulations exist as of this date or may be amended from time to time.
  2. I realize and understand the confidential nature of the information contained in the GAMLS internet system.  I agree to exercise diligent care in protecting the information contained therein.  I agree to exercise diligent care in protecting the information contained therein.

The above is subject to termination of this associated membership in accordance with the by-laws, rules and regulations of GAMLS.

I represent that I am a full-time licensed real estate salesperson in the state of Georgia associated with

Maximum One Realty Greater Atlanta    broker code: MXGA01    a member of GAMLS.

Maximum One Greater Atlanta, REALTORS®   broker code: MXGR01  a member of GAMLS

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GREC License Laws on Marketing/Advertising

  • You are required to review the GREC advertising rules & regulations:  Complete rules on advertising can be found in Rule 520-1-.09  www.grec.state.ga.us
  • All advertising (print media, signs, website, e-mail, business cards, blogs, vlogs, Craigslist, Facebook, etc…) by an affiliate licensee must be done in the name of firm and under the supervision of the broker.  When a licensee advertises a specific property or properties for sale, for rent, or for exchange, the name of the licensed firm offering the property must appear in equal or greater size, prominence, and frequency than the name or names of any affiliated licensees or groups of licensees. Additionally, the telephone number of the firm must appear in equal or greater size, prominence, and frequency than any telephone numbers of any affiliated licensees or groups of licensees.  See also Rule 520-1-.09
  • All marketing materials must be approved by your Broker or the Managing Broker
  • Any advertising on the Internet by a licensee of real estate for sale shall disclose the name and telephone number of the licensee’s firm on every viewable web page of a website except as herein otherwise provided
  • Licensee must make every reasonable attempt to assure that the public knows they are being contacted by a real estate agent

GREC Advertising Guide

  • (Including Specific Property)
    • Is Not Misleading or Inaccurate
    • Does Not Discriminate
    • In the Name of the Broker (Firm not the person)
      • Corporate Name or Trade Name as approved by GREC
      • In a manner reasonably calculated to attract the attention of the public
    • Reviewed & Approved by the Broker
  • (House, Apartment, Subdivision, Condo, Land, Etc.)
    • REQUIRED
      • Brokerage Name – Corporate or Trade Name as Registered with GREC
      • Brokerage Phone Number as registered with GREC (but can have agent extension afterwards as long as when public calls there is an option for them to get to Broker without having to go through agent)
      • Broker’s Name equal or greater size, frequency or prominence than agent(s).
      • Broker’s telephone number is equal or greater size, frequency or prominence than telephone number of agent(s).
      • Can use the size of Broker’s Logo in name as measurement “yardstick” for size
    • OPTIONAL
      • Affiliate Licensee(s) or Team Name
      • Telephone number other than broker
      • E-mail/Web address

Advertising Licensee-Owned Property

  • Written notification to Broker PRIOR to signing contract for listing / purchase / sale / lease / option / exchange
    • Broker’s written consent & approval
    • Includes appropriate licensee disclosure – This is required even for INACTIVE agents who still hold a real estate license
      • “Seller holds a real estate license in Georgia” or
      • “Georgia Real Estate License Number ______”
    • Complies with Rules on advertising specific property

ELECTRONIC Marketing:

  • Agent Website – EVERY page must include Brokerage Name & Brokerage Phone Number
    • All other Electronic Marketing – if you don’t have enough room for all of GREC compliance, you MUST include a link to a website (yours or your Broker’s) that IS in full-blown GREC compliance – i.e. the public must be 1 click away from something that does meet GREC marketing compliance laws

Broker’s Address:

  • There is NOTHING in GREC License Law about a Brokerage Address being on anything – not required on signs, business cards, postcards, etc.
    • BUT GREC does allow for a Brokerage to have a policy requiring the Brokerage address being business cards or anything else

Business Cards:

  • Must meet terms of ALL Marketing
    • Does not need Broker’s Phone Number UNLESS
      • Broker requires by policy
      • That Business Card will ever be in a listing

Directionals:

  • They are marketing a specific property so per GREC, directional should meet the terms of marketing a specific property

Resources:

Proposed Rule Changes as of GREC Hearing 3/11/20

  • The proposed rule amendments were considered for adoption by the Commission at its meeting on March 11, 2020, at 9:30 a.m. following the public hearing.
  •  
  • Update as of 3/12/20 – GREC Rule Change – Teams Definitions & Prohibited Words for Advertising: GREC met on March 11th and had a public hearing and was scheduled to vote. Based on the calls & emails and discussions at the Public Hearing, GREC is going to propose an UPDATED Rule Change to the definition of “Team” & “Team Captain” as well as what words may be used in marketing & advertising. It appears that GREC may allow the use of “Real Estate” “Realty” Broker” “Associate Broker” and some others. They will vote on the new Proposal in their April meeting and then bring up for a public hearing before voting it into law. Other issues they are taking into consideration: grandfathering in marketing (i.e. YouTube videos) that includes any prohibited words, giving a several month “grace” period for agents to switch over their marketing, and more. Many issues were discussed at the Public hearing.
  •  
  • Note as of 4/14/20: Due to the current Coronavirus Pandemic, GREC has suspended their meetings.  This issue will most likely be delayed .
  • Note as of 2/3/22: GREC had a meeting 7/14/21 where additional discussion caused additional law changes.  Another Public Hearing was scheduled for 10/13/21. I have no further information and nothing has been published by GREC as of 2/3/22.
  • ***AS OF 2/3/22 THERE HAVE BEEN NO DEFINITIVE RULE CHANGES MADE BY GREC TO THE BEST OF THE SCHOOL’S KNOWLEDGE.” –For More Information See:  https://grec.state.ga.us/

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA REAL ESTATE COMMISSION RULES CHAPTER 520 Rule 520-1-.02 – Terms

  • Purpose: The purpose of this proposed amendment is to define the terms “Team” and “Team Leader” as they relate to real estate brokerage activity in Georgia.
  •  
  • Main Feature: Defining the terms “Team” and “Team Leader”.
  •  
  • CHAPTER 520 Rule 520-1-.02 (2) – Terms
  • (u) “Team” is comprised of two or more licensees who
  • 1. act on behalf of, and are affiliated with, the same firm;
  • 2. work together on a regular basis to provide real estate brokerage services;
  • 3. represent themselves to the public as a team; and
  • 4. are identified by a team name.
  •  
  • (v) “Team Leader” is a licensee designated by his or her qualifying broker or broker as a Team Leader. Each Team in a firm must have a Team Leader. Each Team Leader shall maintain an accurate list of the names, license numbers, contact information for each team member, and provide the list to the qualifying broker or broker of the firm.

SYNOPSIS OF PROPOSED AMENDMENTS TO THE GEORGIA REAL ESTATE COMMISSION RULES – CHAPTER 520 Rule 520-1-.09 – Advertising

  • Purpose: The purpose of this rule is to provide guidance for real estate firms and to help prevent confusion by the general public, regarding the advertising of real estate Teams in Georgia, by identifying requirements that are specific to the advertising of Teams for Georgia real estate salespersons, brokers and firms.
  •  
  • Main Features: Identifying the responsibilities of Team Leaders, qualifying brokers or brokers when advertising Teams. Identifying required and prohibited words and phrases used in Team advertising.
  •  
  • CHAPTER 520 Rule 520-1-.02 (11) – Advertising as Teams
  • (a) It shall be the Team Leader’s responsibility to submit all team advertising to the qualifying broker or broker of the Firm of which the Team is affiliated. The qualifying broker or the broker shall timely review all advertising by Teams to assure compliance with the advertising rules of Chapter 520-1-.09.
  • (b) The word “team” or “group” must be included as part of the name for all Teams. Real estate team or group names may not include the following words or phrases, or variations thereof:  
    • Associate Brokerage         
    • Company            
    • Corp                           
    • Inc                 
    • LLP
    • Broker                                  
    • Corporation        
    • Incorporated             
    • LLC                 
    • LP
    • Real Estate                           

As of 2/3/22 – These Words/Phrases have changed to:

  • Brokerage
    • Broker
    • Company
    • Corporation
    • Corp.
    • Firm
    • Incorporated
    • Inc.
    • LLC

As of 6/22/22 – These Proposed Rule Changes Regarding Teams was VETOED by the Governor’s Office

  • Governor Brian Kemp vetoed these proposed License Law changes due to lack of consumer complaints & potential restraint on trade & unnecessary government regulations
  • So there will be NO changes in License Law or GREC Rules to the marketing & advertising of Teams nor to the definitions & responsibilities of Team Leaders

Future Plans by GREC – per Deputy Commission Craig Coffee as of 6/22/22

  • Amending the GREC Marketing & Advertising Rules to make them LESS restrictive & more general (i.e. not have different rules for advertising a specific property vs. marketing your services as a real estate agent – approximately 12 – 24 months away
  • Potential required CE coursework specifically for Brokers – on the horizon – being investigated by GREC Educational Advisory Committee
  • Issue: Different types of Brokers – Residential, Commercial, Property Management, CAM, etc.
  • Issue: Add 3 additional required hours, keep within the 36 required hours, in addition to required License Law course, in place of required License Law course, etc.


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Transferring Agents Into & Out of Maximum One When They Have Existing Business (Listings &/or Pendings)

Each Maximum One Company (Realty & Realtor) are completely separate firms from other Maximum One Franchises & from each other; the following information applies when agents transfer into or out of Maximum One from:

  • Another MX1 Franchise
  • Another Brokerage completely
  • Maximum One Realty Firm (MXGA)  to Realtor Firms (MXGR) & Vice-versa

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Maximum One Agents Leaving Maximum One must complete an Agent Exit Form that includes a GREC Change application

  • Contact Vivian Cade – ASC@eAGENTweb.com 770-919-8825 x 312 to receive this form via Docusign to complete

Typically, Brokers will allow an agent to take Active Listings with them to the new Firm & leave Pending Transactions with Existing Firm – check the Independent Contractor Agreement and Policy Manual of your former firm

Existing Active Listings (If the Releasing Broker Allows the Agent to bring their Active Listings with you to Maximum One)

  • Agent must complete an FMLS #116 to transfer from old firm to Maximum One (Needs Former Broker signature to release)
  • Agent must complete the GAMLS Listing Withdraw/Transfer Form from their old firm to new firm (needs former Broker signature to release AND New Broker’s signature to accept)
  • Agent must terminate Listing Agreement with former firm – Amendment to Brokerage Engagement
  • Agent must sign a NEW Listing Agreement with Seller to transfer to new firm
  • Agent must change out yard signs & marketing
  • Agent must enter listing in FMLS & GAMLS because now it will be under new Broker Code
  • THIS ALL APPLIES EVEN WHEN TRANSFERRING BETWEEN REALTY (MXGA) & REALTOR (MXGR) COMPANIES

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Pending Transactions with Firm Agent is Leaving

  • Agent must consult the Independent Contractor Agreement (ICA) & Policy Manual with former firm for any information regarding change in compensation for this transaction upon agent’s leaving (this information must also be included in ICA or Policy Manual – per License Law)
  • The agent’s NEW Broker, MUST get in writing a signed document with the agent’s former Broker regarding the former Broker accepting liability for the Pending Transactions agent is leaving there but still working on & getting paid on (if former Broker agrees)
  • The GAR CO12 includes all the required information to stay in compliance with License Law
    • Property Addresses
    • Which Broker is accepting Liability for those transaction
    • Compensation to agent
    • Written permission from Both Brokers
  • New Broker must give Agent’s Former Broker written permission that their Former Broker may pay the agent on the Pendings agent is leaving at former firm

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Agents Transferring Between MX1Realty & Realtor Firms – MXGA to MXGR & Vice Versa

  • All the above applies with existing business
  • Agent must sign a new ICA with the new company & a GREC Change form
  • The entire sign-on package is not needed but the ICA & GREC Change form are needed
  • Agent will also be changed in GREC, FMLS & GAMLS

Maximum One Agents Transferring Between Maximum One Companies must complete an Agent Exit Form that includes a GREC Change application

  • Contact Vivian Cade – ASC@eAGENTweb.com 770-919-8825 x 312 to receive this form via Docusign to complete

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Agents Leaving Maximum One with Existing Business

  • The agent is allowed to take Active Listings with the Agent
  • Make sure the Agent terminates the Listing Agreement & completes the FMLS #116 & GAMLS Listing Transfer/Withdraw form
  • If agent’s NEW company does not have GAMLS, then agent must withdraw the Listing from GAMLS & pay Maximum One $25 withdrawal fee for each listing (because GAMLS will charge Maximum One)
  • For Pending Transactions, they stay with Maximum One and Agent needs to complete the GAR CO13 for Broker signatures – “Agreement Between New Broker & Former Broker of a Transferring Licensee”
  • Agent will need to acquire the NEW Broker’s Written permission for Maximum One to pay the agent on those Pendings when they close BEFORE you pay them – per License Law, you cannot pay another Broker’s Agent without their written permission – complete the GAR CO13 for Broker signatures – “Agreement Between New Broker & Former Broker of a Transferring Licensee”
  • Agent may still manage that transaction in Paperless Pipeline & Broker will have to manage in FMLS & GAMLS (if a listing under contract) because that agent will no longer have access to the listing under Maximum One Broker Code
  • MX1 Greater Atlanta does NOT allow a DA (Pay-at Close) for agents who have left the firm
  • All of the above Information & actions & forms required by agent are included on the Agent Exit Sheet that the agent must complete when requesting to be released

To Transfer Your ReMine Docs+ Files in FMLS:

  • ReMine Docs+ Files may be transferred by the Qualifying Broker.  So if you join us from another Brokerage, your current Files go to your Previous Broker.  Your Previous Broker will have to log in to FMLS & transfer those tiles to you via your FMLS Login ID.
  • If you transfer between MX1 companies or leave Maximum One, contact Managing Broker: Dana Sparks – Dana@MaximumOneRealty.com to transfer ReMine Docs+ files to you

I hereby acknowledge that I have read the above document and agree to comply with its provisions.

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Fair Housing

https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

Housing discrimination is illegal in nearly all housing, including private housing, public housing, and housing that receives federal funding.

The Fair Housing Act

The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing.

Learn about the History of the Fair Housing Act, and read Examples of the many forms of housing discrimination.

Who Is Protected?

The Fair Housing Act prohibits discrimination in housing because of:

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Familial Status
  • Disability
  • Additionally, Maximum One Companies also prohibit discrimination in housing because of: Sexual Orientation &/or Gender Identity

What Types of Housing Are Covered?

The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

What Is Prohibited?

In the Sale and Rental of Housing:

It is illegal discrimination to take any of the following actions because of race, color, religion, sex, disability, familial status, or national origin:

  • Refuse to rent or sell housing
  • Refuse to negotiate for housing
  • Otherwise make housing unavailable
  • Set different terms, conditions or privileges for sale or rental of a dwelling
  • Provide a person different housing services or facilities
  • Falsely deny that housing is available for inspection, sale or rental
  • Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination
  • Impose different sales prices or rental charges for the sale or rental of a dwelling
  • Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements
  • Evict a tenant or a tenant’s guest
  • Harass a person
  • Fail or delay performance of maintenance or repairs
  • Limit privileges, services or facilities of a dwelling
  • Discourage the purchase or rental of a dwelling
  • Assign a person to a particular building or neighborhood or section of a building or neighborhood
  • For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)
  • Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex, disability, familial status, or national origin of the owner and/or occupants of a dwelling
  • Deny access to or membership in any multiple listing service or real estate brokers’ organization

For more information and examples, visit Examples of Housing Discrimination.

In Mortgage Lending:

It is illegal discrimination to take any of the following actions based on race, color, religion, sex, disability, familial status, or national origin:

  • Refuse to make a mortgage loan or provide other financial assistance for a dwelling
  • Refuse to provide information regarding loans
  • Impose different terms or conditions on a loan, such as different interest rates, points, or fees
  • Discriminate in appraising a dwelling
  • Condition the availability of a loan on a person’s response to harassment
  • Refuse to purchase a loan

For more information about discrimination in mortgage lending, visit Fair Lending.

Harassment:

The Fair Housing Act makes it illegal to harass persons because of race, color, religion, sex, disability, familial status, or national origin. Among other things, this forbids sexual harassment. Learn more about sexual harassment here.

Other Prohibitions:

In addition, it is illegal discrimination to:

  • Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise the right
  • Retaliate against a person who has filed a fair housing complaint or assisted in a fair housing investigation

Advertising:

For more information about advertising and the Fair Housing Act, visit Advertising and Marketing.

Additional Protections For Persons With Disabilities:

Housing providers must make reasonable accommodations and allow reasonable modifications that may be necessary to allow persons with disabilities to enjoy their housing. Get more information about reasonable accommodation here.

Certain multifamily housing must be accessible to persons with disabilities. Get more information here.

Additional Resources

“Familial status” means generally to have custody of one or more individuals under 18 years of age.

Any person found to have violated the Act may be fined up to $65,000.

It is the policy of Maximum One to comply with the provisions of the Act, and as a condition to your

continued association with Maximum One, you are hereby instructed to comply with the provisions of the

Act, including, but not limited to your not engaging in any of the unlawful practices listed above.

It is further agreed and understood that Maximum One will not be required to defend you if you are

accused of violating any provision of the Act.

I hereby acknowledge that I have read the above document and the NAR Real Estate Brokerage Essentials on Fair Housing “Chapter 6” available in the Maximum One Policy Manual and in continued association with Maximum One, I hereby agree to comply with its provisions.

Fair Housing Laws – More Here: https://www.nar.realtor/fair-housing/fair-housing-declaration

Real estate brokers are subject to a web of federal, state and local fair housing laws that are intended to eradicate discriminatory conduct in the sale or rental of dwellings and promote residential integration. The methods of enforcing these laws are varied and the penalties that can be exacted for a violation are severe. For most real estate firms, the practical effect of a finding of liability is a serious financial loss, coupled with public embarrassment and reputational loss. Noncompliance with fair housing laws is a risk that responsible real estate brokers simply cannot assume as a cost of doing business. Thus, to reduce risk, real estate brokers should consider offering comprehensive education and training of all sales associates and staff to ensure a thorough understanding of the obligations and prohibitions outlined in fair housing laws.

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Non-Discrimination Agreement                          

It is the law of the land that no person shall be discriminated against on the basis of sex, race, color, religion, national origin, handicap, familial status, sexual orientation or gender identity.  As a condition of continued association with Maximum One®, I agree to abide by and promote the following:

  1. It is the policy of this office that no person will be discriminated against in either hiring or firing of personnel on the basis of sex, race, color, religion, national origin, handicap, familial status, sexual orientation or gender identity.
  2. Furthermore, it is the policy of this company that the independent contractors (sales associates) will not discriminate in the showing, selling, leasing, advertising or listing of real estate because of sex, race, color, religion, national origin, handicap, familial status, sexual orientation or gender identity.
  3. Should a sales associate be accused of discrimination, an investigation will be conducted by the broker and if the investigation confirms the accusation, the sales associate’s actions will be reported to the Georgia Real Estate Commission for further investigation and necessary action.
  4. Maximum One®, its management, administrators and associates endorse and affirm the “Voluntary Affirmative Marketing Program” as evidenced by the signature of its principal broker.   A basic premise to which we subscribe is that individuals with similar financial resources and interests in the same housing market area have a like range of housing choices available to them regardless of their sex, race, color, religion, national origin, handicap, familial status, sexual orientation or gender identity.

Further principals to which we subscribe are: a) that a free housing choice is a choice free of practices or influences that would limit that choice because of sex, race, color, religion, national origin, handicap, familial status, sexual orientation or gender identity origin and b) that information and services will be made available to enable all buyers and renters to have free housing choices.

I have read, understand and agree to abide by the policies and procedures set forth above.

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ANTI-TRUST COMPLIANCE POLICIES OF
MAXIMUM ONE® GREATER ATLANTA COMPANIES

  1. The commission rates of our firm are based upon the cost of the services we provide, the value of these services to our clients, and competitive market conditions.  Our commission rates are not determined by agreement with, or recommendation or suggestion from, any person not a party to a listing agreement with our firm.
  2. Salespersons affiliated with this firm shall not participate in any discussion with any person affiliated with, or employed by, any other real estate firm concerning the commission rates charged by this form, or any other real estate firm in our community.
  3. When soliciting a listing, or negotiating a listing agreement, no salesperson affiliated with this firm shall make any reference to a “prevailing” commission level in the community, the “going rate” or any other words or phrases that suggest that commission rates are uniform or “standard” within our marketing area, or that agencies will not show properties unless there is a specific commission rate.
  4. The amount of compensation or “commission split” offered by this firm to cooperating brokers is determined by the level of service we can expect a cooperating office to perform, and the amount of compensation, or commission splits, are not intended and may not be used to induce or compel any other real estate firm on our marketing area to raise or lower the commission they charge to their client.
  5. When soliciting or negotiating a listing agreement, no salesperson affiliated with this office shall disparage the business practices of any other real estate firm, nor suggest that this office, or any other office, will not cooperate with any other real estate firm.  Listing presentations shall focus exclusively upon the level of service and professionalism provided by this office, the results we have achieved for other clients, and the value the client can expect to receive for the fees we charge.   Potential clients should be invited, and encouraged, to compare the value of our services to those of any other real estate firm in our marketing area.  Likewise, any salesperson who is invited by a potential client to compare our service with those of any other real estate should do so by emphasizing the nature and quality of the services we provide.
  6. Whenever a salesperson is unsure about the proper way to respond to the concerns of an actual or potential client or customer, or whenever a salesperson has been present during an unauthorized discussion of fees or commissions, he/she should verbally disavow any involvement in the conversation, leave the premises, and contact his/her Broker immediately.  If necessary, the Broker will consult our firm’s attorney.
  7. Salesperson should avoid stating indicating or implying that real estate services for a Buyer are “Free” or “Paid for by the Seller or Seller’s Broker.”
  8. Real Estate Salesperson listing a property for sale or lease in any MLS service shall clearly indicate the co-op commission that a Buyer’s Broker may expect to get paid by the Seller’s Broker for being the Procuring Cause of Sale.
  9. Real Estate Salesperson listing a property for sale or lease in any MLS service shall immediately check the accuracy of the co-op commission being offered to a Buyer’s Broker, confirm this amount with the Seller and if necessary, make any corrections immediately.

I have read, understand and agree to abide by the policies and procedures set forth above.