1. About the Company 

Associate Brokers are defined as independent contractors who are affiliated with a Broker or a firm, partnership, or corporation of which the Broker is a sole proprietor, partner or officer, who is actively engaged in real estate and licensed by the Colorado Real Estate Commission as such. 

The Broker is licensed by the Colorado Real Estate Commission under the following name: Mod Boulder LLC and doing business as Mod Boulder (the “Company”). Mod Boulder was created to meet the needs of the modern home buyer and seller. As a professionals, it is our job to make the entire process a comfortable and stress free experience, from start to finish. 

2. Policy Manual 

2.1 General Purpose 

The purpose of this manual is to establish a uniform system of daily conduct by and between us when dealing with each other, other members of the Company, our clients, and members of the public. 

2.2 Responsibilities 

You’re responsible to work in accordance with Colorado law. Your failure to comply with the policies and procedures within this manual may result in your termination from the Company. 

2.3 Changes in Manual 

This Policy manual may be changed from time to time by the Company. Changes can be made at any time and will then be distributed through e-mail to all Associate Brokers. The revised policies at any time represent the Company’s current Policy Manual.

2.4 Conflict with Associate Brokers Independent Contractor Agreement 

In the event of a conflict between the Policy Manual and the Independent Contractor Agreement, the terms of this Policy Manual shall prevail. 

3. Independent Contractor Relationship 

3.1 Independent Contractor 

You have signed an Independent Contractor Agreement with the Company and are associated with Company as an Independent Contractor. You do not have an employee-employer relationship with the Company. You are considered to be an Independent Contractor for tax purposes and will receive a 1099 at the end of each calendar year. The Company will NOT withhold taxes or Social Security from your compensation. Payment of taxes and Social Security contributions are your responsibility. You are also considered an independent contractor for purposes of Unemployment Insurance. Between the Company and Associate Broker, minimum wage laws do not apply. 

3.2 At-Will-Status 

You are associated with the Company for an unspecified term on an at-will-basis. Except where it is otherwise expressly agreed in writing with the Company, either party may terminate your association at any time with or without cause or reason. 

4. General Office Procedures 

4.1 CREC License and Requirements 

You are required to maintain a valid Colorado Real Estate Associate Broker license in good standing while associated with the Company. If your license expires, you may not engage in any activities on behalf of the Company for which a real estate license is required. The Broker may designate another Associate Broker to handle your prospects, listings, and transactions during any time your license lapses and allocate such reasonable compensation to that Associate Broker for work performed. 

The Company’s Broker is charged by Colorado law to review, supervise and manage the activity of all Associate Brokers. The Broker may rely on management and staff support to perform this function. You are expected to cooperate with Broker’s assistants in the handling of files, documents, and procedures in accordance with this Policy Manual and Colorado law. 

It is your responsibility to keep current on changes in industry practices and to take advantage of available education and training programs to maintain your professionalism and your ability to properly represent your clients. It is also your responsibility to obtain all Continuing Education courses so as to renew your license in a timely manner. 

4.2 Company Business Hours 

Managing Broker support is available daily during reasonable working hours. 

4.3 Business Cards, Signs 

You can order company business cards on your own. For Sale signs can be purchased by the Company at the Associate Broker’s expense. BE AWARE: Certain municipalities, housing developments and Homeowners’ Associations have strict guidelines, rules, and ordinances regarding the size and placement of signs. You must determine whether or not the Company’s sign and its placement will conform to these requirements BEFORE installation. You are responsible to have the sign removed immediately once the listing expires or the property sale is closed. 

4.4 Working Place 

The Company does not provide office space for our Broker Associates. As you are an independent contractor, it is permissible to work from your home, own office, car, or other places. However, remember that the Managing Broker is required to supervise your activity. Be sure that all files and documents that you work on are in a safe place and can be presented to Broker/Office within 24 hours. You must be reachable by phone, email, and regular mail and respond to voicemails within 24 hours. You need to provide us an address of your office or home. 

4.5 Professional Associations 

The Company is a member of IRES. As an Associate Broker with this Company, it is recommended that you join IRES as well. As an IRES member you are required to be familiar with, and adhere to, its rules and regulations. If you fail to comply with those rules and regulations, or fail to pay your IRES bill when due, you and/or the Company may be fined, suspended or expelled, and your listings may be removed from the IRES. You will be responsible for payment of any and all fines levied against you and/or the Company resulting from your noncompliance. Furthermore, your noncompliance may result in your termination from the Company. 

4.6 Fees and Commissions 

All fees and commissions must be made payable to the Company, unless otherwise specified in a Commission Disbursement Authorization prepared by Company Management. You will be paid out of the fees and commissions earned by you, and for which you are the procuring cause, based on the terms mentioned in your Independent Contractor Agreement. 

4.7 Tax Reporting 

At the end of each calendar year or as soon thereafter as possible, the Company will provide you with an Internal Revenue Service Form 1099 setting forth compensation paid to you. Your income earned and expenses incurred have significant tax consequences. You are encouraged to get competent independent tax advice and keep accurate records of earnings and expenses. 

4.8 Deductions 

All Expenses of any kind incurred by you with the Company or incurred by the Company on your behalf, including unpaid draws and advances, expenses for advertising, supplies, signs, etc., and/or any such expenses that you have agreed to pay the Company but have not paid in accordance with Company policy, will be deducted from the next commission payments due you. 

4.9 Trust Fund Handling 

Colorado law regulates the handling of Earnest Money deposits and you must comply with these laws. Improper trust fund handling may lead to civil, criminal, and Real Estate Commission action against you and the Company. Remember, you are handling someone else’s money. 

IT IS ILLEGAL TO RECEIVE FUNDS IN YOUR PERSONAL NAME OR ACCEPT CASH PAYMENTS FROM CLIENTS. 

4.10 Identity Theft 

Identity theft is a growing concern. So, it is essential that you treat with care and confidentiality all files containing names, addresses, phone numbers, social security numbers, credit card information, or any other personally identifiable information. You must assure that any files containing such information that remain in your possession be kept in a secure location and disposed of properly. 

4.11 Safe Driving / Automobile 

You are expected to keep your automobile in a clean, properly maintained, and safe operating condition at all times. Remember: You are responsible for damage or injury caused while driving. It is your obligation to drive in a safe, responsible and alert manner, and to maintain Automobile Insurance with sufficient liability limits. 

4.12 Personal Transactions 

You may have one (1) transaction per year of your own personal property on either the buy or sell side and not pay a company split. A $500 processing fee will be charged on the transaction. You must disclose in writing that you are a real estate licensee whenever you buy or sell property in which you have an ownership interest, or where you have a special relationship with a buyer, or where there is a possibility that you could acquire indirectly a financial or legal interest in the property. 

4.13 Vacations 

As an Independent Contractor, you are entitled to schedule vacations. However, if there are any pending transactions, please advise the Broker of your vacation schedule and how any pending business will be handled in your absence. 

4.14 Anti-Trust Guidelines 

Do not engage in any verbal or written conversations with agents or brokers with other companies regarding: 

a. The setting of commissions, charges or other fees to the public
b. Boycotting or not doing business with a particular competitor
c. The setting of rates or percentages of shared commission compensation to cooperating brokers

4.15 Transaction Coordinators 

Our company does not provide a transaction coordinator service. You are responsible to see that the transaction file is complete and complies with all legal and association requirements. 

5. Handling Clients 

5.1 Proprietary Information 

Treat all client information as confidential and proprietary. You have a fiduciary duty to your clients and must never use any information learned during the course of your representation of your clients in any manner adverse to their interests. 

5.2 Fair Housing 

The Company is committed to equal opportunity, fair housing, and complying with all applicable local, state, and federal fair housing laws. To that end, we do not discriminate on the basis of any arbitrary classification, including, but not limited to, the following: Race, Color, Religion, Sex, Handicap or Disability, Familial status, National Origin, or Sexual Orientation. 

5.3 Agency Relationships and Duties 

The Company recognizes two forms of agency:

a. “Agency” or Single Agent (Seller’s Agent exclusively or Buyer’s Agent exclusively)
b. “Transaction Brokerage” (Broker assists one or more parties throughout the transactions without being an advocate for any party)

5.4 Duties and Standards of Conduct 

When you represent a principal in a transaction you have a fiduciary duty to that person. That means you have a duty of utmost care, integrity, honesty and loyalty in dealings with that principal. In addition, a listing agent owes the buyer, and a buyer’s agent owes the seller the following duties: 

a. Honesty
b.Good faith and fair dealing
c. Disclosure of known facts materially affecting the value or desirability of the parties
d. The exercise of reasonable skill and care in performance of your duties

5.5 Agency Disclosure Requiremnts 

You must provide a disclosure from entitled “Definitions of Working Relationships” in every applicable transaction. If you represent the seller, you must provide the disclosure form to the seller BEFORE entering into the listing agreement. Inform the seller of our policy regarding agency as set forth above. If you represent the buyer, the law requires that you must provide the buyer with an agency disclosure as soon as practicable BEFORE executing an offer to purchase. 

5.6 Taking Listings 

Colorado law requires that a compensation agreement be in writing and signed by the party to be charged in order to be enforceable. If someone signs on behalf of another, you must have written evidence of the authority to act, such as a power of attorney of letter of administration. 

If the property is in escrow, make sure the listing does not expire before close of escrow. Get all modifications or extensions in writing. 

All listings are taken in the name of the Company, which reserves the right to reassign the listing upon request of the seller or if the listing has not been handled properly.

5.7 Negotiating Commissions 

The commission paid by client is negotiable. You will receive your commission minus the Company split. The Company reserves the right to set any fees when necessary. 

5.8 Drafting and Negotiating Contacts 

When preparing an offer to purchase on a purchase agreement form or completing an addendum or counter-offer form: 

a. Fill in all blanks or place a line through them
b. Review any written sentences or paragraphs to see if they can be clearly
understood by someone who is not familiar with the discussions you may have had with your client
c. Review the document in light of all prior offer terms, addenda, and/or counter-offers to make sure that there are no ambiguities or conflicts between various terms
d. Review the document to be sure it reflects your clients' wishes prior to asking them to sign. 

Remember, as a listing agent, you must present all offers to the seller, even if the property if in escrow, unless the seller has given you written instructions to the contrary. Upon receiving the offer, review it thoroughly for completeness, accuracy, and clarity. Pay close attention to time limits set out in the offer, ESPECIALLY the time within which the seller must respond. Make an appointment as soon as possible to present the offer. 

As with all contracts, you must obtain all parties’ signatures. If a party signs on behalf of another, you must have evidence of that person’s authority to do so in writing. If you must present an offer missing a signature, you must disclose this fact to the seller or listing agent. Be sure to condition the offer on obtaining any missing signature(s). 

If your clients receive a counter offer, be sure the terms are clear and complete. Be sure to review it against the original offer to purchase and all previous counter offers. Act expeditiously to present the counter offer for consideration, signature, and timely delivery to the other agent. 

5.9 Referral Fees 

The Real Estate Settlement Procedures Act (RESPA) prohibits the payment of cash or anything of value from one settlement provider to another settlement provider (real estate agent, lender, Title Company, etc.). One exception is between real estate brokers for the referral of clients, in which case referral fees may be paid or received. 

6. Maintaining Files 

Your files are a record of every event relative to your dealings with your clients on a listing or sale transaction. The Company must retain copies of all listings, deposit receipts, cancelled checks, and other documents executed by you or obtained by you in connection with a real estate transaction, whether the sale is consummated or not. The Company must maintain a neat and orderly file on every listing and sale on which you work. All files are the property of the Company and are to remain in the Company’s possession and held in storage in accordance with CREC after which time they may be destroyed properly. 

6.1 Broker Review 

You must submit all required documents to the Managing Broker or his/her designee within 48 hours after receipt by you. Management will review the documents for completeness and accuracy. Remember, your file must be complete to receive compensation. Transaction checklists are available. 

6.2 Get It In Writing 

As a general rule, all agreements must be in writing. In fact, if you don’t have a written agreement with the principal, you may not receive your commission. If you discuss anything with any party or another broker/agent, always confirm your discussions and understanding with a written follow-up to that party or broker/agent. Never sign anything on behalf of your client, another agent, broker, or anyone else. 

6.3 Do Not Use Outdated Forms 

Always use current forms. Keep your on-line forms database up to date with the most current forms. 

7. Personal Assistants 

7.1 General 

Generally, as your business increases, you may find hiring a personal assistant to be helpful. In hiring a personal assistant, you become an employer and have employer responsibility in that relationship. Interviewing, hiring and contracting with the assistant will be solely up to you. You agree that any assistant you hire will be required to abide by this Policy Manual. Any compensation due the assistant shall be arranged between you and your assistant and will be your responsibility. 

7.2 Unlicensed Assistant 

Unlicensed personal assistants may not engage in any activity which requires a real estate license. The Company shall never be obligated to pay your personal assistant. 

7.3 Associate Broker - Personal Assistant Contract 

You are required to have a written agreement with your personal assistant that expresses the nature of the relationship and each party’s duties and responsibilities. 

7.4 Workers' Compensation 

No Workers' Compensation insurance is provided by the Company for assistants hired by agents. Agents who hire assistants may be responsible for providing Workers' Compensation insurance for those assistants where required. Agents should discuss this situation a Workers' Compensation insurance representative. 

8. Advertising Guidelines 

8.1 General 

Anytime you advertise property you must include the term “Broker”, “agent”, or “licensee”. 

8.2 Legal and Ethical Considerations 

As an associate and licensee, you have both a legal and ethical obligation to be truthful when advertising property or services. All advertising must comply with all state and federal advertising requirements. Any false or misleading advertisement will immediately be withdrawn by the Company. Legally, you may be held liable for fraud, intentional misrepresentation, or negligent misrepresentation if you make material false statements or material omissions in an advertisement. Additionally, you may face disciplinary action from the Colorado Real Estate Commission. 

8.3 Company Name and Logos 

The Company’s name and/or logo must be included in all advertisings and conform to the Company’s graphic standards regarding the style, color, and uses of the name and logo.  

8.4 Fair Housing 

The Company is committed to equal opportunity and fair housing in all of its advertising. Be aware that the selective use of words, phrases, symbols, visual aids, and media in the advertising of real estate may indicate preferences held by the advertiser and lead to allegations of discriminatory housing practices. Words in a real estate advertisement which indicate a particular race, color, sex, handicap, familial status, or national origin are considered likely violations of the Federal Fair Housing Act and may not be used in the Company advertisements. 

9. Policy Against Harassment 

9.1 Company Policy 

It is the policy of the Company that its employees, associates, and clients be free of harassment. Harassment is damaging to morale, serves no legitimate business purpose, is unlawful, and exposes the Company and individuals involved to significant legal liability. 

9.2 Enforcement 

If you believe that you have been harassed, please bring the problem to the attention of the Managing Broker. You do not have to put your complaint in writing but it is helpful to provide details about dates, times, places, and witnesses to the harassment. All complaints will be investigated promptly by designated Company management. If your complaint of harassment is found to be totally and completely without basis, appropriate measures may be taken against you. 

10. Litigation and Claims Handling 

10.1 General 

You are required to promptly notify your Broker of any claim or potential claim made against you and/or the Company, including and any demand received by you for money or services alleging a negligent act or omission, any notification of the commencement of a lawsuit, arbitration or mediation process, or any written or verbal notice or threat that anyone intends to hold you and/or the Company responsible for any alleged wrongdoing. You are required to cooperate with the Company in the defense of a claim.

10.2 Legal Defense 

When a claim or demand is made, or a lawsuit or other action is filed, against either you or the Company by a third party which alleges any breach of any duty, error or omission, or negligence in the performance of “Professional Services”, as that term is defined in the Company’s Errors & Omissions Policy of Insurance, for activities covered by the Insurance Policy, the Company shall defend the claim and the cost of such defense shall be allocated as set forth herein. Company has the right to make all decisions concerning the defense of the claim, including choice of counsel. In the event you object to any decision made by the Company, you may obtain your own attorney at your own expense; however, you shall not be relieved from the obligation to pay your portion of the cost of the claim as set forth herein.

10.3 Allocation of Costs of Defense 

Except as provided below, the cost of defense of the claim, or to defend or protect against any potential Claim where the Company or your are not involved as a party, including attorney’s fees, and the cost of any settlement or a judgment (collectively the “Costs of Defense”), shall be allocated between the Company and you in the same percentages as per your Independent Contractor Agreement or prospective transaction that led to the claim, whether or not the transaction actually closed. You shall be responsible for all Costs of a claim if you fail to follow any law, regulation, or Company policy as set forth in this Policy Manual and that failure results in a judgment or other final adjudication on any claims adverse to the Company and/or you.

10.4 Disputes during Escrow 

If a dispute arises during an escrow between seller, buyer, the cooperating broker, and/or the Company which cannot be resolved by negotiations between the parties and the agent(s) involved and the Company determines that it is in the best interest of the Company to resolve the matter during escrow rather than risk a potential claim or litigation after close of escrow, then Company Broker has the right to negotiate a resolution of the dispute which may involve a reduction in the commission to be received or a credit given to one of the parties. In that event, and regardless of actual Company or agent liability or responsibility in the dispute, the agent(s) and the Company will participate in the commission reduction or credit pro rata. 

10.5 Agent-Owned Property 

Any property in which you have, or will acquire, an ownership, financial or other legal or other interest, is “Agent-Owned Property”. The Company’s E&O Insurance Policy governs coverage of the sale or purchase of any Agent-Owned Property. In any sale or purchase of Agent-Owned Property not covered by the E&O Insurance Policy, you shall be solely responsible for costs of defense, settlement or judgement on any claim, suit or action of any nature arising therefore. 

In the event you are selling or purchasing Agent-Owned Property, you must: 

a. Notify the Broker in advance
b. Obtain, in advance, your Broker approval of all marketing material and disclosure documents, any purchase contract provisions prior to their execution, and any correspondence or other writings that pertain to the purchase or sale
c. Not represent buyers or prospective buyers in the sale of your Agent-Owned Property
d. Notify the Broker immediately in the event that any of the Company’s agents writes an offer on your Agent-Owned Property. 

11. Dispute Resolution 

11.1 Intra-Office Dispute Resolution 

All disputes involving you and another associate of the Company will be promptly reported to the Managing Broker. The Broker or designated member of the management team will attempt to resolve the dispute through informal mediation in which all affected Broker Associates are expected to participate. You agree that disputes involving another associate which cannot be resolved by the Company will be resolved by binding arbitration. 

11.2 Third Party Disputes 

You are required to immediately notify your Managing Broker of any dispute or claim involving you, another associate of this office, the office itself, the Company, and/or a third party, including brokers and associates of other brokerages. The Company will make all reasonable efforts to resolve the dispute informally. Any such resolution will be binding on the agents involved in the dispute or claim. 

12. Termination 

12.1 Grounds for Termination 

Your association with the Company can be terminated by either party, with or without cause, at any time.

12.2 Associate’s Compensation on Termination 

If association with the Company is terminated while you have any listings or pending transactions that require further work normally rendered by you, the Managing Broker will make arrangements with another Associate Broker in the Company to perform the required work. The licensee performing the work shall be reasonably compensated for completing work on those listings or transactions and such reasonable compensation shall be deducted from your share of the compensation. Except for such offset, you shall receive the compensation due as specified in the Independent Contractor Agreement. 

12.3 Listings 

Listings are the property of the Company, even upon your termination. Within 24 hours after notice of termination by either party, you must provide your Management with a list of all active listings taken by you and all pending transactions.