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You must be committed to abiding by all applicable
antitrust laws.
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Understand that the commission rates of your firm
are based upon the cost of the services you provide, the value of these services
to your clients and competitive market conditions. Your commission rates are
not determined by agreement with, or recommendation or suggestion from any person
not a party to a listing agreement with your firm.
·
You shall not participate in any discussion with
any person affiliated with or employed by any other real estate firm concerning
the commission rates charged by your firm, or any other real estate firm in your
community. Commissions should only be discussed with individuals within the
office or with the client in the course of discussing or negotiating a listing
agreement.
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When soliciting a listing, or negotiating a listing
agreement, you must not make any reference to a "prevailing"
commission level in the community, the "going rate," or any other
words or phrases that suggest that commission rates are uniform or
"standard" within our marketing area.
·
The amount of compensation offered to cooperating
offices offered by your firm to cooperating brokers or "commission
split," is determined by the level of service we can expect a cooperating
office to perform, and the amount of compensation necessary to induce
cooperation under prevailing market conditions. You should NOT discuss the total
commission of the listing with the competitor, only the amount he or she is to
offer or receive. Commission splits, are not intended, and may not be used, to
induce or compel any other real estate firm in your marketing area to raise or
lower the commission they charge to their client.
·
When soliciting or negotiating a listing agreement,
you must not disparage the business practices of any other real estate firm, nor
suggest that your office, or any other office, will not cooperate with any other
real estate firm. Listing presentations shall focus exclusively upon the level
of service and professionalism provided by your office, the results you have
achieved for other clients, and the value the client can expect to receive for
the fees you charge. Potential clients should be invited, and encouraged, to
compare the value of your services to those of any other real estate firm in
your marketing area. Likewise, any salesperson who is invited by a potential
client to compare your services with those of any other real estate firm should
do so by emphasizing the nature and quality of the services you provide.
·
Whenever you are unsure about the proper way to
respond to the concerns of an actual or potential client or customer, or
whenever you have been present during an unauthorized discussion of fees or
commissions, you should contact your principal broker or sales manager
immediately. If necessary, the broker manager will consult your firm's attorney.