Residential - Coldwell Banker Danforth

Residential - Coldwell Banker Danforth
Policies & Procedures
September 1, 2011
POLICY AND PROCEDURE MANUAL: You are required to be current with CBDA’s Policy
and Procedure Manual at all times. The current version is available in CBWorks.
Sales Associate & Broker: The definition of the terms “sales associate” or “broker” for use
within this document shall mean a licensed: 1. Broker 2. Managing Broker or 3. Assistant, within
the CBDA organization.
OFFICE OPENING/CLOSING PROCEDURE: Each Sales Associate will have access to all
CBDA offices through the use of the key pad located on an exterior door. Use the last 6 digit’s of
your SS# to gain access. Turn off all lights when leaving the office.
SECURITY SYSTEM: Set the alarm on the security system before leaving. All 3 offices have
the same alarm code. If you do not know the code, call a manager before attempting to enter any
of our offices. If you set off the alarm, immediately contact an office manager. Failure to contact
either an office manager or Broadview Security within 2 minutes of setting off the alarm will
result in a $100.00 fine. If you have any questions on the operation of the system or security
codes, contact any of our staff members for assistance.
ORIENTATION: Each Sales Associate is required to attend an Orientation class within 3 weeks
of joining our company. Ask a manager for the Orientation schedule.
COPY MACHINE: Your code to the copy machines is the last 6 digits of your Social Security
number. 200 free black & white copies per month are included. Any additional black & white
copies will be charged at $.10 per copy. All color copies are charged at $.35 per copy.
STATIONERY STORE: Coldwell Banker stationery, envelopes, CMA covers, etc., can be
purchased through the Receptionist. An extensive selection of all Coldwell Banker materials is
available through Xpressdocs located in CBWorks under the Sales Associates Quick Links.
Staff will provide information on how to use the telephones. Home Office Associates will be
billed for use of long distance services.
SIGN CALLS/AD CALLS - All calls will go to the listing broker. Caller does not have
to ask for the Sales Associate by name. Receptionist will transfer calls to the broker’s
mobile phone.
RELOCATION REFERRALS - Management reserves the right to determine who will
receive relocation referrals. All web based leads are directed to an eligible broker by the
LeadRouter computer. All leads given out by management or through LeadRouter (not
on your own listings) have a 20% referral fee due to CBDA if accepted.
WILL CALL: Ask Receptionist for procedures and location.
POSTAGE: All items sent via US mail will be at Sales Associate expense.
VACATIONS & MEDICAL LEAVE: It is the Sales Associate’s responsibility to arrange
coverage for their business when leaving town, or otherwise unavailable. Sales Associate must
notify Management in writing and provide name and telephone numbers of contact person.
COMMUNICATION: Sales Associate’s must give their e-mail address to the office and notify
the office of any changes. E-mail is the primary means of communication between
Management & Sales Associates. Ask Management for information regarding the free email
address available through Coldwell Banker.
E-MAIL & TEXTING: It is important to remember the nature of the information created and
stored electronically. Because they seem informal, e-mail and texting messages are sometimes
offhand, like a conversation, and not as carefully thought out as a letter or memorandum. Like
any other document, an e-mail or text message or other computer information can later be used to
indicate what the broker knew or felt. You should keep this in mind when creating e-mail or text
messages and other documents. You should not send e-mail, text or other communications that
either mask your identity or indicate that they were sent by someone else. Even after you delete
an e-mail or text message or close a computer session, it may still be recoverable and may be
used in a court of law.
FAXES & CONFIDENTIALITY: All incoming faxes are converted to a PDF and sent to your
email account. All Fax transmissions are confidential and must only be viewed by the named
HOME OFFICE FAX: Make sure that your home fax machine has the correct fax number and
date displayed on all outgoing and incoming faxes. It is helpful when sending a multi page fax to
number each page. When faxing documents to other Sales Associates/Broker do the following:
1. All offers and subsequent notices must be faxed to the licensee’s office or to the agent’s
home office provided that you have called to verify that agent is home to receive the
2. After faxing an offer, call the Listing Office/Sales Associates to verify that the fax was
DEDICATED FAX LINE: Home Office Sales Associate’s are required to have a dedicated fax
line at their home office. This can be an e-fax or traditional fax line.
need to have Microsoft Office Professional 2003 (including Power Point) to operate the Wheel of
Resources and other office programs we have available for your use.
COMPANY FAX LINE: Any faxes received during business hours, seven days a week, shall be
forwarded to agents via the e-mail address [email protected] to prevent this address from
being considered spam or junk mail, please make sure that you enter it into your contacts or safe
MEETINGS (AS NEEDED): There will be meetings to keep the Sales Associates informed on
changes that occur. We also send out emails in regards to legal and NWMLS updates. You
MUST read all emails from the office.
PROFESSIONAL ATTIRE: Management & Sales Associate's personal image is a reflection
on the professional reputation of this office. You get only one chance to make a "great" first
impression. The public perceives a person dressing casually in the business world as having a
"casual attitude" toward business.
TALKING TO THE MEDIA: No Sales Associate shall talk to the media without the express
written permission of a CBDA Manager.
WORK ORDERS: Do not order work to be done on any property in the name of Coldwell
Banker Danforth. Your Seller or Buyer should always be named as the responsible person to pay
the bill, not Coldwell Banker Danforth. Should a Sales Associate use Coldwell Bankers name to
place a work order, then that Sales Associates will be expected to pay the bill.
COMPANY COMPUTERS/INTERNET ACCESS: Company-owned and maintained
computers and Internet service providers obtained and paid for by office are to be used for
company-related real estate business purposes only. Internet access via company computers for
personal use is not permitted. If you wish to use your laptop while in our offices, please consult
our “The CBDA Wireless Laptop Instruction Manual” in each office for gaining access to the
wireless system.
OFFENSIVE MATERIAL: Sending, saving or viewing offensive material or otherwise
violating CBDA’S policies against harassment or discrimination is prohibited. Messages stored
and or transmitted by computer, voice mail, e-mail, copiers or telephone must not contain content
that may reasonable be considered offensive to any client, staff of CBDA, or other broker.
Offensive material includes, but is not limited to obscenity, sexual comments, jokes or images,
racial slurs, gender specific comments, or any comments, jokes or images that would offend
someone on the basis of his or her race, color, creed, sex, age, national origin or ancestry,
physical or mental disability, veteran status, marital status, medical condition or sexual
orientation as well as any other category protected by federal, state, or local laws. Any use of the
internet to harass or discriminate is unlawful and strictly prohibited by CBDA. Violators will be
subject to discipline, up to and including release of license.
PROPERTY MANAGEMENT: If you want to do any Property Management, you must read the
“Property Management Policy and Procedure Manual” before conducting any Property
Management related business. A copy of this manual is available in CB Works under the Learn
SHORT SALE NEGOTIATORS: Any individual who is directly or indirectly negotiating with
a lender is required to hold an active real estate license or be appropriately licensed by the
Department of Financial Institutions. Brokers with CBDA will not use any unlicensed
negotiators. It is appropriate to ask to see the license of any Short Sale Negotiator.
Effective December 29, 2010 a federal program entitled MARS (Mortgage Assistance Relief
Services) will regulate short sale negotiators. Significant penalties, both legal and regulatory,
may be imposed on any real estate broker who refers a short sale negotiator who is not compliant
with both state and federal short sale negotiator requirements.
MARS Rules prohibit any MARS provider (e.g. short sale negotiator) from collecting an advance
fee by requesting or receiving any payment until the consumer has executed a written agreement
with the consumer’s lender that incorporates the offer of mortgage assistance relief that the
MARS provider obtained from the lender. Second, the MARS Rules require that any MARS
provider make specific disclosures in any written or audible “commercial communication” related
to any MARS service. “Commercial communications” means any written or oral statement,
including web pages, designed to effect a sale or create interest in purchasing any MARS service.
delivered to the client upon initial discussion of a short sale listing. Form 48A will be delivered
to the transaction center with the signed listing agreement. When lien holder approval is
obtained, NWMLS Form 48B will be attached to the lien holder approval letter and delivered to
the seller. A copy of the lien holder letter and Form 48B will be delivered to the transaction
center. (See NWMLS Legal Bulletin 188)
CLOCK HOUR CLASSES: Information for local schools is available on under the tab entitled “Learn”.
REAL ESTATE LICENSE RENEWAL: It is the Sales Associate’s responsibility to complete
all required clock hours (including CORE) and renew their license on or before their birthday.
Renewal can be accomplished on the DOL website or mailing the renewal application to the state.
• Renewing Online: Upon completing the online form, print out a copy and fax or email
to the office.
• Renewing by Mail: Make a copy of the completed form. Fax or email to the office prior
to dropping the renewal application in the mail.
If the office has not received this information by your license expiration date, we will be
forced to return your license to the state. You will not be removed from our billing list
unless you notify us in writing that it is your intent not to renew your license. You will still
be obligated for your monthly fees up to the date that you notify us that you are no longer
intending to be a CBDA Sales Associate. Upon completion of your clock hours and license
renewal, we will assist you in reactivation with our office.
BROKER ACTING AS LOAN OFFICER: Generally, under RCW 19.146.0201 (the
Mortgage Brokerage Act), it is a violation for a person to act as a mortgage broker in any
transaction in which they are acting as a real estate broker. However, it is not a violation if the
person complies with the following:
1. Prior to providing mortgage brokerage services to the borrower, the person provides to
the borrower the following written disclosure: THIS IS TO GIVE YOU NOTICE THAT
2. The person must maintain his mortgage brokerage business activities separate and apart
from his real estate brokerage activities.
3. You are not allowed to participate in FHA loans and be a licensed real estate broker.
The buyer is not required to disclose the relationship to the seller. However, most broker
consider such a disclosure an aspect of professionalism indicating good faith. Any broker
working with Coldwell Banker Danforth & Associates, Inc, who is also acting as a loan
officer shall comply with the requirements as outlined above. In order to act as a loan
officer, CBDA broker must sign an Addendum to their Independent Contractor
Agreement. Sales Associate shall turn into the Transaction Center with the P&S, a copy
of the buyer signed receipt of the above written disclosure statement on any transaction
where they are serving as Real Estate Salesperson and Loan Officer.
PERSONAL WEBSITES: NWMLS allows the broker to choose the IDX download provider
of their choice. We have 4 web providers set up for your convenience, with varying costs and
support/tools. Feel free to contact any of the list below or to use any other provider.
Graphical Data
866-850-4674 [email protected]
Logical Dog
360-929-1049 [email protected] Go to CBWorks for info
Agent must supply the office with the URL for personal websites. E-mail this information with
your photograph to [email protected]
ADVERTISING: As of July 1, 2010, you may advertise a title, group, team, or brand name
without getting an assumed name license if the advertisement always displays the real estate
firm’s licensed or assumed name in a clear and conspicuous manner.
The advertising must use color, contrast, size, or audibility to ensure the firm’s name is
readily noticeable and understood.
The recipient of any advertising must be able to clearly distinguish the licensed firm
name from the name of the unlicensed group, team, or brand advertised.
Advertising for an unlicensed title, group, team or brand name can’t include wording
o Suggests a legal entity separate from the real estate firm, such as “Inc.,’ “LLC,”
or “Corp.”
o Is commonly understood to reference an entire firm or office, such as “realty,”
“realtors,” “firm,” or “real estate.”
All affiliated licensees who want to use an unlicensed title or brand must get advance
written approval from their real estate firm’s designated broker. This written permission
should be available to our auditors and investigators upon request.
All advertising and promotional materials must include the Firm’s Name as licensed, Coldwell
Banker Danforth. The Firm name must be used in a clean and conspicuous manner. “Clear and
conspicuous” means the Firm’s name is of such a color, contrast, size, or audibility, and presented
in a manner so as to be readily noticed and understood. There is no exception to this requirement
and includes, but is not limited to: internet-based advertising, web pages, e-mail advertising,
newspaper ads, magazine ads, radio and television advertising and any other visual or auditory
No advertising or promotional materials shall contain any statements or representations that are
false or deceptive in any manner. All advertising shall comply with all laws, MLS rules and the
Realtor Code of Ethics. All advertising and promotional materials must be approved by the
branch manager or designated broker prior to publication.
ADVERTISING OR MARKETING FEES: If you collect an advance fee for advertising, or
any other purpose, the listing contract should state the purpose of the fee; indicate if the fee is part
of the commission upon closing, and state if any unused funds are refundable if there isn’t a sale.
The funds must be turned in to your designated broker or their delegated managing broker to be
deposited in the firm’s trust account, and held in trust for the purpose indicated in the brokerage
service contract.
ASSUMED NAMES: Designated broker must submit a name reservation request to DOL so
they can determine if the name you want is available. If DOL approves the requested name, the
designated broker will send DOL an assumed name application and fee payment. When received,
DOL will send the firm a license with the new assumed name. This license expires on the same
date as the license for your firm.
YARD SIGNS: Yard Signs are considered a form of advertising. The complete specifications
can be found on CB Works. In the search bar type “Identity Standards”. To assist you in the
order process, the following vendors have our corporate requirements:
1. SignPros @
2. Signs By Tomorrow @
3. Realty Solutions @
If you elect to use any other vendor, prior to printing the proof must be submitted for approval to
WEBSITES: Any Website is considered online advertising. This means that the content is
subject to many regulations, and should be carefully considered before being made public.
You are solely responsible for the information and other content that you make available
anywhere on the Web. Craig’s List and other sites not associated with NWMLS or Coldwell
Banker may be used for advertising provided that the seller has given written permission to post
on these sites. Make sure you comply with the following:
1) Your site must use Coldwell Banker Marks and slogans correctly and consistently at all
2) Make sure you have permission to reproduce and display content, as well as artwork and
graphics, in accordance with applicable Trademark, copyright patent and other laws
3) Follow all regulations governing the accuracy and presentation of advertising and the
promotion of your business on the Web
Mandatory Disclaimers: Office, company, team and individual Websites must contain
disclaimers on every page. Disclaimers can be placed in the footer so that it appears at the
bottom of every page. Make sure the following is included on each page.
Affiliate Disclaimer: ©2009 Coldwell Banker Real Estate LLC,
Coldwell Banker is a registered trademark licensed to Coldwell Banker Real Estate LLC.
1) Equal Housing Opportunity . Equal Housing Opportunity.
2) Each Office Is Independently Owned And Operated.
When using a logo for advertising, you must use our Company Logo Specifications
Make sure that you are using the correct Coldwell Banker® brand identity. These are the basic
components that make up this identity:
The Coldwell Banker Mark
Affiliate DBA
Minimum Required Disclaimer
** The Coldwell Banker® Identity Standards manual can be found at
Coldwell Banker Danforth & Associates, Inc Logo and Each Office Independently Owned Logo
is available on DOCSS in the file entitled Forms
Equal Housing Opportunity Slogan, Logo and Statement Specifications
All advertising for the sale, rental or financing of residential real estate should contain the
equal housing slogan, logo or statement. These indicate to the public that the property is
available to everyone regardless of race, color, religion, sex, familial status, handicap or
national origin.
"Equal Housing Opportunity" The slogan is used in ads under four column inches. The slogan may
never be abbreviated to "EHO." Ads under four column inches are not required to use the slogan if
they are grouped with other ads under a Publisher's Notice.
1) The logo consists of the symbol and the slogan. The symbol may not be used alone.
2) The logo is used in ads of four column inches or more. The logo should be clearly visible and
legible. When other logos are used in display ads, the federal regulations suggest that the equal
housing opportunity logo be of a size at least equal to the largest of the other logos.
3) The federal regulations suggest the following guidelines for including the logo in ads of four
column inches or more:
Size of Ad
Size of Logo
1/2 page or larger
2 inches by 2 inches
1/8 page to 1/2 page
1 inch by 1 inch
4 column inches to 1/8 page 1/2 inch by 1/2 inch
The above Federal Law also applies to web sites. Please make sure that you abide by this law.
LEGAL: You must notify Management immediately when you think that one of your
transactions may have a legal dispute. Your E & O coverage may not apply if you do not
record the complaint at the onset. Do not try to fix the problem prior to discussing the issue with
E & O INSURANCE LEGAL FEES: Should there be a legal dispute on one of your
transactions, you will be required to deposit the $5000 deductible upon request from the E & O
Insurance legal firm.
If the following 4 items are included in the transaction then the $5000 deductible will be waived.
● Statewide (NWMLS) forms are used to generate the contract
● Seller completes a Form 17 and delivers to the buyer. Buyer signed acknowledgement.
● Inspection of the property is performed
● One year Home Warranty is provided to the buyer at closing
If one of the principals in the transaction is a Danforth Sales Associate; then NO WAIVER of the
deductible is possible.
HOME WARRANTY PROGRAMS: Coldwell Banker Danforth highly encourages the use of
Home Warranty Programs on all properties.
The policy of this office regarding the home warranty insurance program is as follows:
1. You must offer this program regardless of who pays for it.
2. If your client does not want the warranty, then the Buyer/Seller must check the box on
our General Addendum in the Purchase & Sales Agreement that states that they are not
3. It is the Sales Associate’s business decision on whether they want to pay for this service
for their clients. You must be consistent should you decide to buy this for your clients.
(Example, if you buy for one, you must do it for all or be able to justify it should you
have a complaint). If you are purchasing a warranty, please note it on the Listing or Sales
Transaction Guide.
QUESTIONS FOR MANAGEMENT: We want your questions!!! Always call your branch
manager or the corporate office with any questions regarding any facet of your real estate
business. You can also email your questions to [email protected] your
questions will be sent to all available staff. Because these emails will go to all of our brokers
when sent, you will get the quickest response possible by using this method.
AGENCY DISCLOSURE PAMPHLET: At initial contact, brokers shall provide all
clients/customers a copy of “The Law on Real Estate” pamphlet and obtain a receipt thereof at the
earliest opportunity. Agency disclosure should always be made at the time of initial clientlicensee contact. Written agency disclosure shall be obtained with every written agreement
executed between a buyer and a seller or seller’s broker. Agent should either keep an email
receipt or get written confirmation that delivery took place. You must keep this in your file.
LISTING COMMISSIONS: There will be no limited service listings allowed at our office. We
are a full service brokerage and will treat all clients to excellent service.
1. All Selling Office Commissions (SOC) will be offered at market commission rate.
2. 6% is considered a market commission, although we allow our brokers to negotiate the
listing side of the commission as needed.
3. No listing shall be taken at zero% commission to Listing Office. Minimum fees
associated with this type of transaction are $75.00 for E&O Coverage, $195.00
Processing Fee, plus 6% franchise fee (based on the market rate commission listed as
SOC on the contract) and the State B&O Tax.
COMMISSION REDUCTIONS: It is CBDA’s policy that you will always offer a full
market SOC on every listing. If you choose to reduce your listing or buyer’s side
commission you must do so in writing within either the listing agreement or buyer’s
agreement. If you do not handle your commission reductions through these agreements,
you will be charged the 6% royalty fee by CB corporate as they choose not to participate in
your client gifts that are non-contractual.
SUBMISSION OF DOCUMENTS: Brokers and managing brokers are responsible for
maintaining all brokerage services documents and agreements and transaction files until they are
surrendered to the Transaction Center. Documents shall not be considered surrendered to the
Transaction Center until the documents are logged into DOCSS.
Transaction files include: all agreements, receipts, contracts, documents, leases, closing
statements and correspondence for each real estate transaction and for each rental, lease, or
contract. Correspondence that must be printed and included in a transaction file includes any
correspondence that is material to the transaction. If broker or managing broker is not sure as to
whether correspondence is material to the transaction, broker or managing broker shall print and
retain the correspondence.
Brokers and managing brokers shall submit all documents to the Transaction Center within two
business days of mutual acceptance. Documents that must be submitted include, at a minimum,
listing agreements, buyer agency agreements, purchase agreements, lease agreements, all
addenda, options and notices (within two days of client’s signature or receipt from other party).
LISTINGS & PURCHASE & SALES AGREEMENT: It is the policy of this office that the
Listing Agreement and Purchase & Sales Agreement must be submitted to the Transaction Center
within two (2) business days after signatures are received on listing Agreements and mutual
acceptance on Purchase & Sales Agreements. On Purchase & Sales Agreements mutual
acceptance is defined as when buyer and seller have signed the initial contract. It is not upon
removal of contingencies. This policy also applies to short sale transactions. Do not hold your
transaction until the bank has approved it. You already have mutual acceptance when the seller
and buyer signed the offer. Our office is required to have all signed documents available to
Washington State Auditors upon request.
There will be a fine of $10 per day charged on the Listing Agreements and Purchase & Sales
Agreement that are not received by the office as stated above.
Each listing and buyer controlled sale will be assigned a file number, reviewed and uploaded to
DOCSS within 5 business days of receipt. The Transaction Center will e-mail the Transaction
Coversheet, the Transaction # and Review Notes to the broker. Review Notes will also be
available for the broker to see within each individual file in a divider entitled “Master Sheets” on
our DOCSS website
Changes on listings are the responsibility of each Sales Associate. Make the change in the
computer or fax the request to NWMLS for input. Send a copy to the Transaction Center within
24 hours after receiving final signatures.
Examples of changes that you must do are:
• Price
• Pending or STI/Contingent
• Terms
• Expiration date
• Sold
• Cancelation of listings must be sent into the office for input into the NWMLS
Prior to making changes in the computer the Seller must sign all status changes (Form 19).
Sales Associate is to make a copy of the updated MLS printout and turn into the
Transaction Center with Sellers signed Status form. It is imperative that you do this on all
changes. Failure to do so may drop your listing off of
It is the Sales Associates responsibility to make sure their listings are current and are accurate on
all websites including
LISTING FILE INFORMATION: Each broker shall input their listings into NWMLS,
upload a minimum of 6 photos (minimum required for listing the property on, and attach the required documents to the listing.
All paperwork must be turned into the transaction center by the sales associate within 2 business
days of seller signature on the listing agreement. Paperwork can either be faxed or scanned and
emailed. The completed Listing Transaction Guide (located in DOCSS) must accompany the
initial paperwork.
Fax numbers for the Transaction Center are:
253-838-0310 (Traditional Fax) or
Email: [email protected] or [email protected]
ASSOCIATE WILL: Complete the Transaction Guide Form located on NWMLS Express Forms
under company specific forms
1. Turn the complete listing packet into the Transaction Center within 2 business days of
final signatures.
2. Order a sign for the property.
3. Review all websites for accuracy including NWMLS and
PROCESSING A SALE – Listing Sold or Buyer Controlled Sale (Purchase Agreement
Written): Submit the following to the Transaction Center within 2 business days after mutual
acceptance, unless you are depositing into our trust account. If so, then the check and
P&S needs to be submitted by 3 pm the next banking day (or 11:00 AM at Burien location)
after mutual acceptance, unless extended deposit agreement is signed by all parties. The
CB300 addendum has such a provision for your use.
1. Complete the Sales Transaction Guide Form located on NWMLS Express Forms under
company specific forms and attach the following:
‰ Purchase and Sale Agreement--LEGIBLE COPIES
‰ All addenda and counteroffers
‰ Earnest Money check or promissory note ** See Coldwell Banker Danforth &
Associates, Inc. policy under “Earnest Money Deposit Requirements”
‰ Copy of the listing printout
‰ Copy of the Receipt for Deposit of Earnest Money (Required on all files
regardless of where deposited)
2. Place a sold sign on the property.
3. Sales Associate is responsible for forwarding Purchase & Sales Agreement and any
additional documents to cooperating broker
4. Review Commission Disbursement (CD) sent to escrow before closing to avoid any
discrepancies. The CD can be found on DOCSS in each individual file. Contact the
Transaction Center via email with any corrections. Allow time prior to closing for
5. Commission check will be held until all related paperwork, addenda have been submitted
to Manager.
BROKER FOLLOW-UP: Each broker is expected to have at least one weekly contact with
each of their Buyers & Sellers. Consistent and thorough follow-up is the surest way to avoid
problems and complaints. Sellers expect us to market their property and they need to be informed
on everything that you are doing. Listings are lost because Sellers no longer believe we are
genuinely concerned about their needs and believe that we have lost interest in marketing their
property. Buyers expect to know what the process is and to be up to date on the progress of their
purchase at all times.
ACCESS TO OUR DOCSS SYSTEM: Before trying to access our DOCSS system for the 1st
time, you need to review the “DOCSS User Manual” in detail. It uses a specific program for
viewing the files and if you do not set up your computer per these instructions, you will not be
able to use DOCSS. The “User Manual” can be found on CBWorks, under the learn tab.
COMMISSION CHECKS: All commissions are processed at the corporate office in Federal
Way. Commission checks delivered to any other location will result in a delay in payment to the
broker. The Transaction Center sends out a CD on all files with the correct address for delivery
of the check.
PAYDAY PROCESS: Commission checks are deposited at the end of the day on which they are
received. The next day an email is sent to the broker to notify them that the check will be
processed by bookkeeping. If all paperwork is in the office file, then payday will be after 3PM.
Bookkeeping will notify agent when check is available for pickup in Federal Way. Brokers using
the direct deposit program will be notified by email that the process has been completed. Brokers
missing paperwork will receive their commission upon providing the missing documents.
PURCHASING OR SELLING YOUR OWN PROPERTY: If you are purchasing property
for your personal account or selling your own property, Washington State Law states that you
must submit a copy to the office for review whether you submit the listing to the NWMLS or
not and state within the contract: Seller or Buyer understands that (Insert Name) is a licensed
Real Estate Salesperson and is acting as a Principal in this Agreement for his/her own account
Broker as Seller: Indicate on listing agreement that the commission is Zero to the listing office
and 2.5 or 3%, etc. to the selling office. The Transaction Center will calculate your costs and
submit the CD to escrow. Minimum fees associated with this type of transaction are $100.00 for
E&O Coverage, $195.00 Processing Fee, Home Warranty Coverage (depends on the Vendor’s
charge) State B & O tax plus 6% franchise fee (based on the market rate commission listed as
SOC on the contract)
Broker as Buyer: You can use your portion of the commission to reduce the purchase price, pay
closing costs, or take as a normal commission income. If you use Commission to reduce the
purchase price, than include into the P&S “No Commission to be paid to Coldwell Banker
Danforth”. The Transaction Center will create a CD to send to escrow indicating that there is no
commission due from the seller but to collect the fees from the buyer due at closing. Minimum
fees associated with this type of transaction are $100.00 for E&O Coverage, $195.00 Processing
Fee, Home Warranty Coverage (depends on the Vendor’s charge), State B & O plus 6% franchise
fee (based on the market rate commission listed as SOC on the contract)
E & O for SELLING & BUYING PERSONAL PROPERTY: The following 4 items must be
part of any purchase agreement that involves a property that you have 10% or more ownership.
1. A seller disclosure form was signed by the seller and acknowledged by the buyer prior to
2. A home warranty policy was purchased prior to closing
3. A home inspection was completed and a copy was provided to the buyer prior to closing.
4. NWMLS approved standard sales contract was utilized.
BROKER RECRUITING: You will be compensated $25 per broker that you have referred to
our office and the referred broker has stated you as the Sales Associate who referred them to our
office. You will only be given this reduction on months that the referred broker is on our 100%
home office program and are current on their bill.
WAC 308-124E-100
All brokers and managing brokers will physically deliver all funds, moneys, negotiable
instruments or items of value to the appropriate managing broker, branch manager or their
designated broker within the shorter of the following:
(1) Two business days of the client's/customer's signature (business days are not Saturday,
Sunday or other legal holidays as defined in RCW 1.16.050); or
(2) Sooner if the terms of the client/customer contract necessitate quicker delivery than two
business days.
Earnest Money Policy: Broker will collect earnest money check or promissory note from
Buyer(s) at the time of writing Purchase & Sales Agreement. Earnest Money check must be dated
the same date as Purchase & Sales Agreement.
Transactions using CBDA trust account: Broker will deliver to Managing Broker the P&S and
Earnest Money check by 3 PM the next banking day (or 11:00 AM at Burien office) after mutual
acceptance of the contract.
Transactions using outside Escrow trust account: Broker will deliver to escrow the P&S and
Earnest money check by the next banking day after mutual acceptance of the contract (or
whatever date is agreed to in the PSA). Broker will get a dated receipt from escrow and deliver it
with a copy of the check, transaction guide and P&S to the Transaction Center within 2 days of
mutual acceptance.
If P&S states that the check is to be held for a specified length of time, Broker must add a
statement for a “no later date” to the contract. Broker will deliver check to Managing Broker.
Managing Broker will hold check until Sales Associate notifies Managing Broker that conditions
have been met or the “no later date” has arrived. On all Purchase & Sales Agreement written by
Coldwell Banker Danforth & Associates, Inc., broker is required to use CBDA Form #306–
Earnest Money Receipt & CBDA Form #305 –Earnest Money Deposit Addendum. A Receipt for
Deposit of Earnest Money is required on all transactions.
Sales Associate that delivers Earnest Money checks in violation of Washington RCW laws will
result in a penalty of $50 for each business day that it is late. If Purchase & Sales Agreement
fails to close the $50 per day penalty will be due upon rescission of contract.
HOME INSPECTOR REFERRAL POLICY: On January 31, 2009, a new rule related to
home inspector referrals became effective, as set out in WAC 308-124C-050, which requires that
each licensed designated broker will establish a written office policy that includes a procedure for
referring home inspectors to buyers or sellers.
Coldwell Banker Danforth & Associates, Inc has adopted the following policy:
1. The party requesting the referral shall be solely responsible for interviewing and selecting the
home inspector, and shall be advised to independently review the qualifications and experience of
the inspector. A buyer or seller shall never be required to use an inspector referred by the
2. Coldwell Banker Danforth & Associates, Inc does not endorse any inspectors, and expressly
disclaims any responsibility for the work of the inspector, and does not warrant or guarantee their
findings, or lack thereof.
3. Whenever a licensee refers a home inspector to a buyer or seller, at least three (3) names
should be provided to the party requesting the referral. Any referred inspector must be compliant
with all licensing laws. Nothing in Broker’s referral of home inspectors shall indicate a
preference for one inspector over the others.
4. Any time a referral to a home inspector is made, the Home Inspector Referral Disclosure form
(NWMLS Form 41) must be completed, and a copy provided to the requesting party and the
office file within 2 business days of clients signature. Any previous use of the inspector, as well
as any independent business or personal relationship with the inspector, shall be disclosed on this
form. Coldwell Banker Danforth & Associates, Inc strongly discourages any licensee referral to
an inspector with whom the licensee has a familial or business relationship.
5. No licensee may receive any compensation from any inspector, directly or indirectly, based
upon a referral.
Should the licensee have any questions or uncertainty, they should consult their broker prior to
the referral.
SUPERVISION OF BROKERS: Any person who supervises or exercises right of control over
brokers (including licensed assistants) in the performance of real estate brokerage services must
be licensed as a managing broker. Any person not licensed as a managing broker shall not
supervise or exercise right of control over any broker (including licensed assistants) in the
performance of real estate brokerage services. Brokers may supervise or exercise right of control
over other brokers (including licensed assistants), if the other broker is not providing real estate
brokerage services.
“Real estate brokerage services” means ANY OF THE FOLLOWING SERVICES offered or
rendered directly or indirectly to another, or on behalf of another for compensation or the promise
or expectation of compensation, or by a licensee on the licensee’s own behalf:
1. Listing, selling, purchasing, exchanging, optioning, leasing, renting of real estate, or any real
property interest therein; or any interest in a cooperative;
2. Negotiating or offering to negotiate, either directly or indirectly, the purchase, sale, exchange,
lease, or rental of real estate, or any real property interest therein; or any interest in a cooperative;
3. Listing, selling, purchasing, exchanging, optioning, leasing, renting, or negotiating the
purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the
purchase, sale, lease, exchange, or rental of the land upon which the manufactured or mobile
home is or will be located;
4. Advertising or holding oneself out to the public by any solicitation or representation that one is
engaged in real estate brokerage services;
5. Advising, counseling, or consulting buyers, sellers, landlords, or tenants in connection with a
real estate transaction;
6. Issuing a broker’s price opinion, meaning an oral or written report of property value;
7. Collecting, holding, or disbursing funds in connection with the negotiating, listing, selling,
purchasing, exchanging, optioning, leasing or renting of real estate or any real property interest;
8. Performing property management services, which includes with no limitation: marketing,
leasing, renting, the physical, administrative, or financial maintenance of real property, or the
supervision of such actions.
The performance of “real estate brokerage services” DOES NOT INCLUDE:
1. Being a greeter, distributing pre-printed promotional materials and providing security at open
houses, without answering questions or interpreting information concerning the property, price or
2. Acting as a courier for documents, keys or other similar services as long as there is not
discussion or interpretation of the documents
3. Performing clerical duties, answering the telephone, forwarding calls and scheduling
appointments for brokers
4. Submitting forms and changes to the MLS, obtaining status reports on loan progress and credit
5. Following up on loan commitments after the contract has been negotiated, pickup up and
delivery of loan documents.
6. Obtaining public information from sources like government offices, utility companies, title
companies, etc
7. Writing and placing advertising.
8. Making keys, installing lock boxes, placing or removing signs on the property, but not
showing the property
9. Gathering information for CMA
10. Transporting clients to properties and/or around areas of interest but not showing or
answering questions about the property
11. Performing account and collection functions such as collecting rent, recording and depositing
earnest monies, security deposits, rental funds and or computing commission checks
12. Ordering or performing items of repair and/or maintenance
13. Providing information pertaining to the characteristics of real estate and the terms or the
conditions of a transaction only if that information is prepared in writing and approved in advance
by the broker.
states that it is unlawful for any person, in connection with obtaining a residential mortgage loan
to directly or indirectly: (1) defraud or materially mislead any lender or borrower; (2) knowingly
make any misstatement, misrepresentation, or omission during the mortgage lending process
knowing that it may be relied upon by a mortgage lender or borrower; or (3) use or facilitate the
use of any misstatement, misrepresentation, or omission during the mortgage lending process
with the intent that it be relied upon by a mortgage lender or borrower.
Section 10 of House Bill 2770 provides that any person who knowingly violates section 9 or who
knowingly aids and abets in the violation of section 9 is guilty of a class B felony.
Coldwell Banker Danforth & Associates, Inc policy is to disclose all information regarding the
property or borrower to the lender. This means that any realtor concessions for the buyer must be
in the Purchase and Sale Agreement. Lenders must also receive copies of NWMLS Form 35R
and any other related (work order) addendums. This includes the list of repairs that the seller has
elected not to complete but in lieu of the repairs will give a credit or reduced sales price.
SEXUAL HARASSMENT POLICY: Sexual harassment of any kind is inappropriate,
offensive and illegal and will not be tolerated. Sexual harassment is a form of
discriminatory behavior. No employee, client or other broker shall be subject to unwelcome
verbal or physical advances or any other on-the-job conduct that could be interpreted as
Legal Definition: Sexual harassment is a form of sex discrimination and is an “unlawful
employment practice” under Title VII of the 1964 Civil Rights Act. Unwelcome sexual
advances, request for sexual favors and other verbal or physical conduct constitute sexual
harassment when:
• They are part of a manager’s decision to hire or fire
• They are used to make other employment decisions such as pay, promotion
or job assignment.
• They interfere with the licensee’s or employees work performance.
• They create an intimidating, hostile, or offensive work environment.
Behavior That Can Constitute Sexual Harassment: Sexual harassment is defined as deliberate
or repeated behavior of a sexual nature that is unwelcome. It can include verbal behavior such as
unwanted sexual comments, suggestions, jokes, or pressure for sexual favors; nonverbal behavior
such as suggestive looks or leering; and physical behavior such as pats or squeezes, or repeatedly
brushing against someone’s body.
Procedure: The Designated Broker is responsible for managing all complaints of sexual
harassment and for insuring that all complaints are investigated fully and fairly, regardless of the
manner in which they are made or the individuals involved.
Should an instance of inappropriate behavior occur, it is the licensee or employee’s responsibility
to bring it to the attention of management. This includes licensees and employees who think they
are the recipients of sexual harassment and also those who believe that they have witnessed
another licensee or employee’s harassment.
If a licensee or employee believes her or she is being sexually harassed, action should be taken
immediately by:
• Identifying the offensive behavior to the harasser and requesting it stop.
• Discussing the issue with the Manager Licensees involved in the accusation,
complaints should be taken directly to the Designated Broker.
REALTORS CODE OF ETHICS: All sales associates must know and abide by the Realtor’s
Code of Ethics.
FAIR HOUSING ACT: Each Sales Associate should at all times know and abide by the Fair
Housing Act. The Fair Housing Act prohibits discrimination in housing because of:
Race or color
National origin
Familial status (including children under the age of 18 living with parents or
legal custodians; pregnant women and people securing custody of children under
CB Danforth in the Community: We encourage you to contribute in tandem with our office to
this fund. You have the voluntary option to give $5.00 per transaction or per month to this fund.
Our office matches all agent gifts. Contact management if you want to hear more about this
program or to find out where we have donated in past years.
SOCIAL MEDIA: Social Media as used in this policy shall apply to both activities at the
broker’s web sites (e.g., blogging) and use of third party social media tools (e.g., Facebook,
Twitter, LinkedIn, etc.). Because there already exist hundreds of different Social Media tools
which may be utilized by brokers and more are constantly being created, the provisions of this
policy are to be interpreted generally to apply to the types of interaction the broker has with the
social media service rather than to specific web sites and providers. Notwithstanding anything in
this policy, it remains the responsibility of the broker to comply with the requirements of local,
state and federal law and the Code of Ethics of the National Association of REALTORS®.
There are hundreds of providers of social media services in which real estate brokers may
participate. The purpose of this policy is to provide guidelines intended to provide both brokers
and the brokerage with legal liability risk management and to protect the brokerage’s reputation
and good will in the community. Like with blogging, the scope of this policy is intended to relate
to use of social media in connection with the real estate business, but regardless of the social
media service being used, when related to the real estate business the Broker should observe these
Brokers are required to read and be familiar with the policies and requirements of any site on
which they participate and to comply with the requirements of that site. In particular, Brokers
should know the privacy practices and policies of the sites.
Brokers should remain aware that items posted on social media sites may be forwarded or used
for purposes other than originally intended. Brokers should be aware of this when making
decisions as to what to include on their social media sites.
Be thoughtful about how you present yourself in online social networks. The lines between
public and private, personal and professional are blurred in online social networks. By virtue of
identifying yourself as a Coldwell Banker Danforth Broker within a social network, you are now
connected to your colleagues, managers and even other Coldwell Banker’s clients. If you have
joined Coldwell Banker Danforth recently, be sure to update your social profiles to reflect
Coldwell Banker guidelines.
The scope of this policy shall extend to all uses of social media in connection with the real estate
business (use in connection with the real estate business would include any use in which the
broker seeks to promote or capture real estate business from consumers or other brokers).
Whenever identification is required by this policy it shall include the following:
a. Name/Logo of brokerage
b. Name of broker
c. Phone/Fax/E-mail of the brokerage office
d. State of licensure
e. Brokers affiliated with a team may also include the name of that team
f. Phone/Fax/E-mail of broker or team responsible for the web site
g. Any other requirements mandated by state law/regulation
Any social media profile is considered online advertising. This means that your content is subject
to many regulations, and should be carefully considered before being made public.
You are solely responsible for the information and other content that you make available
anywhere on the Web. This includes all your social media profiles and your own business
Web Sites.
Make sure you comply with the following:
‐ Your social media profiles must use Coldwell Banker Marks and slogans correctly and
consistently at all times
‐ Make sure you have permission to reproduce and display content, as well as artwork and
graphics, in accordance with applicable Trademark, copyright, patent and other laws
‐ Follow all regulations governing the accuracy and presentation of advertising and the
promotion of your business on the Web
Coldwell Banker Danforth reserves the right to disapprove and deny access to any Broker whose
profile on social media sites contains content which violates the Coldwell Banker identity
standards, Trademarks or service marks, or otherwise threatens to damage CBDA’s reputation.
1. Coldwell Banker Danforth Brokers are personally responsible for the content they
publish on blogs, wikis or any other form of user-generated media. Be mindful that what
you publish will be public for a long time—protect your privacy.
2. Respect copyright, fair use and financial disclosure laws.
3. Don't provide Coldwell Banker Danforth’s or another's confidential or other proprietary
information. Ask permission to publish or report on conversations that are meant to be
private or internal to Coldwell Banker Danforth.
4. Don't cite or reference clients, partners or suppliers without their approval. When you do
make a reference, where possible link back to the source.
5. Respect your audience. Don't use ethnic slurs, personal insults, obscenity, or engage in
any conduct that would not be acceptable in a typical workplace. You should also show
proper consideration for others' privacy and for topics that may be considered
objectionable or inflammatory—such as politics and religion.
6. Try to add value. Provide worthwhile information and perspective. The Coldwell Banker
brand is best represented by its people and what you publish may reflect on Coldwell
Banker Danforth.
7. Broker is responsible for assuring that the content and operation of all forms of social
media conforms to the standards established in the Code of Ethics of the National
Association of REALTORS®.
Use a disclaimer. Whether you publish to a blog or some other form of social media, make it
clear that what you say there is representative of your views and opinions and not necessarily the
views and opinions of Coldwell Banker. At a minimum in your own blog, you should include the
following standard disclaimer: "The postings on this site are my own and don't necessarily
represent Coldwell Banker Danforth’s positions, strategies or opinions."
For Coldwell Banker Danforth’s protection as well as your own, it is critical that you show proper
respect for the laws governing copyright and fair use of copyrighted material owned by others,
including Coldwell Banker’s own copyrights and brands. You should never quote more than short
excerpts of someone else's work. And it is good general blogging practice to link to others' work.
Protecting confidential and proprietary information. Social computing blurs many of the
traditional boundaries between internal and external communications. Be thoughtful about what
you publish—particularly on external platforms. You must make sure you do not disclose or use
Coldwell Banker confidential or proprietary information or that of any other person or company
in any online social computing platform. For example, ask permission before posting someone's
picture in a social network or publishing in a blog a conversation that was meant to be private.
Protect Coldwell Banker Danforth’s clients, business partners and vendors. Clients, partners
or suppliers should not be cited or obviously referenced without their approval. Externally, never
identify a client, partner or supplier by name without permission and never discuss confidential
details of a client engagement.
Don't pick fights. When you see misrepresentations made about Coldwell Banker Danforth by
media, analysts or by other bloggers, bring it to the attention of the Firm’s Management team so
that they can assess how it should be handled. Also, if you speak about a competitor, you must
make sure that what you say is factual and that it does not disparage the competitor. Avoid
unnecessary or unproductive arguments. Don't try to settle scores or goad competitors or others
into inflammatory debates. Here and in other areas of public discussion, make sure that what you
are saying is factually correct.
Be the first to respond to your own mistakes. If you make an error, be up front about your
mistake and correct it quickly. In a blog, if you choose to modify an earlier post, make it clear
that you have done so.
General Terms of Use Agreements for Blogs: You must have Terms of Use for each blog.
Below are suggested Terms of Use:
a. CBDA broker is responsible for establishing the process for governance of the blog by posting
terms of use for the blog.
b. The terms of use shall include:
i. Users shall abide by any legal requirements related to the use of the blog and the site’s terms of
use for the blog including specifically its privacy policy. Users shall be responsible for their
conduct on site
ii. Obtain clear authority from Users to utilize anything the User includes on the site
iii. Prohibit the unauthorized use of third party content or the posting of any unlawful or
objectionable materials
iv. Prohibit the use of the site to harass or stalk anyone
v. Prohibiting the posting of content which infringes on the rights of any third party
vi. Prohibit the posting of content which expresses a preference based upon an individual’s
membership in a protected class
vii. Provide a take-down policy in the event any such materials are posted to the site
viii. Disclaim responsibility for any third party sites linked to through the site
ix. Generally disclaim and limit any liability arising from the content of the site whether provided
by Broker or a User
x. Provide a privacy policy
Responsibility for Maintenance
a. All blogging must be monitored by broker for false / defamatory / demeaning / degrading
comments at least once per week.
b. Broker is responsible for removing or clarifying any comment if the broker knows that it is
false or misleading
Posting of Professional Contacts/Qualifications
1. Broker is responsible for assuring that any listing of qualifications, credentials or training
contained on the site is current, accurate and not misleading. Any changes to the foregoing shall
be promptly revised on the site.
2. Broker shall not falsely claim association with any person or group
Posting of text
1. All text shall be the Broker’s own and not plagiarized or copied from another party without that
party’s permission. This shall not prohibit the use of reasonable quotations from the writings of
others or writing for which the Broker has received permission to use or using writings consistent
with the practices of the site (e.g., retweeting). No content which infringes the rights of any third
party may be used.
2. Broker may write regarding the listings of other licensees within the brokerage
3. Broker may (with written permission) write regarding the listings of other brokerages
Posting of comments to social media pages owned by others
1. Any statement regarding the brokerage shall clearly disclose the Broker’s relationship to the
2. The Broker shall disclose his/her status as a real estate professional as a part of any real estate
related statement
3. Broker may not accept compensation for placing a comment on a site
Posting of photos and videos
1. Broker is responsible for assuring that that Broker is authorized to use any photo audio/video
posted to any site (to avoid copyright issues)
2. Broker shall secure permission to post for marketing purposes the image of another person on
all sites.
3. If an image has been materially altered in any way by Broker, the fact that the image is altered
shall be disclosed
The Federal Trade Commission (“FTC”) has recently issued its Mortgage Acts and
Practices - Advertising, or“MAP”, rule (“Rule”). The Rule imposes requirements on
those that provide information about mortgage credit products to consumers by
prohibiting misrepresentations during these communications and also imposing
recordkeeping requirements. The Rule will impact real estate professionals that provide
this information to consumers, such as giving a consumer a lender’s rate sheet. The Rule
took effect on August 19, 2011.
If you provide Lender Rate Sheets or an application or other documentation required for
the consumer to apply for Preapproval from a Lender; then this new law applies to you.
All written documents must be turned into the Transaction Center within 2 business days
of delivery to the consumer and must include the following required disclaimer:
Required Disclaimer
This communication is provided to you for informational purposes only and should
not be relied upon by you. Coldwell Banker Danforth is not a mortgage lender and
so you should contact [entity providing mortgage product(s) identified] directly to
learn more about its mortgage products and your eligibility for such products.
The disclaimer will need to be prominent, as the FTC notes in its comments that
disclaimers in small type placed at the bottom of a document will not protect against
misrepresentation claims. The disclaimer text should be separated from the other text in
the covered statement, as language buried within the text may not be effective to protect
against misrepresentation claims.
The Recordkeeping portion of the law requires these documents to be retained for 2 years
from the date that the communication was made to the consumer.
End of Policy and Procedure Manual
Sign and Return the Next Page
I acknowledge that I have received a copy of the Policy & Procedure Manual and agree to
abide by all items therein. I also acknowledge that the most current version of the CBDA’s
Policy and Procedure Manual is located both on DOCSS and CBWorks and agree to
periodically read this manual and be up to date with the company’s current Policy and
Accepted by:
_______________________________________ ____________________________
Sales Associate
Return this page to Management
Last Updated September 2011
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