Davis & Davis Realty Inc
196-03 Linden Blvd
St. Albans NY 11412
718 341 8030
- There will be no use of The Logo of Davis & Davis Realty Inc or the name unless given by the broker in writing or expressed consent.
- No Newspaper ads or other advertisements should be placed without being approved by the broker. (The state has guidelines regarding such ads.)
- No legal documents should be drawn up using the broker’s name or logo.
- No document should be drawn up using the Realty name. Use MLS forms.
- Our business is customer friendly. Our attitude is that the customer is always respected.
- All clients who come into the Realty are clients of the agency not personal clients. They should be logged into the realty through the office.
- Calls are answered by the office during normal business hours and are then referred to the individual agent.
- No agent can enter listing into the MLS without the advice of the broker and proper MLS forms and signature from the owner.
- No agent can collect monies of any type from clients without the advice of the broker. During lease signings and offers the proper forms must be used and the transaction must be done in the Realty office.
- No agent is allowed to remain in the office after 9:00 PM due to safety issues.
- The normal business hours are from 11:00 to 6:30.
- Stay in touch with all clients until the end of the transactions.
- Be polite and attentive to all clients.
AGENCY Responsibilities – Buyers and Sellers are often confused about whom a real estate agent represents in a transaction. A Broker or Sales Associate may be employed by the Seller, the Buyer, act as a Transactional Broker or offer no agency relationship. Whomever we represent in a transaction, we must strictly observe our fiduciary responsibilities to our principal(s). We take this matter seriously and so must our Associates. We must always remember who has employed us and we must always keep our fiduciary.
FAIR HOUSING
Davis & Davis Realty Inc. has ZERO tolerance for violations of the Fair Housing laws and prohibits any client, customer, agent or employee from discriminating in the provision of any of the company’s services on the basis of age, sex, race, color, religion, physical or mental disability, familial status, marital status, national origin, genetic information, sexual orientation or any other protected category. Prohibited practices may include, but are not limited to the following behaviors:
- Refusing to show, sell or rent based on a person being a member of a protected class.
- Different treatment/disparate treatment to persons of a protected class.
- Steering or guiding potential homebuyers to selected areas based on where you think they need to live.
- Discriminatory advertising that “expresses” a preference for buyers of a particular protected category.
- Harassment (i.e., coercion, intimidation, threats, or interference with a person’s fair housing rights or because a party is abiding by fair housing law).
- Applying more burdensome criteria to applicants of protected classes.
- Blockbusting which is defined as any illegal, discriminatory practice whereby an agent induces a property owner to list his or her property by representing that the neighborhood may change as a result of race, color, sex, religion, sexual orientation, marital status, national origin, genetic information, disability or any other protected category.
HARASSMENT POLICY
It is the policy that all employees, customers and clients be free of discrimination and harassment on the basis of an individual’s race, color, sex, pregnancy, sexual orientation, national origin, genetic information, religion, marital status, veteran status, physical or mental disability, age or any other protected category under federal or state law. Davis & Davis Realty will not tolerate sexual or other unlawful discrimination or harassment in the workplace or in other settings in which employees, customers and clients may find themselves in connection with their employment or agent-related business. Davis & Davis Realty also will not tolerate any retaliation against anyone
complaining of harassment or anyone who has cooperated in an investigation of harassment in accordance with this policy.
Your Listings
As listing agent and as part of the listing agreement with the home seller you will have reviewed with the seller, our showing protocol. You will have had them check the box on the listing agreement that allows a lock box to be placed on the property. If a buyer’s agent is showing the property you do need to attend the showing but MUST confirm the showing is ok with the home owner. If the property is vacant and the property owner has confirmed that “Go and Show” showings are ok then home owner confirmation for each showing is not required (but you should still let the property owner know a showing is occurring). Direct showings (a direct showing is a showing that you perform) of one your listings where the buyer has contacted you directly to see your listing. Again, as above, you need to confirm the showing with the home seller. During a direct showing you need to ensure all lights are turned off and that the property is 100% secured (every door locked).
Buyer Agency
You must accompany your buyer on every showing, NO EXCEPTIONS. You are not to give your buyer the lock box code to the property. You must secure the property upon leaving the showing by ensuring all lights are turned off and that the property is 100% secured (every door locked).
If you are running early or late for a showing please notify the listing service or listing agent of when you will be arriving and reconfirm that the time is still acceptable. Please remember you are in some ones home and the utmost care must be taken at all times.
Open House
Strategically place open house signs in front of the home. Have property hand outs available and a sign in sheet to log in visitors. Try to log in visitor as they arrive. It is best if you do not let the attendee sign in, but you conducting the open house ask for their name (first name is ok), email address and phone number (optional) and you write down their information (this will prevent you from not being able to read their hand writing) Then let the attendee view the property and give them space to do so. As the visitor is wrapping up please circle back to them and see if they have questions or feedback. If they seem to have minimal or no interest in the property certainly feel free to follow up with them after the open house to assist them in finding another home. If there is interest and it is not your listing, you can refer them to the listing agent or assist them as buyer agent (please explain to them the pluses and minuses of each situation). When the open house is finished please secure the property. Provide feedback as to how the open house went (number of attendees etc. for the listing agent or home owner).
Expenses
As an independent contractor you are responsible for all your own expenses including but not limited to: For Sale Signs, Open House Signs, Business Cards, advertising to promote your listing, advertising to obtain buyer and seller clients, MLS Dues, Local, State and National Realtor Dues and any other fee, expense or cost to run your business.
RESPA
Generally speaking, RESPA prohibits kickbacks, referral fees, receiving unearned fees or receiving a “thing of value” for the referral of business related to a real estate transaction. RESPA also prohibits the splitting of any settlement charge except for paying for actual services rendered at fair market value. In addition to being an anti-kickback act, RESPA is a disclosure act as well. This does not mean, however, that a kickback or unearned fee that is disclosed is legal. A RESPA violation can occur whenever there is a thing of value that is to be given in exchange for a settlement service referral. The agreement can be implied from the circumstances or from historical patterns and practices.
Lead Paint Disclosure
If you are involved in a potential sale or lease of a residential property built prior to 1978, it is a requirement that the Disclosure of Information on Lead Based Paint and/or Lead Based Paint Hazards form needs to be fully completed by all parties to the transaction. This form needs to be completed prior to or simultanously with the execution of the purchase and sale agreement.
The current forms are in FORM SIMPLICITY on The MLS website and you should only use those forms. Additionally, you should only use the form if the property was built prior to 1978 or has components in the existing structure that were built and existing in the structure prior to 1978. An example of this would be a building that was substantially rehabilitated but that contained certain components that predated 1978.
Advertisements
The term “media” is interpreted to mean any form of promotion, including but not limited to print, electronic, billboard, signs, the internet, social networking and or any other form of display. All advertisements and collateral marketing materials must include the name of the Firm and its logo with correct PMS colors, conspicuously, and either the principal broker or agent’s name and number.
Confidential Information
Davis & Davis Realty data and information (including customer information) is considered confidential unless Davis & Davis Realty has granted permission for a user to use it. Specific examples of confidential information includes, but is not limited to, personnel and payroll records of present or past employees, information concerning transactions with clients, financial records of the company, records of purchases from vendors and suppliers, and any other information regarding the business affairs or operating practices or procedures of the company. Accessing or attempting to access confidential data is strictly prohibited. Confidential information should be used only for its intended purpose. Agents’ responsibility for confidentiality continues outside of work, therefore agents should use special care when using home computers and other portable devices. When sending e-mail messages concerning confidential and/or proprietary information, agents are expected to exercise significant caution because of the ability of others to “crack” the system. Questions regarding what level of security is needed for particular information should be directed to the Principal Broker.
Conflict of Interest
If you or a family member have a personal interest in either selling or purchasing a property, you must disclose this interest in writing to all parties involved in the transaction. For any other potential conflict of interest, you are required to bring the issue to the immediate attention of the Principal Broker.
TERMINATION OF AFFILIATION
In the event that you or Davis & Davis Realty decide to end your association, you will be expected to immediately turn in all Davis & Davis Realty property, including signs, office policy manuals, equipment, reference material, office keys, and other proprietary material, transactional files, records and information pertaining to listings, offers, negotiations, purchase and sales agreements or other contracts, as well as any other office files. Upon termination of affiliation or demand from the Principal Broker, you shall also immediately surrender and return all computer or other information systems relating material in your possession or control. You should meet with the Principle Broker for the final separation process, summary review of open transactions, credits and expenses and reassignment of active clients. The Principle Broker’s supervisory responsibility shall terminate upon the returning of the agent’s license to the real estate commission. Any listing or buyer representation agreements that were entered into while an agent of Davis & Davis Realty unless other terms are agreed to in your separation agreement.