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OFFICE MANUAL (01/06/13)
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MISSION STATEMENT
Stomp’s mission is to engage, empower and enable through
communication, knowledge and trust; we are committed to a
relationship model, in which all those involved in the real estate
process can flourish.
INTRODUCTION
This office manual is designed to define and explain the policies, procedures and guidelines adopted
by STOMP Realty for the conduct of business by our Sales Representatives and Brokers. This
document is to be read in concert with the Sales Representative Independent Contract Agreement.
This Manual is electronically posted on the Company’s intranet site and updated periodically. It is the
Sales Representative’s responsibility to keep current on changes to this policy, such changes will be
communicated by way of email.
DEFINITIONS
STOMP, and/or STOMP Realty is defined as Stomp Realty Inc., Brokerage;
Sales Representative is defined as, or is the same as: IC, Independent contractor,
Sales person, Broker and/or Realtor;
RECO is defined as Real Estate Council of Ontario;
TREB is defined as Toronto Real Estate Board;
Call Centre is defined as call centre;
Manager is defined as respective Branch Manager.
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1. CONFIDENTIALITY
All company policies, procedures, guidelines, and agreements are confidential and proprietary.
2. MEMBERSHIPS
STOMP Realty is a member of the Toronto Real Estate Boards, The Ontario Real Estate Association
and the Canadian Real Estate Association. The Company, and all of its employees and licensed
independent sales representatives, will abide by a Code of Ethics and Standards set out by those
organizations.
3. REAL ESTATE LICENSE
It is the responsibility of the sales representative to keep his or her real estate license in good
standing and to ensure that all the required credit hours are completed in a timely fashion. Each sales
representative will be informed when his or her license renewal has arrived. It is the responsibility of
the sales representative to return the completed renewal to RECO with payment, to ensure that they
are in good standing. If the Salesperson does not renew on time the Brokerage must follow the
applicable guidelines and terminate the salesperson on the renewal date.
4. CORPORATE OFFICE, DEAL CENTRE(S) & ADMINISTRATIVE CONTACT
STOMP Corporate Office:
8 King Street East, Suite 800, Toronto, M5C 1B5.
T: 416-366-3030 F: 416-366-4656
The corporate office is where our accounting and executive offices are situated.
Deal Centre locations/hours:
Central Toronto: 51 Wolseley Street, Toronto, Ontario M5T 1A4
Monday to Friday, 9:00 to 17:00, with after hours agent access.
Agent work centres.
Contact emails: admin@stomprealty.com (all administrative questions and requests)
deals@stomprealty.com (deal and paperwork processing)
training@stomprealty.com (all training inquiries)
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5. APPOINTMENT DESK/CALL CENTRE
All appointment bookings are handled centrally through our call centre. The appointment desk is open
seven (7) days a week, twenty-four (24) hours a day.
The following is a list of the services provided by our appointment desk:
 Book appointments
 Page messages STOMP agents/managers/admin staff
 Confirm appointments
 Cancel any unconfirmed appointments
 Answer general questions and calls from vendors/tenants regarding appointments
 Transfer callers to the STOMP offices (if and when required)
 Placing outbound calls to vendors/tenants
 Placing outbound calls to requesting agents offices with confirmations/non confirmations
 Enter showing instructions for STOMP listings
 Page STOMP agents with appointments requested on listings without showing instructions
The appointment desk cannot be used for non-STOMP business.
6. SHOWING INSTRUCTIONS:
A “NEW LISTING SHOWING INSTRUCTIONS” info sheet must be completed in full and sent by
email to deals@stomprealty.com or faxed to the head office at 416-645-7046.
7. OFFICE & MANAGER SUPPORT
Administrative support will be provided to all salespeople at their designated deal office.
All offer generation is handled is specifically by the individual salespeople.
Team manager support will be available seven (7) days a week between the hours of 9AM and 9PM
through telephone, text and/or email communication, and will include assistance regarding offers,
strategies, offer presentations and marketing.
Unless given an exemption, all listing entries, offer and/or lease forms, must be reviewed by a Team
Manager.
All completed transactional paperwork must be submitted to Head Office within one business day.
The company offers training at in-office meetings to build rapport and provide relevant information to
our sales team.
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8. SALES MEETINGS & LEARNING SESSIONS
Sales meetings and learning sessions will be held regularly and all sales representatives are
encouraged to attend these meetings. Should an office meeting have to be cancelled, the sales
representatives will be notified by a group email.
9. STOMP INTERNAL COMMUNICATION
Email is the primary mode of communication within our organization. STOMP emails will contain
pertinent information that you will need to know and it is imperative that you read them.
A password protected intranet agent site (to be established shortly), will be used as a communication
and information hub. This site will contain office news, policy manuals, forms, artwork & graphics, and
forums.
STOMP agents may also request to join the STOMP Realtor Chat site,
https://www.facebook.com/groups/stomprealty/, a private Facebook group site where members can
post comments, questions, etc. If access to Facebook is not possible, STOMP agents can email
comments and questions to the page's wall: stomprealty@groups.facebook.com.
10. STOMP SOCIAL MEDIA SITES
STOMP uses social media extensively:
Youtube: http://www.youtube.com/StompRealtyInc
Twitter: https://twitter.com/StompRealtyInc
Facebook: https://www.facebook.com/StompRealty
Linked-In: http://www.linkedin.com/groups/Stomp-Realty-Inc-Brokerage-5034274/about
STOMP offers social media strategic support to agents through training sessions and group strategy
meetings specifically focus on promoting and enhancing an online presence. If you don't already have
accounts for each of these sites, we encourage you to create one.
11. SALES REPRESENTATIVES' MAIL FOLDER/FILES
Every sales representative will be given his/her own personal mail folder. Any, mail, reports, cheques,
etc. will be placed here for the sales representatives to pick up regularly. Management reserves the
right to remove the contents and courier to Representative at their expense.
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12. INTERNET ACCESS & POLICY
All offices are equipped with internet accessibility, and agents must adhere to the following:
 Agents may not participate in unauthorized chat groups or inappropriate Internet news groups, or
any "non-business-like" web site.
 Agents may not spread or forward chain letters, chain mail, or Spam.
 Agents may not download or install any unauthorized applications on STOMP Realty computer
systems without permission from management.
 Agents may not intentionally damage to or interfere with network resources.
 Agents may not defame, and/or communicate discriminatory statements, and/or act in a hateful,
harassing, threatening, abusive, racist, sexist, or malicious manner, and/or other antisocial
behavior.
 Agents may not transmit, download or access any obscene, pornographic or sexually explicit
material or participate in any Internet/Intranet forums dealing with the same.
 Agents may not use the resource for non-company commercial purposes nor may they transmit
any material on behalf of a third party without prior management authorization.
 Agents may not copy or transmit copyrighted material in violation of copyright laws.
 Agents may not knowingly propagate disabling devices, nor may they commit for service that
requires subsequent payment, unless authorized.
13. EMAIL AND CELL PHONE EXPENSES
Sales Representatives and Brokers are solely responsible for their monthly communication and cell
phone fees. If a problem with your system arises (including any billing problems) it is the sales
representative's responsibility to contact their service provider directly to correct the problem.
A STOMP email account can be provided to an agents upon request at no cost. Such requests
should be directed to admin@stomprealty.com.
14. PERSONNEL RECORDS
Government regulations dictate that the STOMP must keep an up to date personnel file on each
salaried and commissioned individual working for the company. Therefore, please ensure that any
changes in your home address and/or contact information be reported to the head office. Changes of
address and name changes must also be reported to RECO and the agent’s relevant Real Estate
Board in a timely manner.
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15. BUSINESS CARDS, SIGNS & MARKETING
New STOMP agents will be provided with 250 business cards at no cost.
All business card and sign design must be approved by management prior to printing and paid for by
Sales Representatives. Relevant information pertaining to branding, logo usage and preferred printing
providers is available on the STOMP office site.
STOMP encourages personal branding, however all personal brands/logos must conform to all proper
rules and regulations of advertising as outlined by RECO. The STOMP logo must be included in all
forms of advertising and is not to be altered in any fashion, such as colour, font, etc..
All STOMP agents will have full access to the IMPREV VIRTUAL MARKETING SYSTEM at no cost.
Each agent will be able to create STOMP branded marketing material including: brochures, business
cards, automated newsletter campaigns, slideshow tours, Craigslist ads, virtual tours and videos etc.
16. VACATION COVERAGE
As per RECO, a Salesperson that is away or unavailable for an extended period of time must ensure
that they organize appropriate coverage and notify the appointment desk and management. Should
the salesperson fail to provide coverage, the manager reserves the right to choose another
Salesperson to handle any business and will unilaterally decide the referral fee payable to the
substitute salesperson.
17. REFERRALS
Every effort will be made to match the client's needs to the right sales representative. As referrals are
received at the office, they will go the Manager and he/she shall distribute the referrals based on the
best salesperson-client fit and “fairness” of distribution.
18. COMMERCIAL/INDUSTRIAL PROPERTIES
Salesperson should not participate in deals involving commercial or industrial properties unless
previously approved by their branch manager. Such approval will only be given once the salesperson
satisfies the manager that they have the required commercial/industrial expertise and/or are
partnered with an agent that does have that expertise.
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19. ENQUIRIES - TELEPHONE OR EMAIL PROSPECTS
The office and call centre staff will follow this procedure when handling prospect calls:
 Ad calls go to the salesperson advertising the property only; sign calls go to the listing
salesperson only.
 Calls from other sales representatives are given to the Listing Sales Representative first; if they
are not available, the call will be given to the representative covering absence; failing that, the call
will be given to the Manager.
 Callers wanting to list calls will be asked whether they have a particular sales representative in
mind. If not, the call goes to the Manager on duty.
 Callers wanting to buy (other than sign or ad calls) will be asked whether they have a particular
sales representative in mind. If not, the call goes to the Manager on duty.
 When a caller requests a specific sales representative, the call goes only to that person. If the
sales representative is not available, the call information will be forwarded to the sales
representative.
20. DIRECT-MAIL INQUIRIES
The Manager will refer a direct-mail inquiry to a sales representative. If the inquiry is from the client of
a particular sales representative, it will be given to that sales representative to handle.
21. EMAIL INQUIRIES
Unless the email is directed to a particular sales representative, any emailed inquiries or leads will be
passed on to the Manager.
22. FARM AREA POLICY
STOMP Realty has no protected "farm areas". When an area is "farmed" on an individual basis, calls
go to the sales representative ONLY if the caller has specifically asked for that person.
23. EMAIL COMMUNICATIONS
Sales Representatives must provide their current email address to STOMP Realty and should check
their emails several times daily. All company updates, news, policy changes and general
communications to sales representatives is via email and/or the Company intranet site.
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24. APPLICABLE FEES PAID BY SALESPEOPLE
24.1 monthly, quarterly or yearly fees
All agents pay $100 plus HST per month. The payments are taken out monthly from their accounts
via an EFT or post-dated cheques. The monthly payments are pre-paid and due on the 1st on every
month, if the date lands on a statutory holiday then it will be processed on the following business day.
NOTE: If the salesperson resigns from STOMP under this plan, the monthly fee is non-refundable.
All agents may choose to pay an additional $50 per month for the STOMPshout package, which
includes an agent website managed by STOMP authorized provider.
24.2 resale transaction fee
All agents pay a percentage fee of the commission earned in a resale transaction as stated in their
personal contract.
24.3 teams, groups or partnerships
STOMP Realty provides no special arrangements for teams, groups or partnerships – all agents
within in a team, group or partnership will be subject to the monthly fee charge, and the resale
transaction fee as stated in their personal contract.
24.4 rental transactions
The salesperson pays a percentage fee of the commission earned in a rental transaction as stated in
their personal contract.
24.5 administration fees
Late payment on the fees is $25, if the payment is not received within 3 business days of the due
date. After 7 business days of non-payment, STOMP reserves the right to terminate.
NSF: $35 processing charge for all cheques processed as Not Sufficient Funds.
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24.6 new developments
In a New Development or Condominium transactions Stomp will pay the agent according to the
broker plan established by the builder and deduct the appropriate commission split (with each
installment) as outlined in the agent’s personal contract. If the agent’s agreement with STOMP is
terminated prior to all commissions being received, STOMP will forward the agent’s commission
installment(s) as outlined in agreement.
24.7 deferment of fees
Under no circumstances will monthly be deferred.
24.8 personal transactions
All personal transactions by STOMP salespersons are exempt from the transaction fee, but subject to
a $500 plus HST service charge, with exception to the agent’s first time property when no fee will be
charged.
25. MLS FEES, TREB, OREA, CREA, RECO, INSURANCE FEES AND DUES
Fees and dues are the responsibility of the Agent and must be paid promptly when due.
26. COMMISSION
When acting for the seller, the sales representative is entitled to the their commission as stated in
their personal contract. They are not permitted to advertise a discounted cooperating broker
commission rate – commission rate must be at the prevailing market rate (currently 2.5%).
26.1 commission/sale price reduction
Due to increased Revenue Canada focus on potential tax avoidance and mortgage fraud schemes,
the practice of a sales representative, when a party to a sale/purchase agreement (either directly or
indirectly), reducing or waiving commission in exchange for a reduction of the sale/purchase price of
the property will no longer be supported by STOMP Realty, unless the adjustment is negotiated prior
to the firming of the transaction or an amendment has been produced. STOMP will no longer issue
letters approving such practices. If a salesperson, on either side of the transaction, engages in this
practice, the proposed reductions in commission and sales price must be reflected in either the
Agreement of Purchase/Sale or an Amendment.
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26.2 commission payroll
Salesperson’s emailed commission notices are issued every Tuesday and Thursday, with the
exception of holidays. The funds must in the accounting department before12 P.M. on either Tuesday
or Thursday for the salesperson to be paid. If a cheque is received after 12 PM, then the commission
will be paid in the following pay run. All commission payments are processed through Electronic
Funds Transfer (EFT). Should a salesperson request a physical cheque then there is a $25 charge
for each cheque issued. The EFT commissions will arrive in the salesperson’s bank account the
following day with time dependent upon the financial institution processing the transfer. The Company
assumes no responsibility for banking system delays.
26.3 commission advances
Sales representatives may request advance payment on pending firm trades. All advance cheques
are processed exclusively through Agent’s Equity. Sales Representatives are permitted to borrow up
to 80% of their portion of their commission. There is a $25 administration fee to STOMP, and interest
is charged on the advance (interest works out currently to approximately $.70/$1000/day – subject to
changing market conditions). Any sales representative interested in taking a commission advance
should contact Agent’s Equity directly at (416) 483-0483.
26.4 rebate payments to clients
Due to rising concerns related to rebates payments to purchasers after the firming of a transaction,
STOMP Realty will not process rebate payments to clients. Should you wish to make direct payments
to clients you are able to do so. There is no tax advantage to the salesperson for the company to
make such payments, as the salesperson would still receive a T4A for full amount of the commission.
27. COMPLAINTS WITH OTHER BROKERAGES
In the case of a dispute with a non-STOMP sales representative or commission payment from
another brokerage, first attempt to resolve the matter directly, but should still be reported by email to
the Manager. Should this fail, contact your Branch Manager who will help guide you through either
addressing the complaint in writing to the Professional Standards Committee at the Toronto Real
Estate Board or by pursuing collection of commission through our recommended litigation lawyer at
your expense. If requested Stomp will arrange for an in-house lawyer to meet with you, prepare a
demand letter, Statement of Claim for Small Claims Court.
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28. RECO VIOLATIONS
Any potential issues regarding a possible RECO violation or claim must be immediately reported to
the Branch Manager and Head Office immediately and any subsequent legal costs for services
rendered with regards to the specific matter are the sole responsibility of the individual respondent.
29 DEAL PROCESSING:
29.1 new deals
Upon any successful sale of a transaction (whether firm or conditional), “BUYING OR SELLING
CHECKLIST SHEET” should be completed and emailed to deals@stomprealty.com or faxed to head
office at 416-366-4656.
Each new deal must have the following attached in order to be processed:
 A “DEAL SUMMARY / TRADE RECORD SHEET” - filled in completely and signed
 A legible copy of the Agreement of Purchase and Sale, Waiver, Amendments, etc.
 A copy of the Confirmation of Representation
 A copy of the Working with Realtor acknowledgement form
 A copy of the SPIS for the property (if applicable)
 A copy of the Buyer Representation Agreement (if applicable)
 The deposit cheque (if applicable) or receipt of deposit
 Individual Identification Information
 Record Receipt of Funds Record
 Schedule B form (if applicable)
Payment of commission will be withheld until all required documentation has been received.
29.2 deposit cheques
All deposits shall be in the form of currently dated, negotiable cheques or bank drafts – cash will not
be accepted. Under no circumstances will the firm accept a post-dated cheque as a deposit.
By law, all deposit cheques are to be deposited within five (5) days of acceptance of an Agreement of
Purchase and Sale. Where possible, deposits should be in the form of a certified cheque or bank
draft.
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Should a Buyer request interest on their deposit, an interest bearing account clause must be placed
in the original Agreement and a Social Insurance Number must accompany the deposit cheque. No
deposit will be placed into an interest-bearing account without the submission of a SIN. Deposit
cheques must be delivered to the nearest STOMP branch for deposit.
The deposit with an offer from a buyer must be exactly as spelled out in the offer – no exceptions.
The deposit cheque should be made payable to the Listing Brokerage and given to the sales
representative, who will issue a receipt to the co-operating brokerage.
29.3 balance of the commission cheques
As the selling brokerage, the purchaser’s solicitor is required to deliver the balance of commission
cheque to our office within 10 days of a closing.
As the buying brokerage, payment is received from the Selling brokerage and not the purchaser’s
solicitor. In this case, it may take up to two weeks to receive a balance of commission cheque. The
office will call on any overdue balance of commission payments, however, ultimately it is the sales
representative's responsibility to follow-up and collect any overdue accounts.
29.4 return of deposit
On a failed Agreement of Purchase and Sale, the deposit will be returned only in accordance with the
terms of the trust. Therefore, STOMP Realty will only disburse the deposit in two circumstances:
 In accordance with a Mutual Release being signed by all parties to the Agreement, including
Buyer, Seller and both Brokerages involved in the transaction, specifically naming the payee.
 Upon receipt of a direction from the Court.
When a signed Mutual Release is received in the administration office, a copy will be forwarded to the
appropriate solicitor for processing, and the deal will be reported as "Deal Fell Through" on the MLS
System. Please note that if the original deposit cheque was not certified when placed in our trust
account, we WILL NOT release the deposit back to the Buyer until 10 FULL BANKING DAYS have
passed, in order to ensure that the cheque has cleared our account. The only exception to this rule
will be if the Buyer provides a letter from the bank manager verifying that the funds have cleared their
account. Deposits will be released to the person(s) who issued the original cheque, unless otherwise
stated on the release.
29.5 offers in writing
Under no circumstances shall a fully executed original Agreement be presented hand written.
Changes to original document may be made by hand and initialed by all parties. Handwriting may
cause interpretation of intent issues and misunderstanding through lack of clarity at time of signing.
Most currently available version of all documentation must be used.
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29.6 deal files
The content of each and every deal file is the sole property of the company, and absolutely no portion
of any file is to be removed from the office without the specific permission of Management.
29.7 accounting or commission procedure questions or concerns
Any questions or concerns regarding your commission account, cheques, trade record sheets, or any
deal processing issues should be directed to head office.
30. LISTING PROCEDURES
30.1 the prelisting preparation
When preparing a listing presentation the agent should obtain the following:
 Approximate age of the property
 Price the owner paid and when they purchased
 Legal description
 Facts on any previous attempts to sell
 Comparable sales and listings
 Marketing plan
Sales Representatives should always ask the owner's reason for selling. They may be desirous of
making a profit; be leaving the city; be in difficult financial circumstances; etc. Such information
sometimes makes valuable sales talk that is very helpful in convincing prospects. It also gives the
sales representative a definite idea as to the urgency of the proposition and the firmness of the price.
Verify if spousal consent is required.
This information must remain private and confidential.
30.2 FINTRAC
As a real estate sales representative, you must keep a client information record for every purchase or
sale of real estate. The client information record sets out the client's name and address, and the
nature of the client's principal business or occupation. If the client is an individual, the client
information record also has to include the individual's date of birth. If there is more than one individual
purchasing or selling, you have to keep a client information record about each individual on a
separate Individual Identification Information Record form.
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30.3 mortgage arrangements
Sales representatives should always inquire whether sellers carry first or second mortgages on the
property. Where there is an existing mortgage, one should ask the client to verify the deals, and then
follow up - as sellers often forget pertinent details. Be sure to establish that the mortgage can be
assumed and determine the cost of the discharge.
30.4 establishing a list price
A sales representative should always list at a saleable price. A poor listing is a liability, while a
saleable listing is an asset. Sales representatives should think very carefully before taking a listing at
too high a price unless the seller has a compelling reason for selling, in which case the sellers may be
induced to bring the price into line after a reasonable time of conscientious servicing.
30.5 time limitations
Sales representatives should always ask for a listing for a minimum of 60 days on residential
properties. When listing lots or commercial properties, all listings should be taken for a longer period
of time. If a listing is for a period of more than 6 months, the Seller must initial the term.
30.6 viewing
To provide the best service possible and to our interests, the viewing of the property by the listing
salesperson is a must.
30.7 servicing listings
A listing sales representative is required to make regular written reports to the seller, at the very least
on a weekly basis. This regular contact with the property owner will assist in the marketing of the
property, encourage the possibility of a price reduction and will increase the possibilities of obtaining
an extension of the listing term. The listing sales representative should request an extension during
the week prior to expiry.
30.8 expired listings
The listing sales representative must ensure all listing extensions are entered into the computer
BEFORE their expiry date. The "Amendment to Listing" form must be properly completed and signed
by the Seller(s). A Land Registry search should be done prior to listing to confirm current ownership.
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30.9 listing withdrawals or listing cancellations
Listings can only be withdrawn from the MLS System with the signature of the Manager/Broker.
If an occasion arises whereby a client wishes to terminate a listing due to a legitimate complaint with
the Listing Sales representative, then Management will listen to both parties and make a decision
after reviewing all the facts. At all times Management reserves their right to cancel a listing if its
retention would be detrimental to the company.
31. EXCLUSIVE LISTING AND COOPERATION WITH OTHER BROKERAGES
It is a general rule that STOMP Realty will cooperate on all exclusive listings with other Realty
companies, unless the Seller specifically requests that we do not cooperate. The commission payable
to other brokerages is 50% of the total commission collected. Sales Representatives at STOMP
Realty are afforded the luxury of setting their own commission rates, particularly for listing portion of
commission. It is highly recommended that the selling portion of any listing not be below current
comparable rates in local market.
32. SIGN POLICY
Persons placing signs on properties must, upon completion of the sale of the property or expiry of the
listing, pick up the signs and standards. Signs must be placed on private property, not municipal
property or boulevards. A "Sold" marker must be put on a property that has been sold firm
immediately, and the sales representative closing the deal is responsible to see that one is placed. All
signs must be removed from the property at the expiry of the listing or, in the case of a sale 3 weeks
after the deal has firmed or prior to closing, whichever date comes first.
Since our signs represent our office, they must be inspected regularly and kept clean and upright.
Signs can be ordered through the sign provider at the appropriate expense to the sales
representative. It is the sales representative's responsibility to have signs placed on their own listings.
All signage and sign placement must conform to current regulatory industry standards and municipal
codes and bylaws for the applicable jurisdiction.
The office does not store signs.
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33. KEYS AND LOCK BOXES
It is important to maintain an accurate control of keys entrusted to your care. As most seller's grant
permission for the use of lock boxes, it is important that they understand the risks involved, which
should be reviewed at the time of the taking the listing.
Lock box codes should be changed on a regular basis to ensure security.
A lock box code must NEVER be given to any salesperson calling in over the phone. Lock box codes
will be communicated through the showing salesperson's office only.
34. MULTIPLE LISTING SYSTEM
Each sales representative must be conversant with the rules and regulations covering Multiple
Listings system.
There is a penalty for not reporting to the board the taking, selling, or termination of a MLS.
35. OFFICE PROCEDURE WHEN SUBMITTING A NEW LISTING
Once cleared, listings are to be broker loaded by sales representatives, then sent to office for
processing. A “LISTING CHECKLIST or LEASING CHECKLIST” and a “NEW LISTING SHOWING
INSTRUCTIONS INFO SHEET” must be submitted with the relevant forms immediately following the
loading of the listing. New agents or agents needing assistance are to contact their manager.
There are to be no private listings or information pertaining thereto withheld by any sales
representatives.
The sales representative is obligated to service the listing by keeping the information current, and
being in constant contact with the property owner in an effort to effect maximum service.
The office requires a FULL AND COMPLETE FILE on every listing within the office. Any changes
made to the listing must be accompanied by the necessary paperwork for the office file. As with the
deal files, every sales representative should keep his/her own copy of all related paperwork.
All office copies of the listing file are the property of STOMP Realty and must not be removed from
the office.
When handing in a new listing in person, the office staff will process your listing in priority during
business hours only. “Last minute” paper work will be processed next business day.
All assignment listings or exclusive listing information is to be given to head office. Head office will
then report to the calling service in the event that there is a sign/ad call.
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35.1 agent’s broker loaded listings
Once cleared by management, individual agents will been given the ability to broker loading and
maintaining their own personal listings. This clearance will be issue upon completing an in-house
training session and probation period, or through “experience” credit.
However, it is mandatory that all salespeople must provide all mandatory paperwork to the
administrative staff immediately after loading their listings, as well as a copy of the MLS printout
showing the MLS number. Any price changes, extensions, etc. to a listing must be accompanied by
the appropriate paperwork and sent to the admin staff immediately in order to keep the system
records accurate and the listing files complete as per RECO regulations.
35.2 listing extensions and price changes
When extending the term or changing the price of a listing, an Amendment to the Listing Agreement
form must be filled out and signed by the Seller. An extension must be processed prior to the
recorded expiry date. After this date, the listing must be processed as a new listing. Copies of any
Amendment to the Listing Agreements must be submitted to the admin staff.
35.3 sold and conditional sale listings
When a property is sold firm, the listing file is withdrawn and is combined with the sold file, into which
are placed all the papers in connection with the sale.
The sale or conditional sale must be reported to the Real Estate Board and STOMP. A “BUYING OR
SELLING CHECKLIST” and a “DEAL SUMMARY / TRADE RECORD SHEET” must be completed
and submitted within 24 hours of an executed and acknowledge deal.
When the deal has closed, this folder is placed among the completed files for permanent reference.
During the time that the sale is pending, the file is kept in the administration office.
35.4 listings with photos, virtual tours, schedules and property information
Property photos, virtual tours, schedules and other property information for new listings must conform
to must conform to current regulatory industry standards. They should be sent in at the time of
processing a new listing, and can be directly uploaded when submitting the listing to the real estate
board.
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35.5 advertising policy
In preparing ad copy, sales representatives shall be permitted certain latitude on individualizing ads,
but the Management reserves the right to amend or change any ad that it feels does not conform to
the style ordinarily preferred by them.
Ads are not to be run on open listings and at no time is commission advertising permitted.
All personal advertising and listing advertising must conform to current regulatory industry standards.
35.6 open listings
Open listings are not acceptable. However, if a salesperson knows of a property that another
salesperson may have a buyer for, he/she must get at least a 24-hour exclusive listing, or a written
agreement to pay commission to cover that showing in order for the Listing Salesperson to get any
commission
36. PRESENTING OFFERS
Offers must be signed to be a valid and legal. If an Offer has been prepared but not signed, it is not
an Offer.
When an Offer is signed, the sales representative shall immediately contact the listing sales
representative to arrange the earliest convenient time to present the Offer. In the event that the
selling brokerage is unable to contact the listing brokerage, or his authorized representative within a
reasonable period of time, he may inform the seller of the existence of the signed Offer. This step
should only be used as a last resort, for instance, if the irrevocable on the offer is going to expire. If at
all possible, discuss the circumstances with your broker of record before taking the step of contacting
another brokerage's seller directly.
All sales representatives bringing Offers on the property must be informed of the existence of other
Offers, whether it is the listing sales representative that has the Offer or another sales representative.
Sales representatives must not discuss each other's Offer, but simply agree to present them
consecutively as registered. In the event one sales representative has a signed Offer and has an
appointment to present it and then finds out that a second Offer is being prepared, the STOMP Realty
sales person shall inform the seller that they have heard that such a second offer is being prepared,
however, it is not signed, and at times buyers have changed their minds. Explain the seller's options
to them based on the irrevocable time and let the seller decide what they will do. DO NOT PUSH. If
the second Offer is not imminent, they can always work with the first offer and then LOOK at the
second offer conditional on the first offer not being completed. (Refer to your local Real Estate Board
MLS Rules & Regulations Section pertaining to Submission of Offers). At NO TIME do you tell the
seller that you have an Offer UNLESS you have a SIGNED Offer. If any doubt or conflict of interest by
any salesperson arises - inform the Manager immediately.
20
36.1 offers from other firms
Sales representatives should provide to sales representatives of other firms all reasonable assistance
in getting Offers presented. Offers from other firms on our listings must go through the listing sales
representative.
36.2 offers on other firm’s listings
Sales representatives must never present an Offer to the owner of another firm's listing without
written permission from the listing agent. Such offers must be channeled through the Manager of the
listing sales representative’s Brokerage. Should the offer be accepted, a copy of the accepted offer
and a receipt from the listing brokerage for the deposit must be obtained for our records - along with a
photocopy of the cheque.
37. MULTIPLE OFFERS
Multiple offer situations are typically highly charged and highly scrutinized by all involved. They
maybe a seller's best friend, they can be very painful to the would-be buyers and for sales
representatives who fall to follow proper procedures. As long as all parties are operating on an equal
playing field throughout the offer process, nobody will have any valid grounds for a complaint. The
whole issue of disclosure and representation further complicates multiple offer situations. It is critical
that you tailor your approach to fit the representation relationships you have established with the
participants.
37.1 multiple offers and the seller
The seller must be made aware of all their options, which include:
 Accept one and reject the others. The benefit is that the seller has sold the property; the cost is
the lost opportunity to try for a better deal. Sign one back and reject the others. The benefit is
that the seller may negotiate a better result with the buyer receiving the sign-back; the cost is
the lost opportunity to get better offers from the other buyers.
 Reject all offers, sending them back to the buyers for improvement. The benefit is keeping all
buyers in play; the cost or risk is that all buyers may not return, or that the buyer who made the
best initial offer may not return.
 Sign one back and hold onto the other offers pending a response from the buyer getting a
sign-back, the benefit is keeping all buyers in play; the risk is that the buyer receiving the sign-
back won't respond and the other buyers will simply let their offers die.
 Hold on to one or more of the offers while sending the other offer(s) back to the buyers for
improvement. The benefit is keeping the most appealing offer in your hands; the risk is losing
the other buyers and not being able to reach a firm agreement with the buyer whose offer you
held onto.
21
Point out to your seller that in multiple offer situations, it is the industry rule to keep details of each
bidder's offer a secret from the other bidders. In fact, your seller can instruct you that they want the
essential terms of each offer revealed to the other bidders. While you are required to abide by your
client's lawful instructions, it may be wise to discourage your seller from establishing the "ground
rules". Because it isn't common practice, and because it would have to be disclosed to the
cooperating salesperson and their buyers, it may cause one or more of the bidders to withdraw from
the process. If your seller still wishes to set the ground rules, get it in writing.
By providing your seller with this information, you enable them to make an informed decision from all
available choices in a multiple offer situation.
37.2 multiple offers and the buyer
In a "seller's market", this is a common occurrence. Point out to your buyer the possible choices
(noted above) that a seller can make when presented with two or more offers.
Your buyers may simply decide that they will not enter a multiple offer process. Understandable, but
you may want to indicate to such buyers that, in a hot market, they may find that every good property
is attracting more than one offer and it maybe in their best interests not to rule out homes that attract
more than one offer. Discuss with the buyer their options when participating in a multiple offer
situation:
 Seller accepts your offer, then signs back your offer
 accept the sign-back, ensuring that you have bought the property, but losing the
opportunity to negotiate a better deal
 sign back the Seller's sign-back, keeping open the possibility of negotiating better terms,
but runs the risk of re-opening the table for other buyers.
 withdraw from the bidding avoiding a bidding war, but losing the opportunity to buy the
property on acceptable terms.
Advise your buyer that if they are likely to become involved in a multiple offer situation, they should be
readily available on offer-presentation day to respond quickly in the event that the seller signs their
offer back or sends all offers back for improvement.
When buyers know they are entering a multiple offer situation, you could recommend the buyer get
pre-approved from a financial institution (remember pre-approval is not the same as a mortgage
commitment) and a professional inspection report prior to the presentation of their offer.
Warn your buyers that the standard practice in multiple offer situations is for the listing brokerage find
the sellers to conduct a "blind" bidding process; your buyer will never know what the other offers
were. If your buyer is successful, he/she will never know how much more he/she offered than the next
best offer.
22
37.3 conducting multiple offer presentations
It is the obligation of the listing brokerage, through its sales representative, to ensure that the
presentation process is fair to all parties. By following a few simple procedures, the duty of fairness
can be met, while ensuring that the seller's interests are fully protected.
 Inform salespeople who have registered offers immediately upon receiving word that another
offer has been registered. Salespeople and buyers with offers on your listing have a right to
know how many competitors they have for the property. If necessary, seek your seller's
instruction to delay offer presentations if a salesperson calls to indicate that they are in the
process of preparing an offer but won't have it ready for the scheduled presentation time. It is
in your seller's best interests, to provide sufficient time to all interested parties to get to the
table with their offers.
 At the offer presentation, it is considered proper etiquette to present the offers in order of their
registration if possible. Make sure that the salespeople waiting to present their offers are
situated far enough away from the room in which the presentations are being made to ensure
that they will not be able to overhear the conversation.
 Once all the offers are presented and your seller has decided on a response, inform each of
the salespeople with competing offers of your seller's decision.
 If you or another salesperson with your firm has one or more of the competing offers, make
sure that salespeople from other firms are aware of that fact.
 If your seller chooses to sign back one of the offers, and the buyer who receives the sign-back
comes back with a sign-back of their own, the seller has the opportunity to reopen the bidding
to other parties. Point this out to your seller if the situation arises, and get your seller's
instructions. They can choose to proceed with negotiations with the buyer in sign-back, or they
can invite other bidders back to the table. If the Seller chooses to sign back or accept a second
offer conditional upon their first sign-back not being accepted, make sure that you insert the
proper condition in the second offer. Your seller does not want to be in the position of having
sold the property twice!
 Commission reductions can be offered when dealing with a multiple offer situation as long as
the amount of the reduction is disclosed to all other salespeople.
37.4 dual representation and multiple offers
It is possible that you or another salesperson in your firm will be working with a buyer who is
interested in competing with other bidders for a property listed with our firm. This is of course Dual
Representation. Before you proceed, you must do the following:
 Explain the limitations of dual representation to both the seller and buyer and get their
informed consent to your acting as a dual salesperson. Without the consent of both, you
cannot proceed.
 Remember, the brokerage enters into the contract with the client, not with the individual
salesperson. The same rules apply whether you personally bring both clients to your firm or
you and another salesperson with your firm bringing them in separately.
 You must advise the salespeople with competing offers that you (or another salesperson in
your company) have an offer from a buyer.
 You must advise your buyer and your seller that your buyer will not get special treatment in the
negotiating process, because you have a duty to ensure that there is a level playing field for all
participants.
 A registrant shall not represent more than one client in respect of the same trade in real estate
unless all of the clients represented by the registrant in respect of that trade consent in writing.
23
38. RECOMMENDING SOLICITORS
It is not a good or ethical practice to direct customers to a certain solicitor. The solicitor who has
previously acted for the customer in question will quite certainly not appreciate our interference in
causing his client to change solicitors. If the customer asks for your advice, however, or has had no
previous dealings with any lawyer, it is permissible to suggest some names. The firm, however,
strongly advises that at least three names be given. Sales representatives are also advised to avoid
quoting solicitors' fees to their customers, as these vary considerably.
39. RECOMMENDING SERVICE PROVIDERS
If your client asks you to refer a service provider for home inspections, financing, contracting,
cleaning, etc., the firm strongly advises that at least three names be given. Sales representatives are
also advised to avoid quoting to their customers, as these vary considerably.
40. DISPOSITION OF ACCEPTED OFFERS
The Real Estate and Business Broker's Act requires that a signed copy of the accepted offer be
delivered forthwith to each party who has signed the contract. Our office must have an original copy
of any signed offer for our office files.
41. COMMISSION ISSUES
You cannot ask for more commission than is offered by the listing brokerage by way of the
Confirmation of Co-Operation and Representation form.
You cannot negotiate commission during the presentation of a competing offer, or can it be part of the
Agreement of Purchase and Sale.
You cannot involve the seller or buyer in any commission negotiations between the listing and selling
representatives.
You can only negotiate increased commission between the listing sales representative and selling
representative, however this must be done prior to obtaining an offer.
24
42. PERSONAL CLIENT INFORMATION
42.1 collection, use and distribution
 Only the information necessary to facilitate the real estate transaction or otherwise provide
professional and competent service to clients and customers will be collected.
 No personal information shall be collected from an individual without first obtaining the consent
of the individual to the collection, use and dissemination of that Information.
 Express consent (whether oral or written) must always be obtained except in the following
situation:
 Consent may be implied where the information is not sensitive and where it can be
reasonably assumed that the individual would expect the information to be disclosed in
this fashion.
 Once information is collected, it will be used and disclosed only for the purposes
approved by the individual.
 All representation agreements must include the approved privacy clauses.
42.1 disclosure for a new purpose
 Anyone using personal information for some new purpose that extends beyond the consent
already provided must obtain the express consent of the person for that use.
 Requests for information from law enforcement officials, lawyers, private investigators, or other
salespersons or subpoenas for documents issued by the court must be referred to the privacy
officer/office manager or brokerage/salesperson as appropriate.
Information must be protected in a manner commensurate with its sensitivity, value and criticality.
This policy applies regardless of the media on which information is stored, the location where the
information stored, the systems used to process the information, or the processes by which
information is handled.
42.3 compliance
Any complaints from an individual concerning the collection, use or disclosure of their personal
information or concerning the individual's ability to access their personal information must be referred
to the privacy compliance officer, who will attempt to resolve the complaint to the individual's
satisfaction.
In the event the complaint cannot be resolved internally to the individual's satisfaction, he or she will
be advised of where to direct the complaint.
25
43. BUYING FOR YOUR OWN ACCOUNT
This firm does not encourage its sales representatives to become involved in the business of buying
and selling real estate for their own account. Our primary function is to serve both buyers and sellers
by bringing them together. Recognizing, however, that in certain circumstances it can perform a
valuable service or the seller of a property, the firm does not prohibit purchases by its sales staff.
However, all such purchases when not in “arms length” must be discussed with Management, and no
property listed with this firm may be purchased without the express consent of Management and
proper disclosure.
43.1 obligations under the real estate and business broker’s act (REBBA)
“Unless the registrant first delivers to all other parties to the agreement a written statement that he,
she or it is a brokerage, broker or salesperson, as the case may be, and the other parties have
acknowledged receipt of the statement in writing, no registrant shall, either directly or indirectly,
(a) Purchase, lease, exchange or otherwise acquire for himself, herself, or itself, any interest in real
estate or make an offer to do so; or
(b) Divest himself, herself, or itself of any interest in real estate, or make an offer to do so." (Section
32 of the Rea! Estate and Business Broker's Act, 2002)
Where real estate transactions in which a brokerage or salesperson is required to give a statement, is
listed with the brokerage or, in the case of a salesperson, is listed with the brokerage by whom the
salesperson, is employed, appointed or authorized to trade In real estate, the statement shall include:
a) Full disclosure of all facts within his special knowledge that affect or will affect the re- sale value of
the real estate, and
b) The particulars of any negotiation or agreement by or on behalf of the brokerage or salesperson for
the sale, exchange, lease or other disposition of any interest in the real estate to any other person.”
44. HARASSMENT POLICY
44.1 purpose
The Company is committed to providing its employees and Independent Contractors with a safe work
environment, which at all times is supportive of the dignity and self-esteem of the individual and which
is free of harassment of any kind. Achieving this environment depends on mutual respect, co-
operation and understanding between people. Attitudes and behaviors that undermine this are
detrimental to all and will not be tolerated. This policy applies to all employees of the Company. This
policy also applies to any independent contractor, sales representative, agent or employee of same,
who is granted access to the workplace.
26
44.2 definitions
Sexual Harassment
 The Canadian Occupational Health and Safety Act defines "sexual harassment" as: any
conduct, gesture or contact of a sexual nature that is likely to cause offence or
humiliation to any employee; or, that might, on reasonable grounds, be perceived by
that employee as placing a condition of a sexual nature on employment or on any
opportunity for training or promotion"
General Harassment
 General Harassment is unwelcome behavior (Including comments or actions) which is
perceived by the receiver as being hostile, obnoxious, or intimidating. It Is targeted at a
person or group of people because of a personal dislike or personality conflict, and not
solely because of race, religion, colour, sexual orientation, or any other of the prohibited
grounds.
Workplace
 "Workplace" is defined broadly and includes, but is not limited to, the actual work site
(the office), outside the office, at office-related social functions, in the course of work
assignments outside the office, at work-related conferences or training sessions, during
work-related travel and over the telephone, fax, and internet/intranet.
44.3 examples of harassment
Behavior which can constitute harassment includes, but is not limited to, the following:
 Physical or verbal abuse;
 Inappropriate comments/jokes causing embarrassment;
 Sexually suggestive gestures, remarks and innuendoes;
 Insults, jokes or slurs;
 Leering, staring;
 Inappropriate remarks about a person's physical appearance;
 Comments about an individual's sex life;
 Unwelcome touching or leering;
 Unnecessary physical contact;
 Demands or suggestions for sexual favours;
 Compromising invitations, propositions;
 Reprisal or threats of reprisal to any employee for rejecting any of the above behavior;
 Repeated offensive sexual flirtations, and/or advances, and/or propositions;
 The display of or circulation of any inappropriate written material or pictures.
When asked what constitutes sexual harassment, bad taste or just having fun, the answer is the
severity and frequency of the conduct and the victim's reaction/perception to the actions.
27
44.4 responding to harassment
In many cases harassment ceases as soon as the offender is told that their actions are inappropriate.
If nothing is done, it generally gets worse. If you object to what you think is inappropriate behavior
and feel you can handle this directly, some suggestions are:
 Stay in a calm, firm voice say:
 “Please stop”" or “"Stop immediately”
 “I don't feel this is appropriate or professional behavior"
 "I don't appreciate hearing your comments and remarks"
 "I find the material that you have displayed offensive"
44.5 recourse
If any person feels that he or she is experiencing behavior, which is inappropriate, they are
encouraged to advise a Manager immediately. Any such concerns will be given top priority and
handled with confidentiality and discretion.
Management will speak with the individual making the complaint and with the other parties involved.
All formal complaints will be dealt with in strict confidence, subject to the Company's obligation to
conduct thorough investigation.
Employees and Independent Contractors may be assured that these sensitive matters will be handled
in a timely and effective manner.
44.6 responsibility
It is the responsibility of each person to ensure that these prohibited activities do not occur.
Workplace Harassment is unpleasant and intimidating. It is essential that all employees take the
necessary steps to stop harassment. Anyone who witness harassment or who becomes aware that
an individual is being harassed has a responsibility to report the incident immediately to his/her
supervisor or manager, without fear of reprisal.
Managers are responsible for providing a harassment-free work environment and, upon becoming
aware that some form of harassment is occurring, for taking prompt, corrective action, even if no
complaint is filed.
The Brokerage reserves the right to terminate any Salesperson upon 24 hours written notice deemed
to have acted in an insulting or unprofessional manner with any other STOMP Salesperson or support
staff.
28
54. TERMINATION
All terminations will be in accordance as stipulated in the Independent Contractor Agreement, along
with the following:
 Any salesperson that fails to pay their RECO or Real Estate Board dues will automatically be
terminated until reinstatement,
 Any salesperson that fails to pay their monthly fees to STOMP will be terminated within 5
business days, unless the salesperson has receivables coming into STOMP in the next 30
days. The branch manager reserves the right under certain circumstances to extend the grace
period if receivables are due in 60 days.
IN SUMMARY
Real estate is now recognized as a true profession. At STOMP Realty we endeavor to ensure our
salespeople deliver the best level of service with integrity and trust.

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Stomp Office Manual

  • 2. 2 MISSION STATEMENT Stomp’s mission is to engage, empower and enable through communication, knowledge and trust; we are committed to a relationship model, in which all those involved in the real estate process can flourish. INTRODUCTION This office manual is designed to define and explain the policies, procedures and guidelines adopted by STOMP Realty for the conduct of business by our Sales Representatives and Brokers. This document is to be read in concert with the Sales Representative Independent Contract Agreement. This Manual is electronically posted on the Company’s intranet site and updated periodically. It is the Sales Representative’s responsibility to keep current on changes to this policy, such changes will be communicated by way of email. DEFINITIONS STOMP, and/or STOMP Realty is defined as Stomp Realty Inc., Brokerage; Sales Representative is defined as, or is the same as: IC, Independent contractor, Sales person, Broker and/or Realtor; RECO is defined as Real Estate Council of Ontario; TREB is defined as Toronto Real Estate Board; Call Centre is defined as call centre; Manager is defined as respective Branch Manager.
  • 3. 3 1. CONFIDENTIALITY All company policies, procedures, guidelines, and agreements are confidential and proprietary. 2. MEMBERSHIPS STOMP Realty is a member of the Toronto Real Estate Boards, The Ontario Real Estate Association and the Canadian Real Estate Association. The Company, and all of its employees and licensed independent sales representatives, will abide by a Code of Ethics and Standards set out by those organizations. 3. REAL ESTATE LICENSE It is the responsibility of the sales representative to keep his or her real estate license in good standing and to ensure that all the required credit hours are completed in a timely fashion. Each sales representative will be informed when his or her license renewal has arrived. It is the responsibility of the sales representative to return the completed renewal to RECO with payment, to ensure that they are in good standing. If the Salesperson does not renew on time the Brokerage must follow the applicable guidelines and terminate the salesperson on the renewal date. 4. CORPORATE OFFICE, DEAL CENTRE(S) & ADMINISTRATIVE CONTACT STOMP Corporate Office: 8 King Street East, Suite 800, Toronto, M5C 1B5. T: 416-366-3030 F: 416-366-4656 The corporate office is where our accounting and executive offices are situated. Deal Centre locations/hours: Central Toronto: 51 Wolseley Street, Toronto, Ontario M5T 1A4 Monday to Friday, 9:00 to 17:00, with after hours agent access. Agent work centres. Contact emails: admin@stomprealty.com (all administrative questions and requests) deals@stomprealty.com (deal and paperwork processing) training@stomprealty.com (all training inquiries)
  • 4. 4 5. APPOINTMENT DESK/CALL CENTRE All appointment bookings are handled centrally through our call centre. The appointment desk is open seven (7) days a week, twenty-four (24) hours a day. The following is a list of the services provided by our appointment desk:  Book appointments  Page messages STOMP agents/managers/admin staff  Confirm appointments  Cancel any unconfirmed appointments  Answer general questions and calls from vendors/tenants regarding appointments  Transfer callers to the STOMP offices (if and when required)  Placing outbound calls to vendors/tenants  Placing outbound calls to requesting agents offices with confirmations/non confirmations  Enter showing instructions for STOMP listings  Page STOMP agents with appointments requested on listings without showing instructions The appointment desk cannot be used for non-STOMP business. 6. SHOWING INSTRUCTIONS: A “NEW LISTING SHOWING INSTRUCTIONS” info sheet must be completed in full and sent by email to deals@stomprealty.com or faxed to the head office at 416-645-7046. 7. OFFICE & MANAGER SUPPORT Administrative support will be provided to all salespeople at their designated deal office. All offer generation is handled is specifically by the individual salespeople. Team manager support will be available seven (7) days a week between the hours of 9AM and 9PM through telephone, text and/or email communication, and will include assistance regarding offers, strategies, offer presentations and marketing. Unless given an exemption, all listing entries, offer and/or lease forms, must be reviewed by a Team Manager. All completed transactional paperwork must be submitted to Head Office within one business day. The company offers training at in-office meetings to build rapport and provide relevant information to our sales team.
  • 5. 5 8. SALES MEETINGS & LEARNING SESSIONS Sales meetings and learning sessions will be held regularly and all sales representatives are encouraged to attend these meetings. Should an office meeting have to be cancelled, the sales representatives will be notified by a group email. 9. STOMP INTERNAL COMMUNICATION Email is the primary mode of communication within our organization. STOMP emails will contain pertinent information that you will need to know and it is imperative that you read them. A password protected intranet agent site (to be established shortly), will be used as a communication and information hub. This site will contain office news, policy manuals, forms, artwork & graphics, and forums. STOMP agents may also request to join the STOMP Realtor Chat site, https://www.facebook.com/groups/stomprealty/, a private Facebook group site where members can post comments, questions, etc. If access to Facebook is not possible, STOMP agents can email comments and questions to the page's wall: stomprealty@groups.facebook.com. 10. STOMP SOCIAL MEDIA SITES STOMP uses social media extensively: Youtube: http://www.youtube.com/StompRealtyInc Twitter: https://twitter.com/StompRealtyInc Facebook: https://www.facebook.com/StompRealty Linked-In: http://www.linkedin.com/groups/Stomp-Realty-Inc-Brokerage-5034274/about STOMP offers social media strategic support to agents through training sessions and group strategy meetings specifically focus on promoting and enhancing an online presence. If you don't already have accounts for each of these sites, we encourage you to create one. 11. SALES REPRESENTATIVES' MAIL FOLDER/FILES Every sales representative will be given his/her own personal mail folder. Any, mail, reports, cheques, etc. will be placed here for the sales representatives to pick up regularly. Management reserves the right to remove the contents and courier to Representative at their expense.
  • 6. 6 12. INTERNET ACCESS & POLICY All offices are equipped with internet accessibility, and agents must adhere to the following:  Agents may not participate in unauthorized chat groups or inappropriate Internet news groups, or any "non-business-like" web site.  Agents may not spread or forward chain letters, chain mail, or Spam.  Agents may not download or install any unauthorized applications on STOMP Realty computer systems without permission from management.  Agents may not intentionally damage to or interfere with network resources.  Agents may not defame, and/or communicate discriminatory statements, and/or act in a hateful, harassing, threatening, abusive, racist, sexist, or malicious manner, and/or other antisocial behavior.  Agents may not transmit, download or access any obscene, pornographic or sexually explicit material or participate in any Internet/Intranet forums dealing with the same.  Agents may not use the resource for non-company commercial purposes nor may they transmit any material on behalf of a third party without prior management authorization.  Agents may not copy or transmit copyrighted material in violation of copyright laws.  Agents may not knowingly propagate disabling devices, nor may they commit for service that requires subsequent payment, unless authorized. 13. EMAIL AND CELL PHONE EXPENSES Sales Representatives and Brokers are solely responsible for their monthly communication and cell phone fees. If a problem with your system arises (including any billing problems) it is the sales representative's responsibility to contact their service provider directly to correct the problem. A STOMP email account can be provided to an agents upon request at no cost. Such requests should be directed to admin@stomprealty.com. 14. PERSONNEL RECORDS Government regulations dictate that the STOMP must keep an up to date personnel file on each salaried and commissioned individual working for the company. Therefore, please ensure that any changes in your home address and/or contact information be reported to the head office. Changes of address and name changes must also be reported to RECO and the agent’s relevant Real Estate Board in a timely manner.
  • 7. 7 15. BUSINESS CARDS, SIGNS & MARKETING New STOMP agents will be provided with 250 business cards at no cost. All business card and sign design must be approved by management prior to printing and paid for by Sales Representatives. Relevant information pertaining to branding, logo usage and preferred printing providers is available on the STOMP office site. STOMP encourages personal branding, however all personal brands/logos must conform to all proper rules and regulations of advertising as outlined by RECO. The STOMP logo must be included in all forms of advertising and is not to be altered in any fashion, such as colour, font, etc.. All STOMP agents will have full access to the IMPREV VIRTUAL MARKETING SYSTEM at no cost. Each agent will be able to create STOMP branded marketing material including: brochures, business cards, automated newsletter campaigns, slideshow tours, Craigslist ads, virtual tours and videos etc. 16. VACATION COVERAGE As per RECO, a Salesperson that is away or unavailable for an extended period of time must ensure that they organize appropriate coverage and notify the appointment desk and management. Should the salesperson fail to provide coverage, the manager reserves the right to choose another Salesperson to handle any business and will unilaterally decide the referral fee payable to the substitute salesperson. 17. REFERRALS Every effort will be made to match the client's needs to the right sales representative. As referrals are received at the office, they will go the Manager and he/she shall distribute the referrals based on the best salesperson-client fit and “fairness” of distribution. 18. COMMERCIAL/INDUSTRIAL PROPERTIES Salesperson should not participate in deals involving commercial or industrial properties unless previously approved by their branch manager. Such approval will only be given once the salesperson satisfies the manager that they have the required commercial/industrial expertise and/or are partnered with an agent that does have that expertise.
  • 8. 8 19. ENQUIRIES - TELEPHONE OR EMAIL PROSPECTS The office and call centre staff will follow this procedure when handling prospect calls:  Ad calls go to the salesperson advertising the property only; sign calls go to the listing salesperson only.  Calls from other sales representatives are given to the Listing Sales Representative first; if they are not available, the call will be given to the representative covering absence; failing that, the call will be given to the Manager.  Callers wanting to list calls will be asked whether they have a particular sales representative in mind. If not, the call goes to the Manager on duty.  Callers wanting to buy (other than sign or ad calls) will be asked whether they have a particular sales representative in mind. If not, the call goes to the Manager on duty.  When a caller requests a specific sales representative, the call goes only to that person. If the sales representative is not available, the call information will be forwarded to the sales representative. 20. DIRECT-MAIL INQUIRIES The Manager will refer a direct-mail inquiry to a sales representative. If the inquiry is from the client of a particular sales representative, it will be given to that sales representative to handle. 21. EMAIL INQUIRIES Unless the email is directed to a particular sales representative, any emailed inquiries or leads will be passed on to the Manager. 22. FARM AREA POLICY STOMP Realty has no protected "farm areas". When an area is "farmed" on an individual basis, calls go to the sales representative ONLY if the caller has specifically asked for that person. 23. EMAIL COMMUNICATIONS Sales Representatives must provide their current email address to STOMP Realty and should check their emails several times daily. All company updates, news, policy changes and general communications to sales representatives is via email and/or the Company intranet site.
  • 9. 9 24. APPLICABLE FEES PAID BY SALESPEOPLE 24.1 monthly, quarterly or yearly fees All agents pay $100 plus HST per month. The payments are taken out monthly from their accounts via an EFT or post-dated cheques. The monthly payments are pre-paid and due on the 1st on every month, if the date lands on a statutory holiday then it will be processed on the following business day. NOTE: If the salesperson resigns from STOMP under this plan, the monthly fee is non-refundable. All agents may choose to pay an additional $50 per month for the STOMPshout package, which includes an agent website managed by STOMP authorized provider. 24.2 resale transaction fee All agents pay a percentage fee of the commission earned in a resale transaction as stated in their personal contract. 24.3 teams, groups or partnerships STOMP Realty provides no special arrangements for teams, groups or partnerships – all agents within in a team, group or partnership will be subject to the monthly fee charge, and the resale transaction fee as stated in their personal contract. 24.4 rental transactions The salesperson pays a percentage fee of the commission earned in a rental transaction as stated in their personal contract. 24.5 administration fees Late payment on the fees is $25, if the payment is not received within 3 business days of the due date. After 7 business days of non-payment, STOMP reserves the right to terminate. NSF: $35 processing charge for all cheques processed as Not Sufficient Funds.
  • 10. 10 24.6 new developments In a New Development or Condominium transactions Stomp will pay the agent according to the broker plan established by the builder and deduct the appropriate commission split (with each installment) as outlined in the agent’s personal contract. If the agent’s agreement with STOMP is terminated prior to all commissions being received, STOMP will forward the agent’s commission installment(s) as outlined in agreement. 24.7 deferment of fees Under no circumstances will monthly be deferred. 24.8 personal transactions All personal transactions by STOMP salespersons are exempt from the transaction fee, but subject to a $500 plus HST service charge, with exception to the agent’s first time property when no fee will be charged. 25. MLS FEES, TREB, OREA, CREA, RECO, INSURANCE FEES AND DUES Fees and dues are the responsibility of the Agent and must be paid promptly when due. 26. COMMISSION When acting for the seller, the sales representative is entitled to the their commission as stated in their personal contract. They are not permitted to advertise a discounted cooperating broker commission rate – commission rate must be at the prevailing market rate (currently 2.5%). 26.1 commission/sale price reduction Due to increased Revenue Canada focus on potential tax avoidance and mortgage fraud schemes, the practice of a sales representative, when a party to a sale/purchase agreement (either directly or indirectly), reducing or waiving commission in exchange for a reduction of the sale/purchase price of the property will no longer be supported by STOMP Realty, unless the adjustment is negotiated prior to the firming of the transaction or an amendment has been produced. STOMP will no longer issue letters approving such practices. If a salesperson, on either side of the transaction, engages in this practice, the proposed reductions in commission and sales price must be reflected in either the Agreement of Purchase/Sale or an Amendment.
  • 11. 11 26.2 commission payroll Salesperson’s emailed commission notices are issued every Tuesday and Thursday, with the exception of holidays. The funds must in the accounting department before12 P.M. on either Tuesday or Thursday for the salesperson to be paid. If a cheque is received after 12 PM, then the commission will be paid in the following pay run. All commission payments are processed through Electronic Funds Transfer (EFT). Should a salesperson request a physical cheque then there is a $25 charge for each cheque issued. The EFT commissions will arrive in the salesperson’s bank account the following day with time dependent upon the financial institution processing the transfer. The Company assumes no responsibility for banking system delays. 26.3 commission advances Sales representatives may request advance payment on pending firm trades. All advance cheques are processed exclusively through Agent’s Equity. Sales Representatives are permitted to borrow up to 80% of their portion of their commission. There is a $25 administration fee to STOMP, and interest is charged on the advance (interest works out currently to approximately $.70/$1000/day – subject to changing market conditions). Any sales representative interested in taking a commission advance should contact Agent’s Equity directly at (416) 483-0483. 26.4 rebate payments to clients Due to rising concerns related to rebates payments to purchasers after the firming of a transaction, STOMP Realty will not process rebate payments to clients. Should you wish to make direct payments to clients you are able to do so. There is no tax advantage to the salesperson for the company to make such payments, as the salesperson would still receive a T4A for full amount of the commission. 27. COMPLAINTS WITH OTHER BROKERAGES In the case of a dispute with a non-STOMP sales representative or commission payment from another brokerage, first attempt to resolve the matter directly, but should still be reported by email to the Manager. Should this fail, contact your Branch Manager who will help guide you through either addressing the complaint in writing to the Professional Standards Committee at the Toronto Real Estate Board or by pursuing collection of commission through our recommended litigation lawyer at your expense. If requested Stomp will arrange for an in-house lawyer to meet with you, prepare a demand letter, Statement of Claim for Small Claims Court.
  • 12. 12 28. RECO VIOLATIONS Any potential issues regarding a possible RECO violation or claim must be immediately reported to the Branch Manager and Head Office immediately and any subsequent legal costs for services rendered with regards to the specific matter are the sole responsibility of the individual respondent. 29 DEAL PROCESSING: 29.1 new deals Upon any successful sale of a transaction (whether firm or conditional), “BUYING OR SELLING CHECKLIST SHEET” should be completed and emailed to deals@stomprealty.com or faxed to head office at 416-366-4656. Each new deal must have the following attached in order to be processed:  A “DEAL SUMMARY / TRADE RECORD SHEET” - filled in completely and signed  A legible copy of the Agreement of Purchase and Sale, Waiver, Amendments, etc.  A copy of the Confirmation of Representation  A copy of the Working with Realtor acknowledgement form  A copy of the SPIS for the property (if applicable)  A copy of the Buyer Representation Agreement (if applicable)  The deposit cheque (if applicable) or receipt of deposit  Individual Identification Information  Record Receipt of Funds Record  Schedule B form (if applicable) Payment of commission will be withheld until all required documentation has been received. 29.2 deposit cheques All deposits shall be in the form of currently dated, negotiable cheques or bank drafts – cash will not be accepted. Under no circumstances will the firm accept a post-dated cheque as a deposit. By law, all deposit cheques are to be deposited within five (5) days of acceptance of an Agreement of Purchase and Sale. Where possible, deposits should be in the form of a certified cheque or bank draft.
  • 13. 13 Should a Buyer request interest on their deposit, an interest bearing account clause must be placed in the original Agreement and a Social Insurance Number must accompany the deposit cheque. No deposit will be placed into an interest-bearing account without the submission of a SIN. Deposit cheques must be delivered to the nearest STOMP branch for deposit. The deposit with an offer from a buyer must be exactly as spelled out in the offer – no exceptions. The deposit cheque should be made payable to the Listing Brokerage and given to the sales representative, who will issue a receipt to the co-operating brokerage. 29.3 balance of the commission cheques As the selling brokerage, the purchaser’s solicitor is required to deliver the balance of commission cheque to our office within 10 days of a closing. As the buying brokerage, payment is received from the Selling brokerage and not the purchaser’s solicitor. In this case, it may take up to two weeks to receive a balance of commission cheque. The office will call on any overdue balance of commission payments, however, ultimately it is the sales representative's responsibility to follow-up and collect any overdue accounts. 29.4 return of deposit On a failed Agreement of Purchase and Sale, the deposit will be returned only in accordance with the terms of the trust. Therefore, STOMP Realty will only disburse the deposit in two circumstances:  In accordance with a Mutual Release being signed by all parties to the Agreement, including Buyer, Seller and both Brokerages involved in the transaction, specifically naming the payee.  Upon receipt of a direction from the Court. When a signed Mutual Release is received in the administration office, a copy will be forwarded to the appropriate solicitor for processing, and the deal will be reported as "Deal Fell Through" on the MLS System. Please note that if the original deposit cheque was not certified when placed in our trust account, we WILL NOT release the deposit back to the Buyer until 10 FULL BANKING DAYS have passed, in order to ensure that the cheque has cleared our account. The only exception to this rule will be if the Buyer provides a letter from the bank manager verifying that the funds have cleared their account. Deposits will be released to the person(s) who issued the original cheque, unless otherwise stated on the release. 29.5 offers in writing Under no circumstances shall a fully executed original Agreement be presented hand written. Changes to original document may be made by hand and initialed by all parties. Handwriting may cause interpretation of intent issues and misunderstanding through lack of clarity at time of signing. Most currently available version of all documentation must be used.
  • 14. 14 29.6 deal files The content of each and every deal file is the sole property of the company, and absolutely no portion of any file is to be removed from the office without the specific permission of Management. 29.7 accounting or commission procedure questions or concerns Any questions or concerns regarding your commission account, cheques, trade record sheets, or any deal processing issues should be directed to head office. 30. LISTING PROCEDURES 30.1 the prelisting preparation When preparing a listing presentation the agent should obtain the following:  Approximate age of the property  Price the owner paid and when they purchased  Legal description  Facts on any previous attempts to sell  Comparable sales and listings  Marketing plan Sales Representatives should always ask the owner's reason for selling. They may be desirous of making a profit; be leaving the city; be in difficult financial circumstances; etc. Such information sometimes makes valuable sales talk that is very helpful in convincing prospects. It also gives the sales representative a definite idea as to the urgency of the proposition and the firmness of the price. Verify if spousal consent is required. This information must remain private and confidential. 30.2 FINTRAC As a real estate sales representative, you must keep a client information record for every purchase or sale of real estate. The client information record sets out the client's name and address, and the nature of the client's principal business or occupation. If the client is an individual, the client information record also has to include the individual's date of birth. If there is more than one individual purchasing or selling, you have to keep a client information record about each individual on a separate Individual Identification Information Record form.
  • 15. 15 30.3 mortgage arrangements Sales representatives should always inquire whether sellers carry first or second mortgages on the property. Where there is an existing mortgage, one should ask the client to verify the deals, and then follow up - as sellers often forget pertinent details. Be sure to establish that the mortgage can be assumed and determine the cost of the discharge. 30.4 establishing a list price A sales representative should always list at a saleable price. A poor listing is a liability, while a saleable listing is an asset. Sales representatives should think very carefully before taking a listing at too high a price unless the seller has a compelling reason for selling, in which case the sellers may be induced to bring the price into line after a reasonable time of conscientious servicing. 30.5 time limitations Sales representatives should always ask for a listing for a minimum of 60 days on residential properties. When listing lots or commercial properties, all listings should be taken for a longer period of time. If a listing is for a period of more than 6 months, the Seller must initial the term. 30.6 viewing To provide the best service possible and to our interests, the viewing of the property by the listing salesperson is a must. 30.7 servicing listings A listing sales representative is required to make regular written reports to the seller, at the very least on a weekly basis. This regular contact with the property owner will assist in the marketing of the property, encourage the possibility of a price reduction and will increase the possibilities of obtaining an extension of the listing term. The listing sales representative should request an extension during the week prior to expiry. 30.8 expired listings The listing sales representative must ensure all listing extensions are entered into the computer BEFORE their expiry date. The "Amendment to Listing" form must be properly completed and signed by the Seller(s). A Land Registry search should be done prior to listing to confirm current ownership.
  • 16. 16 30.9 listing withdrawals or listing cancellations Listings can only be withdrawn from the MLS System with the signature of the Manager/Broker. If an occasion arises whereby a client wishes to terminate a listing due to a legitimate complaint with the Listing Sales representative, then Management will listen to both parties and make a decision after reviewing all the facts. At all times Management reserves their right to cancel a listing if its retention would be detrimental to the company. 31. EXCLUSIVE LISTING AND COOPERATION WITH OTHER BROKERAGES It is a general rule that STOMP Realty will cooperate on all exclusive listings with other Realty companies, unless the Seller specifically requests that we do not cooperate. The commission payable to other brokerages is 50% of the total commission collected. Sales Representatives at STOMP Realty are afforded the luxury of setting their own commission rates, particularly for listing portion of commission. It is highly recommended that the selling portion of any listing not be below current comparable rates in local market. 32. SIGN POLICY Persons placing signs on properties must, upon completion of the sale of the property or expiry of the listing, pick up the signs and standards. Signs must be placed on private property, not municipal property or boulevards. A "Sold" marker must be put on a property that has been sold firm immediately, and the sales representative closing the deal is responsible to see that one is placed. All signs must be removed from the property at the expiry of the listing or, in the case of a sale 3 weeks after the deal has firmed or prior to closing, whichever date comes first. Since our signs represent our office, they must be inspected regularly and kept clean and upright. Signs can be ordered through the sign provider at the appropriate expense to the sales representative. It is the sales representative's responsibility to have signs placed on their own listings. All signage and sign placement must conform to current regulatory industry standards and municipal codes and bylaws for the applicable jurisdiction. The office does not store signs.
  • 17. 17 33. KEYS AND LOCK BOXES It is important to maintain an accurate control of keys entrusted to your care. As most seller's grant permission for the use of lock boxes, it is important that they understand the risks involved, which should be reviewed at the time of the taking the listing. Lock box codes should be changed on a regular basis to ensure security. A lock box code must NEVER be given to any salesperson calling in over the phone. Lock box codes will be communicated through the showing salesperson's office only. 34. MULTIPLE LISTING SYSTEM Each sales representative must be conversant with the rules and regulations covering Multiple Listings system. There is a penalty for not reporting to the board the taking, selling, or termination of a MLS. 35. OFFICE PROCEDURE WHEN SUBMITTING A NEW LISTING Once cleared, listings are to be broker loaded by sales representatives, then sent to office for processing. A “LISTING CHECKLIST or LEASING CHECKLIST” and a “NEW LISTING SHOWING INSTRUCTIONS INFO SHEET” must be submitted with the relevant forms immediately following the loading of the listing. New agents or agents needing assistance are to contact their manager. There are to be no private listings or information pertaining thereto withheld by any sales representatives. The sales representative is obligated to service the listing by keeping the information current, and being in constant contact with the property owner in an effort to effect maximum service. The office requires a FULL AND COMPLETE FILE on every listing within the office. Any changes made to the listing must be accompanied by the necessary paperwork for the office file. As with the deal files, every sales representative should keep his/her own copy of all related paperwork. All office copies of the listing file are the property of STOMP Realty and must not be removed from the office. When handing in a new listing in person, the office staff will process your listing in priority during business hours only. “Last minute” paper work will be processed next business day. All assignment listings or exclusive listing information is to be given to head office. Head office will then report to the calling service in the event that there is a sign/ad call.
  • 18. 18 35.1 agent’s broker loaded listings Once cleared by management, individual agents will been given the ability to broker loading and maintaining their own personal listings. This clearance will be issue upon completing an in-house training session and probation period, or through “experience” credit. However, it is mandatory that all salespeople must provide all mandatory paperwork to the administrative staff immediately after loading their listings, as well as a copy of the MLS printout showing the MLS number. Any price changes, extensions, etc. to a listing must be accompanied by the appropriate paperwork and sent to the admin staff immediately in order to keep the system records accurate and the listing files complete as per RECO regulations. 35.2 listing extensions and price changes When extending the term or changing the price of a listing, an Amendment to the Listing Agreement form must be filled out and signed by the Seller. An extension must be processed prior to the recorded expiry date. After this date, the listing must be processed as a new listing. Copies of any Amendment to the Listing Agreements must be submitted to the admin staff. 35.3 sold and conditional sale listings When a property is sold firm, the listing file is withdrawn and is combined with the sold file, into which are placed all the papers in connection with the sale. The sale or conditional sale must be reported to the Real Estate Board and STOMP. A “BUYING OR SELLING CHECKLIST” and a “DEAL SUMMARY / TRADE RECORD SHEET” must be completed and submitted within 24 hours of an executed and acknowledge deal. When the deal has closed, this folder is placed among the completed files for permanent reference. During the time that the sale is pending, the file is kept in the administration office. 35.4 listings with photos, virtual tours, schedules and property information Property photos, virtual tours, schedules and other property information for new listings must conform to must conform to current regulatory industry standards. They should be sent in at the time of processing a new listing, and can be directly uploaded when submitting the listing to the real estate board.
  • 19. 19 35.5 advertising policy In preparing ad copy, sales representatives shall be permitted certain latitude on individualizing ads, but the Management reserves the right to amend or change any ad that it feels does not conform to the style ordinarily preferred by them. Ads are not to be run on open listings and at no time is commission advertising permitted. All personal advertising and listing advertising must conform to current regulatory industry standards. 35.6 open listings Open listings are not acceptable. However, if a salesperson knows of a property that another salesperson may have a buyer for, he/she must get at least a 24-hour exclusive listing, or a written agreement to pay commission to cover that showing in order for the Listing Salesperson to get any commission 36. PRESENTING OFFERS Offers must be signed to be a valid and legal. If an Offer has been prepared but not signed, it is not an Offer. When an Offer is signed, the sales representative shall immediately contact the listing sales representative to arrange the earliest convenient time to present the Offer. In the event that the selling brokerage is unable to contact the listing brokerage, or his authorized representative within a reasonable period of time, he may inform the seller of the existence of the signed Offer. This step should only be used as a last resort, for instance, if the irrevocable on the offer is going to expire. If at all possible, discuss the circumstances with your broker of record before taking the step of contacting another brokerage's seller directly. All sales representatives bringing Offers on the property must be informed of the existence of other Offers, whether it is the listing sales representative that has the Offer or another sales representative. Sales representatives must not discuss each other's Offer, but simply agree to present them consecutively as registered. In the event one sales representative has a signed Offer and has an appointment to present it and then finds out that a second Offer is being prepared, the STOMP Realty sales person shall inform the seller that they have heard that such a second offer is being prepared, however, it is not signed, and at times buyers have changed their minds. Explain the seller's options to them based on the irrevocable time and let the seller decide what they will do. DO NOT PUSH. If the second Offer is not imminent, they can always work with the first offer and then LOOK at the second offer conditional on the first offer not being completed. (Refer to your local Real Estate Board MLS Rules & Regulations Section pertaining to Submission of Offers). At NO TIME do you tell the seller that you have an Offer UNLESS you have a SIGNED Offer. If any doubt or conflict of interest by any salesperson arises - inform the Manager immediately.
  • 20. 20 36.1 offers from other firms Sales representatives should provide to sales representatives of other firms all reasonable assistance in getting Offers presented. Offers from other firms on our listings must go through the listing sales representative. 36.2 offers on other firm’s listings Sales representatives must never present an Offer to the owner of another firm's listing without written permission from the listing agent. Such offers must be channeled through the Manager of the listing sales representative’s Brokerage. Should the offer be accepted, a copy of the accepted offer and a receipt from the listing brokerage for the deposit must be obtained for our records - along with a photocopy of the cheque. 37. MULTIPLE OFFERS Multiple offer situations are typically highly charged and highly scrutinized by all involved. They maybe a seller's best friend, they can be very painful to the would-be buyers and for sales representatives who fall to follow proper procedures. As long as all parties are operating on an equal playing field throughout the offer process, nobody will have any valid grounds for a complaint. The whole issue of disclosure and representation further complicates multiple offer situations. It is critical that you tailor your approach to fit the representation relationships you have established with the participants. 37.1 multiple offers and the seller The seller must be made aware of all their options, which include:  Accept one and reject the others. The benefit is that the seller has sold the property; the cost is the lost opportunity to try for a better deal. Sign one back and reject the others. The benefit is that the seller may negotiate a better result with the buyer receiving the sign-back; the cost is the lost opportunity to get better offers from the other buyers.  Reject all offers, sending them back to the buyers for improvement. The benefit is keeping all buyers in play; the cost or risk is that all buyers may not return, or that the buyer who made the best initial offer may not return.  Sign one back and hold onto the other offers pending a response from the buyer getting a sign-back, the benefit is keeping all buyers in play; the risk is that the buyer receiving the sign- back won't respond and the other buyers will simply let their offers die.  Hold on to one or more of the offers while sending the other offer(s) back to the buyers for improvement. The benefit is keeping the most appealing offer in your hands; the risk is losing the other buyers and not being able to reach a firm agreement with the buyer whose offer you held onto.
  • 21. 21 Point out to your seller that in multiple offer situations, it is the industry rule to keep details of each bidder's offer a secret from the other bidders. In fact, your seller can instruct you that they want the essential terms of each offer revealed to the other bidders. While you are required to abide by your client's lawful instructions, it may be wise to discourage your seller from establishing the "ground rules". Because it isn't common practice, and because it would have to be disclosed to the cooperating salesperson and their buyers, it may cause one or more of the bidders to withdraw from the process. If your seller still wishes to set the ground rules, get it in writing. By providing your seller with this information, you enable them to make an informed decision from all available choices in a multiple offer situation. 37.2 multiple offers and the buyer In a "seller's market", this is a common occurrence. Point out to your buyer the possible choices (noted above) that a seller can make when presented with two or more offers. Your buyers may simply decide that they will not enter a multiple offer process. Understandable, but you may want to indicate to such buyers that, in a hot market, they may find that every good property is attracting more than one offer and it maybe in their best interests not to rule out homes that attract more than one offer. Discuss with the buyer their options when participating in a multiple offer situation:  Seller accepts your offer, then signs back your offer  accept the sign-back, ensuring that you have bought the property, but losing the opportunity to negotiate a better deal  sign back the Seller's sign-back, keeping open the possibility of negotiating better terms, but runs the risk of re-opening the table for other buyers.  withdraw from the bidding avoiding a bidding war, but losing the opportunity to buy the property on acceptable terms. Advise your buyer that if they are likely to become involved in a multiple offer situation, they should be readily available on offer-presentation day to respond quickly in the event that the seller signs their offer back or sends all offers back for improvement. When buyers know they are entering a multiple offer situation, you could recommend the buyer get pre-approved from a financial institution (remember pre-approval is not the same as a mortgage commitment) and a professional inspection report prior to the presentation of their offer. Warn your buyers that the standard practice in multiple offer situations is for the listing brokerage find the sellers to conduct a "blind" bidding process; your buyer will never know what the other offers were. If your buyer is successful, he/she will never know how much more he/she offered than the next best offer.
  • 22. 22 37.3 conducting multiple offer presentations It is the obligation of the listing brokerage, through its sales representative, to ensure that the presentation process is fair to all parties. By following a few simple procedures, the duty of fairness can be met, while ensuring that the seller's interests are fully protected.  Inform salespeople who have registered offers immediately upon receiving word that another offer has been registered. Salespeople and buyers with offers on your listing have a right to know how many competitors they have for the property. If necessary, seek your seller's instruction to delay offer presentations if a salesperson calls to indicate that they are in the process of preparing an offer but won't have it ready for the scheduled presentation time. It is in your seller's best interests, to provide sufficient time to all interested parties to get to the table with their offers.  At the offer presentation, it is considered proper etiquette to present the offers in order of their registration if possible. Make sure that the salespeople waiting to present their offers are situated far enough away from the room in which the presentations are being made to ensure that they will not be able to overhear the conversation.  Once all the offers are presented and your seller has decided on a response, inform each of the salespeople with competing offers of your seller's decision.  If you or another salesperson with your firm has one or more of the competing offers, make sure that salespeople from other firms are aware of that fact.  If your seller chooses to sign back one of the offers, and the buyer who receives the sign-back comes back with a sign-back of their own, the seller has the opportunity to reopen the bidding to other parties. Point this out to your seller if the situation arises, and get your seller's instructions. They can choose to proceed with negotiations with the buyer in sign-back, or they can invite other bidders back to the table. If the Seller chooses to sign back or accept a second offer conditional upon their first sign-back not being accepted, make sure that you insert the proper condition in the second offer. Your seller does not want to be in the position of having sold the property twice!  Commission reductions can be offered when dealing with a multiple offer situation as long as the amount of the reduction is disclosed to all other salespeople. 37.4 dual representation and multiple offers It is possible that you or another salesperson in your firm will be working with a buyer who is interested in competing with other bidders for a property listed with our firm. This is of course Dual Representation. Before you proceed, you must do the following:  Explain the limitations of dual representation to both the seller and buyer and get their informed consent to your acting as a dual salesperson. Without the consent of both, you cannot proceed.  Remember, the brokerage enters into the contract with the client, not with the individual salesperson. The same rules apply whether you personally bring both clients to your firm or you and another salesperson with your firm bringing them in separately.  You must advise the salespeople with competing offers that you (or another salesperson in your company) have an offer from a buyer.  You must advise your buyer and your seller that your buyer will not get special treatment in the negotiating process, because you have a duty to ensure that there is a level playing field for all participants.  A registrant shall not represent more than one client in respect of the same trade in real estate unless all of the clients represented by the registrant in respect of that trade consent in writing.
  • 23. 23 38. RECOMMENDING SOLICITORS It is not a good or ethical practice to direct customers to a certain solicitor. The solicitor who has previously acted for the customer in question will quite certainly not appreciate our interference in causing his client to change solicitors. If the customer asks for your advice, however, or has had no previous dealings with any lawyer, it is permissible to suggest some names. The firm, however, strongly advises that at least three names be given. Sales representatives are also advised to avoid quoting solicitors' fees to their customers, as these vary considerably. 39. RECOMMENDING SERVICE PROVIDERS If your client asks you to refer a service provider for home inspections, financing, contracting, cleaning, etc., the firm strongly advises that at least three names be given. Sales representatives are also advised to avoid quoting to their customers, as these vary considerably. 40. DISPOSITION OF ACCEPTED OFFERS The Real Estate and Business Broker's Act requires that a signed copy of the accepted offer be delivered forthwith to each party who has signed the contract. Our office must have an original copy of any signed offer for our office files. 41. COMMISSION ISSUES You cannot ask for more commission than is offered by the listing brokerage by way of the Confirmation of Co-Operation and Representation form. You cannot negotiate commission during the presentation of a competing offer, or can it be part of the Agreement of Purchase and Sale. You cannot involve the seller or buyer in any commission negotiations between the listing and selling representatives. You can only negotiate increased commission between the listing sales representative and selling representative, however this must be done prior to obtaining an offer.
  • 24. 24 42. PERSONAL CLIENT INFORMATION 42.1 collection, use and distribution  Only the information necessary to facilitate the real estate transaction or otherwise provide professional and competent service to clients and customers will be collected.  No personal information shall be collected from an individual without first obtaining the consent of the individual to the collection, use and dissemination of that Information.  Express consent (whether oral or written) must always be obtained except in the following situation:  Consent may be implied where the information is not sensitive and where it can be reasonably assumed that the individual would expect the information to be disclosed in this fashion.  Once information is collected, it will be used and disclosed only for the purposes approved by the individual.  All representation agreements must include the approved privacy clauses. 42.1 disclosure for a new purpose  Anyone using personal information for some new purpose that extends beyond the consent already provided must obtain the express consent of the person for that use.  Requests for information from law enforcement officials, lawyers, private investigators, or other salespersons or subpoenas for documents issued by the court must be referred to the privacy officer/office manager or brokerage/salesperson as appropriate. Information must be protected in a manner commensurate with its sensitivity, value and criticality. This policy applies regardless of the media on which information is stored, the location where the information stored, the systems used to process the information, or the processes by which information is handled. 42.3 compliance Any complaints from an individual concerning the collection, use or disclosure of their personal information or concerning the individual's ability to access their personal information must be referred to the privacy compliance officer, who will attempt to resolve the complaint to the individual's satisfaction. In the event the complaint cannot be resolved internally to the individual's satisfaction, he or she will be advised of where to direct the complaint.
  • 25. 25 43. BUYING FOR YOUR OWN ACCOUNT This firm does not encourage its sales representatives to become involved in the business of buying and selling real estate for their own account. Our primary function is to serve both buyers and sellers by bringing them together. Recognizing, however, that in certain circumstances it can perform a valuable service or the seller of a property, the firm does not prohibit purchases by its sales staff. However, all such purchases when not in “arms length” must be discussed with Management, and no property listed with this firm may be purchased without the express consent of Management and proper disclosure. 43.1 obligations under the real estate and business broker’s act (REBBA) “Unless the registrant first delivers to all other parties to the agreement a written statement that he, she or it is a brokerage, broker or salesperson, as the case may be, and the other parties have acknowledged receipt of the statement in writing, no registrant shall, either directly or indirectly, (a) Purchase, lease, exchange or otherwise acquire for himself, herself, or itself, any interest in real estate or make an offer to do so; or (b) Divest himself, herself, or itself of any interest in real estate, or make an offer to do so." (Section 32 of the Rea! Estate and Business Broker's Act, 2002) Where real estate transactions in which a brokerage or salesperson is required to give a statement, is listed with the brokerage or, in the case of a salesperson, is listed with the brokerage by whom the salesperson, is employed, appointed or authorized to trade In real estate, the statement shall include: a) Full disclosure of all facts within his special knowledge that affect or will affect the re- sale value of the real estate, and b) The particulars of any negotiation or agreement by or on behalf of the brokerage or salesperson for the sale, exchange, lease or other disposition of any interest in the real estate to any other person.” 44. HARASSMENT POLICY 44.1 purpose The Company is committed to providing its employees and Independent Contractors with a safe work environment, which at all times is supportive of the dignity and self-esteem of the individual and which is free of harassment of any kind. Achieving this environment depends on mutual respect, co- operation and understanding between people. Attitudes and behaviors that undermine this are detrimental to all and will not be tolerated. This policy applies to all employees of the Company. This policy also applies to any independent contractor, sales representative, agent or employee of same, who is granted access to the workplace.
  • 26. 26 44.2 definitions Sexual Harassment  The Canadian Occupational Health and Safety Act defines "sexual harassment" as: any conduct, gesture or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or, that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion" General Harassment  General Harassment is unwelcome behavior (Including comments or actions) which is perceived by the receiver as being hostile, obnoxious, or intimidating. It Is targeted at a person or group of people because of a personal dislike or personality conflict, and not solely because of race, religion, colour, sexual orientation, or any other of the prohibited grounds. Workplace  "Workplace" is defined broadly and includes, but is not limited to, the actual work site (the office), outside the office, at office-related social functions, in the course of work assignments outside the office, at work-related conferences or training sessions, during work-related travel and over the telephone, fax, and internet/intranet. 44.3 examples of harassment Behavior which can constitute harassment includes, but is not limited to, the following:  Physical or verbal abuse;  Inappropriate comments/jokes causing embarrassment;  Sexually suggestive gestures, remarks and innuendoes;  Insults, jokes or slurs;  Leering, staring;  Inappropriate remarks about a person's physical appearance;  Comments about an individual's sex life;  Unwelcome touching or leering;  Unnecessary physical contact;  Demands or suggestions for sexual favours;  Compromising invitations, propositions;  Reprisal or threats of reprisal to any employee for rejecting any of the above behavior;  Repeated offensive sexual flirtations, and/or advances, and/or propositions;  The display of or circulation of any inappropriate written material or pictures. When asked what constitutes sexual harassment, bad taste or just having fun, the answer is the severity and frequency of the conduct and the victim's reaction/perception to the actions.
  • 27. 27 44.4 responding to harassment In many cases harassment ceases as soon as the offender is told that their actions are inappropriate. If nothing is done, it generally gets worse. If you object to what you think is inappropriate behavior and feel you can handle this directly, some suggestions are:  Stay in a calm, firm voice say:  “Please stop”" or “"Stop immediately”  “I don't feel this is appropriate or professional behavior"  "I don't appreciate hearing your comments and remarks"  "I find the material that you have displayed offensive" 44.5 recourse If any person feels that he or she is experiencing behavior, which is inappropriate, they are encouraged to advise a Manager immediately. Any such concerns will be given top priority and handled with confidentiality and discretion. Management will speak with the individual making the complaint and with the other parties involved. All formal complaints will be dealt with in strict confidence, subject to the Company's obligation to conduct thorough investigation. Employees and Independent Contractors may be assured that these sensitive matters will be handled in a timely and effective manner. 44.6 responsibility It is the responsibility of each person to ensure that these prohibited activities do not occur. Workplace Harassment is unpleasant and intimidating. It is essential that all employees take the necessary steps to stop harassment. Anyone who witness harassment or who becomes aware that an individual is being harassed has a responsibility to report the incident immediately to his/her supervisor or manager, without fear of reprisal. Managers are responsible for providing a harassment-free work environment and, upon becoming aware that some form of harassment is occurring, for taking prompt, corrective action, even if no complaint is filed. The Brokerage reserves the right to terminate any Salesperson upon 24 hours written notice deemed to have acted in an insulting or unprofessional manner with any other STOMP Salesperson or support staff.
  • 28. 28 54. TERMINATION All terminations will be in accordance as stipulated in the Independent Contractor Agreement, along with the following:  Any salesperson that fails to pay their RECO or Real Estate Board dues will automatically be terminated until reinstatement,  Any salesperson that fails to pay their monthly fees to STOMP will be terminated within 5 business days, unless the salesperson has receivables coming into STOMP in the next 30 days. The branch manager reserves the right under certain circumstances to extend the grace period if receivables are due in 60 days. IN SUMMARY Real estate is now recognized as a true profession. At STOMP Realty we endeavor to ensure our salespeople deliver the best level of service with integrity and trust.