Teams Resource White Paper
Coldwell Banker – SME Group on Teams
David Carner, Charlie Rufe, Gene Tucker & Rosalba Lewter
10-1-2013
I.
Coldwell Banker Team Definition (from Team Awards FAQs):
Distinguishing what constitutes a “team” versus an “individual” for awards purposes, can be
tricky. The following Q&A has been put into effect to help you determine whether your
Sales Associates/Representatives should be competing as teams or individuals.
1. What Constitutes a Team?
A team is two or more sales associates/representatives working together on
real estate transactions.
2. How is a Coldwell Banker Team defined?
Teams are groups of individuals who participate on real estate transactions in the
following ways:
(Please note that these scenarios are not all-inclusive, but representative of
the most common forms of teams.)
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Sales Associates/Representatives who market or advertise
themselves as a team with one or more agents
A licensed agent who gains the assistance of one or more
sales associates/representatives to perform “producing”
activities such as: prospecting, coordinating and
conducting open houses, showing listings, preparing
listing/selling or management agreements or any
activities requiring a real estate license
Top agent with multiple agents working for them who do
not receive any awards credit or recognition, thereby
acting as “silent” agents
Sales Associates/Representatives who have their own
employees and are competing for awards
Any sales associate/representative who contracts an
outside individual to perform activities requiring a real
estate license
Husband & wife, or family members working together
(only applies if all members are licensed and are
performing duties requiring a license)
3. How do I know if my licensed assistant should be considered a team member?
If your licensed agent engages in any “producing” activities that may lead to
a listing, sale offer or management contract on a real estate property.
4. How do I know if my licensed assistant engages in “producing” real estate
activities?
Producing activities are those for which a real estate license is legally required,
and which contribute to the production of the team. (Due to varying state
license laws, not all real estate activities that require a sales
associate/representative license are considered “producing”) Producing
activities include, but are not limited to the following:
a.
b.
c.
d.
e.
f.
Prospecting
Coordinating and conducting open houses
Showing listings
Preparing or negotiating a listing, sell or management contract
Assisting buyers with financial and/or legal services
Conducting property management, rental, lease,
consulting, referrals or appraisal services
5. What type of real estate activities are considered “non-producing”?
Activities such as putting up signs, record keeping, clerical paperwork,
preparing comparative market analysis (CMA), listing presentations and
advertisement/promotions, as well as opening listing property doors for
inspectors and other service individuals. Even if your state requires that an
agent be licensed to conduct these activities, under the Team Awards
Program they are considered “non-producing” real estate activities. If an
experienced agent has a licensed agent conducting these types of activities
only, they are not required to register themselves as a team.
6. Are
team
members
required
associate/representative IDs?
to
have
individual
sales
Yes, individual IDs are the basis for setting up a team in the reporting system.
Furthermore, should the team disband, for the purpose of receiving
individual awards credit (which gets reported as split credit among team
members), we encourage each member to have an individual CREST sales
associate/representative ID. This is also done to ensure that the office is
competing in the correct office size category.
7. Are sales associates/representatives who work primarily as a team, who
keep their production separate, required to declare themselves as a team?
Agents, who co-list on occasion, are not required to declare themselves as a
team. However, if they are working on most sales together, they are really
working towards one common goal and are considered a team, for awards
purposes.
8. If a seasoned agent acts in the capacity of a mentor, and allows a new agent
to receive payments for accompanying them on listing/buyer appointments
and/or open houses, are they a team?
As long as the experienced sales associate/representative is working in a
temporary arrangement simply to show the new agent “the ropes”, they are
not considered a team. If this arrangement continues for an extended period
of time and the new agent is assisting the seasoned agent on all or most
transactions, they are considered a team.
9. Are agents who act as temporary assistants, performing clerical duties or
filling in for an absent experienced agent considered a team?
As long as it is a temporary arrangement and the services performed are
limited, then they are not a team. However, if the arrangement is for an
extended period of time, i.e. several months, and they are working in a team
capacity, then they are considered a team.
10. Are experienced agents who act as temporary assistants to other
experienced agents, performing only clerical duties, considered a
team?
They are considered a team if the experienced agent is acting as a
temporary assistant, completing activities requiring a real estate license,
and he/she is doing so for most or all of the transactions for the other
agent.
11. If agents “team up” occasionally for other agents on listing or selling
transactions to ensure their clients’ services are maintained when they are
out of town, are they a team?
As long as the situation is temporary, they do not need to declare
themselves as a team.
12. If a team is comprised of agents whose production and commission
is under the name of the Team Leader, are they still considered a
team?
If the agents are performing duties requiring a real estate license, then they
are working in the capacity of a team. However, if the duties are
comprised of only clerical duties not requiring a real estate license, then
they are not a team.
13. How do you set up a team for recognition purposes?
Teams must be reported during the open enrollment period of March 1st September 30th, in either of two ways:
1. Through CREST EDG: https://crestedg.coldwellbanker.com
2. Submitted using the Team Enrollment form. The form is available
in the “Manage My Business” section of Coldwell Banker Works.
Below are several common scenarios among sales associates/representatives which will
assist you in determining if agents should participate as individuals or teams in the
awards program: (This list is NOT all-inclusive)
Scenario A:
Sales Associates/Representatives have their own licensed or Non-licensed Personal
Assistants working for them.
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As long as the personal assistants do not engage in activities that require a real
estate license and/or constitute a listing, sale or management contract of a
property, they are not required to declare themselves as a team.
Scenario B:
Licensed agents who use the assistance of their spouse, or other family member(s), to
perform administrative activities such as record keeping, ordering supplies, putting up
yard signs, etc.
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As long as the licensed spouse does not conduct any activities that require a real
estate license and/or constitute a listing, sale or management contract of any
property, they are not required to declare themselves as a team.
Scenario C:
A licensed agent who gains the assistance of one or more sales associates/representatives
to perform activities such as prospecting, coordinating and conducting open houses,
showing listings, preparing listing/selling or management agreements, etc.

These activities require a real estate license. Therefore, the agents must declare
themselves as a team.
Scenario D:
A top agent with multiple licensed agents working for them who do not receive any
awards credit or recognition, thereby acting as “silent” agents.

Sales Associates/Representatives who market themselves as an individual but
perform business in a team capacity must register and compete as a team.
Scenario E:
A sales associate/representative who enlists the services of a individual or marketing
company to assist with their advertising and promotional efforts.

As long as the activities performed do not require a real estate license, this is not
considered a team.
Questions should be submitted to the International Awards & Recognition
Department at:
cb.awards@coldwellbanker.com
II.
Example Team Policies:
Team Policy Example I:
What is an assistant? An assistant is a person who performs clerical functions.
NON-LICENSED ASSISTANTS:
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Assistant may perform administrative functions only.
Assistant may not list, show or sell.
Assistant may host open houses with seller's permission. However, the assistant may not give any
real estate information that would be in violation of the (State) Real Estate License Act.
Associate, assistant and management must sign a “Three Party Agreement” that outlines Company,
associate and assistant responsibilities.
Associate must be in compliance with all local, state and federal laws as it relates to hiring
assistants. Associate further agrees to indemnify Coldwell Banker (DBA)., and to pay all fees, fines,
penalties, etc., in the event any government agency determines the assistant is an employee of the
broker and that back taxes, penalties, fines, etc. are due.
Associate agrees to indemnify Coldwell Banker (DBA). for any and all actions of assistant, this
includes, but is not limited to: 1) any local, state or federal laws; 2) local, state or national association
of REALTORS®, Code of Ethics; 3) MLS, policies, procedures, rules and regulations; 4) Coldwell
Banker (DBA) policies, procedures, rules and regulations; etc.
Associate must recruit assistant from outside the company. Associate may not recruit, or hire any
Coldwell Banker (DBA) associate, staff or another associate's assistant without management and
other associate’s approval in advance.
Assistants without desk - no fee to Coldwell Banker (DBA), for the first associate if working at
associate's work area. A fee of $450 per month will be paid for additional assistants.
Assistants with workspace separate from associate’s area - $____ per month will be paid to Coldwell
Banker (DBA). Space must be made available for licensed associate at the request of management.
LICENSED ASSISTANTS:
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Assistant may perform administrative functions.
Assistant may host open houses.
Assistant must be licensed with Coldwell Banker (DBA) and associate or assistant must pay any
related association, MLS dues, etc.
Assistant or associate must pay the current Errors & Omissions insurance fee to Coldwell Banker
(DBA), Realtors.
Associate, assistant and management must sign a “Three Party Agreement” that outlines Company,
associate and assistant responsibilities.
Associate must be in compliance with all local, state and federal laws as it relates to hiring assistants.
Associate further agrees to indemnify Coldwell Banker (DBA)., and to pay all fees, fines, penalties,
etc., in the event any government agency determines the assistant is an employee of the broker and
that back taxes, penalties, fines, etc. are due.
Associate agrees to indemnify Coldwell Banker (DBA) for any and all actions of assistant. This
includes, but is not limited to: 1) any local, state or federal laws; 2) local, state or national association
of REALTORS, Code of Ethics; 3) MLS, policies, procedures, rules and regulations; 4) Coldwell
Banker (DBA) policies, procedures, rules and regulations; etc.
Associate must recruit assistant from outside the company. Associate may not recruit, or hire any
Coldwell Banker (DBA) associate, staff or another associate's assistant without management and
other associate approval in advance.
Assistants with workspace separate from associate’s area - $_____ per month will be paid to Coldwell
Banker (DBA). Space must be made available for licensed associate at the request of management.
Policy regarding “Agency Disclosure and Buyer Representation” must be strictly followed. See
“Agency Disclosure and Buyer Representation” section for information regarding agency and
intermediary relationships.
Note: To clarify the duties of a licensed assistant. Assistant will be prohibited from showing, negotiating
and presenting offers, listing, and/or making listing presentations. However, if associate is out of town or
ill, a licensed assistant could carry on almost all business as usual for a "limited" period of time provided
the licensed assistant has attended Coldwell Banker (DBA) training Program.
TEAM POLICY
What is a Team? A Team is anyone assisted by one or more people doing non-clerical real estate
functions. Non-clerical work includes making cold calls, showing property to buyers, performing
prospecting/marketing functions or performing any real estate sales function.
Team Examples:
 Two or more individuals licensed and working as sales people, who handle transactions together.
 A sales person with one or more assistants who make cold calls, show property to buyers, perform
prospecting/marketing functions or perform any real estate sales function.
 A sales person who receives commission credit for transactions they did not personally close.
AWARDS INFORMATION:
 Awards will be based upon the Coldwell Banker Residential awards criteria.
 Awards will be given in the name of the Team or Team Leader.
GENERAL INFORMATION:
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All production must go into one licensed associate's name - Team Leader or Team Name.
Errors & Omissions insurance fee will be paid to Coldwell Banker (DBA) for each Team member.
Coldwell Banker (DBA), Inc. bills will be paid by all team members within ten (10) days of receipt.
Commissions will be disbursed to Team members by Coldwell Banker (DBA) per the Commission
Disbursement Authorization (CDA) form at the closing of any sale.
Team members and management must sign Coldwell Banker Residential (DBA) Team Registration
form.
Team member must be in compliance with all local, state and federal laws as it relates to hiring Team
Members.
Team leader/members agree to indemnify Coldwell Banker (DBA), and to pay all fees, fines,
penalties, etc., in the event that any government agency determines that any team member is an
employee of the broker and that back taxes, penalties, fines, etc. are due.
Team members must recruit other Team members and assistants from outside the company. Team
Members may NOT recruit, or hire any Coldwell Banker (DBA) associate, staff or another associate's
assistant without approval in advance from management and the other associate.
Policy regarding “Agency Disclosure and Buyer Representation” must be strictly followed. See
“Agency Disclosure and Buyer Representation” section for information regarding agency and
intermediary relationships.
Team members must be licensed with Coldwell Banker (DBA).
Note: Associates sometimes use the term “Team” for a benefit in marketing. This policy is written for
the purpose of compensation and awards only. Associates may use the term “Team” when more than one
associate join together to share listings and sales when fees are split between them. Associates who team
together must each have their own compensation plan or must have a custom plan designed and approved
by management.
THREE PARTY AGREEMENT
AMONG BROKER, AGENT AND ASSISTANT
As it has become common in the industry for real estate salespersons to utilize Assistants in the
performance of their business, Coldwell Banker (DBA) has adopted certain policies respecting the use of
Assistants by its sales associates. Generally, Agents may request that Assistants perform services for them
at the premises provided by Broker so long as those services do not violate the laws, policies and rules set
forth below, and so long as there is adequate space for Assistant without causing overcrowding (see Team
and Assistant policy in Policy and Procedure Manual). The following constitutes an Agreement among
the referenced parties. Its purpose is to set forth the policies applicable to the use of assistants, and to
clarify the relationships among the parties. For the purpose of this Agreement, “Broker” shall mean
Coldwell Banker (DBA). “Agent” shall mean a licensed real estate agent or broker who has signed an
independent contractor agreement with Broker; and “Assistant” shall mean a person who has been
retained by an Agent to assist in the performance of the Agent’s business.
RELATIONSHIP BETWEEN BROKER AND AGENT
The relationship between the Broker and Agent is governed by the Independent Contractor Agreement
signed between the parties, as well as the (State) Real Estate License Act and the Code of Ethics of the
National Association of REALTORS®.
As the undersigned Agent has engaged the services of an Assistant, Agent makes the following additional
agreements with Broker:
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Agent assumes the sole responsibility for compensating his/her Associate in the manner agreed by
Agent and Associate.
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Agent assumes all liability for payment of any employment taxes, any required deductions from
Assistant’s pay, workers’ compensation insurance, if any, liability insurance, if any, unemployment
compensation, if any, benefits or any other costs, fees of monies connected with Agent’s employment
of, or association with Assistant. Agent further assumes sole responsibility for preparation and
issuance of all forms reflecting income paid to Assistant.
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Agent hereby assumes all responsibility for his/her Assistant’s compliance with the (State) Real
Estate License Act, the Code of Ethics of the National Association of REALTORS® and the rules
and regulations of the Houston Association of REALTORS® and/or any other Board or Association
of REALTORS® to which Agent may belong, the Multiple Listing Service, or any other similar
organization.
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Agent hereby assumes all responsibility for his/her Assistant’s compliance with general office
policies regarding the use of alcohol or drugs on the premises, the carrying of firearms on the
premises, engaging in inappropriate or offensive conduct or language, such as sexual harassment, the
use of Broker provided equipment or software, behavior having or tending to have an adverse impact
on the reputation or business of Broker and any other policy including sexual harassment of Broker
which is applicable to any person providing services on its premises.
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Agent hereby indemnifies and holds Broker harmless of and from any loss, cost or damage, including,
but not limited to fees, including attorneys’ fees, fines, penalties, taxes, interest, or damages arising
out of or connected with Assistant’s association with Agent, including, but not limited to, Assistant’s
failure to comply with the above-described rules and regulations, Assistant’s negligence, fraud deceit,
willful misconduct, termination, injury to or by Assistant, death or any claims by or against Assistant
arising under state or federal laws pertaining in any way to the employment relationship.
RELATIONSHIP BETWEEN AGENT AND ASSISTANT
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The compensation, duties and hours of employment of Assistant are determined at the sole discretion
of Agent. Assistant shall, however, comply with the (State) Real Estate License Act, the Code of
Ethics of the National Association of REALTORS® and the rules and regulations of the (local)
Association of REALTORS® and/or any other Board or Association of REALTORS® to which
Agent may belong, the Multiple Listing Service, or any other similar organization.
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Assistant shall also comply with general office policies of Broker regarding the use of alcohol or
drugs on the premises, the carrying of firearms on the premises, engaging in inappropriate or
offensive conduct or language, including sexual harassment, the use of Broker provided equipment or
software, behavior having or tending to have an adverse impact on the reputation or business of
Broker and any other policy of Broker which is applicable to any person providing services on its
premises.
RELATIONSHIP BETWEEN BROKER AND ASSISTANT
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By his/her signature below, Assistant agrees and acknowledges that he/she has no employment
relationship with Broker, that he/she is not an employee, consultant, temporary worker or independent
contractor of Broker, and that he/she is not entitled to any benefits which accrue to actual employees
of Broker.
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Assistant agrees to look solely to Agent for compensation, benefits, worker’s compensation, if any,
unemployment compensation, if any or any other monies connected with the services performed or to
be performed by Assistant, or the termination of those services.
IF ASSISTANT IS A REAL ESTATE LICENSEE
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In the event an Assistant is licensed by the State of (State) as a real estate salesman or broker, his/her
license shall either be inactive or held by Broker.
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No Assistant shall draft, negotiate or present offers or make listing presentations UNLESS Broker
holds his/her license and Assistant has attended in-house training. Notwithstanding the foregoing, a
licensed
Assistant shall not generally engage in real estate brokerage services. See Team and
Assistant policy in Policy and Procedure Manual.
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A licensed Assistant shall meet all requirements imposed by the State of (State) for the maintenance
of his/her license at his/her own expense or at the expense of the Agent by whom Assistant is
employed or with whom Assistant is associated.
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Broker shall not be responsible to Agent or Assistant to oversee, monitor or supervise the activities of
a licensed Assistant unless Broker holds that Assistant’s license and the Assistant is in compliance
with all rules and regulations regarding licensure.
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In the event an Agent wishes to pay his/her licensed Assistant a portion of a real estate commission
due Agent on a transaction, Agent shall make a written request to Broker for payment of Assistant
prior to Broker’s issuance of Agent’s commission check. No such request will be honored unless in
writing and unless Assistant’s license is current. Agent and Assistant
indemnify and hold Broker
harmless of and from any action taken by Broker pursuant to written instructions from Agent. Broker
will make no other direct payment to Assistant and will not issue a 1099 or other evidence of
payment of income to Assistant.
TERMINATION OF AGREEMENT
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This Agreement expires automatically upon any termination of the Broker-Agent relationship. If
Broker is holding Assistant’s license, it will be returned to the (State) Real Estate Commission, along
with that of the Agent with whom the Assistant is associated, in the event the Broker-Agent
relationship is terminated.
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Assistant’s continued violation of any of the rules and regulations of (State) Real Estate License Act,
the Code of Ethics of the National Association of REALTORS® and the rules and regulations of the
Houston Association of REALTORS® and/or any other Board or Association of REALTORS® to
which Agent may belong, the Multiple Listing Service, or any other similar organization, or any other
policy of Broker which is applicable to any person providing services on its premises, shall be cause
for termination “for cause” of the Independent Contractor Agreement between Broker and Agent.
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Each party acknowledges that he/she has carefully read this instrument, including all documents or
exhibits that it refers to; that this instrument expresses the entire Agreement between the parties
concerning the subjects it purports to cover; and that each party has executed this instrument freely
and of his/her own accord.
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If any provision of the Agreement is or may be held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall nevertheless survive and continue in full force
and effect without being impaired or invalidated in any way.
Team Policy Example II:
Sales Associate Teams
The Company recognizes that sales associates may desire to form a “team” as a strategy to increase
overall productivity and efficiency. A “team” is defined as two or more sales associates who enter into an
ongoing business relationship for the purpose of sharing responsibilities and commission income
associated with real estate transactions under a predetermined agreement between the parties. As with any
business decision, formation of such a relationship should be approached with due consideration of all
operational, practical and legal implications for the associates on the team, as well as the Company.
A. New Team Formation. Associates who desire to form a team must first complete the
Coldwell Banker Team Application form and submit it for review and approval to the
Regional Senior Vice President. The desired relationship must be justified on the basis of
increasing real estate brokerage activity and may not be entered for the primary purpose
of combining income to increase commission levels or to achieve a higher category for
awards and recognition purposes. Each team member must have a valid (State) real
estate license, be a member of the applicable Realtor Association(s) and Multiple Listing
Service(s), obtain any required occupational licenses, and sign the Company’s standard
Independent Contractor Agreement and Legal Assistance Program Appendix. Each team
member agrees that any and all activities within the course and scope of his/her
Independent Contractor Agreement with Company shall be considered on behalf of the
team. The members of the team shall not use a Team name that is in any way false,
misleading or deceptive, nor should it give the public the impression it is a separate real
estate brokerage firm.
B. Withdrawal from New Team. Any member of a New Team may withdraw from the
team by completing and submitting Company’s “Notice of Withdrawal From Team
Form” to the withdrawing member’s Branch Manager. The withdrawal shall not be
effective until the Branch Manager has signed the Notice of Withdrawal and returned a
copy to the withdrawing member, at which time the withdrawal shall be effective and
complete (the “Withdrawal Effective Date”). Provided the withdrawing team member is
still affiliated with the Company,
(i) Any purchase or sale transactions pending on and including the Withdrawal Effective
Date (i.e., fully executed contracts for sale not yet closed) in which the withdrawing
team member is a participant shall be treated as a team transaction and paid in
accordance with the applicable SIS form on file with the Company, and
(ii) Any active listings in effect on the Withdrawal Effective Date that were being
primarily handled by the withdrawing team member shall be treated as a team listing
in accordance with the provisions herein. In such event, and only provided that the
withdrawing team member is still affiliated with Company, the withdrawing team
member shall continue to perform all tasks necessary to ensure the successful sale
and closing of listings and pending transactions and all compensation shall be divided
in accordance with the respective team member’s SIS form on file with the
Company. In the event the Branch Manager determines, in his or her sole discretion,
that the withdrawing team member is not performing the necessary tasks, he or she
may assign another team member to perform any remaining tasks and the
withdrawing team member shall forfeit any entitlement to any compensation in
connection with the subject listing or pending. The withdrawing team member agrees
to abide by the Branch Manager’s determination, which shall be final and binding,
and to hold Company and the Branch Manager harmless from any such
determination. Provided the withdrawing team member is still affiliated with the
Company, any referral income or lease renewal income due on completed referrals or
executed leases which the withdrawing team member participated in prior to the
Withdrawal Effective Date shall be treated as team income and paid to the
withdrawing team member in accordance with the withdrawing team member’s SIS
form on file with the Company.
C. Commission Schedule of Withdrawing Team Member (New and Existing Teams). In
the event that the withdrawing team member remains affiliated with Coldwell Banker,
except as expressly stated herein, all terms and conditions of the withdrawing team
member’s Independent Contractor Agreement shall remain in full force and effect,
subject to Company’s right to terminate any such Independent Contractor Agreement and
affiliation with Company at any time. Immediately following the Withdrawal Effective
Date, the withdrawing associate shall be automatically placed on the New Hire
commission schedule and assigned a commission level for future transactions based upon
the associate’s personal earnings (subject to adjustment in accordance with the terms of
the schedule).
D. Additional Team Members (New and Existing Teams). Additional team members
shall not be added to New Teams or existing teams without the written approval of the
Metro President after submission of a completed “Additional Team Member Request
Form” and signed and completed SIS form.
E. Method of Compensation. All compensation due to any team member shall be paid
through the Company directly to the team member with each team member receiving
individual earnings statements and 1099s.
F. Space and Desk Allocations. Any and all arrangements for space and desk allocations
for the team (and any support personnel) must be approved by the Company, in its sole
discretion, and will be evaluated initially and periodically thereafter on the basis of an
appropriate net return per desk and square footage allowance above allocated operating
expenses.
G. Team Assistants or Support Personnel (New and Existing Teams). In the event the
team or any team member elects to employ any unlicensed assistants or support
personnel, written approval from the Branch Manager shall first be obtained. In such
event, the team leader or a third party leasing company (through a relationship between
the team leader and the third party company) shall be the sole employer (Company shall
not be considered a joint employer) and shall be responsible for payment of any and all
wages, taxes, withholdings, or the like and each team member shall indemnify and hold
Company and its employees harmless from any claims whatsoever brought by such
employee or any third party arising out of or relating to such employee’s employment,
actions or omissions (including negligence).
H. Miscellaneous.
(i) Those wishing to form or expand a team are prohibited from directly or indirectly
soliciting new members from among existing Company associates and employees.
(ii) Teams shall be counted as one associate for the purpose of allocating referral
business and opportunity/floor time (if applicable).
(iii) All team members are responsible for complying with all laws, rules and regulations
relating to advertising.
(iv) In the event of any dispute between past or present team members, whether or not
still affiliated with Company, each team member shall abide by the Disputes between
Company Associates section in this manual. Each team member agrees to hold
Company and its employees harmless from any such disputes and further agrees that
Company may, but shall not be obligated to, withhold any commissions which are the
subject of any dispute until such time as the dispute is finally resolved in accordance
with the Disputes between Company Associates section in this manual.
(v) In the event of an express conflict between this policy and any team member’s
Independent Contractor Agreement, this policy shall control; provided, however, that
in no event shall either the existence of a team, a team agreement, or any associate’s
membership on a team in any way impair the termination provisions of the
associate’s Independent Contractor Agreement with the Company, nor shall the
Company or its representatives have any liability whatsoever in connection with the
exercise of any such right.
Team Policy Example III:
Establishing the Employment Relationship
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Sales Associate is to determine profile of the type of administrative support needed. (Full-Time/PartTime and Unlicensed/Licensed)
Prior to entering into any type of working relationship/contract your CB (DBA) Manager is to be
notified of your intentions.
CB (DBA) Manager is to coordinate orientation process including provide new-hire employment
forms.
Employment Agreement
Every Assistant must have a signed Employment Agreement. This establishes the relationship between
the Sales Associate and the Administrative Support.
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Unlicensed Assistant Agreement – performs work as described under the Unlicensed Assistant
1450.165 rules.
Licensed Personal Assistant Agreement - functions as an employee.
Licensed Personal Assistant Agreement - functions as an Independent Contractor.
Note: The IRS is highly likely to classify any individual whose work is directed (such as by hours to be
worked, responsibilities to be carried out) to be an “employee”. As such, it is clear that the overwhelming
majority (if not all) of licensed assistants would be classified by the IRS as “employees” versus
“independent contractors”, and we strongly encourage the Associate/employer to treat them as such.
Licensed Assistants – Payment Process
No later than Tuesday noon before each pay period (bi-weekly), the net paycheck amount to be issued to
each Licensed Assistant must be submitted in writing to the CB (DBA) Accounting Department by the
Sales Associate. A check will be issued to the Assistant, and CB (DBA) will bill the Sales Associate for
this amount. This includes licensed assistants functioning as independent contractors. Unlicensed
Assistants should be compensated directly by the Sales Associate/Employer.
CB (DBA) will not charge a processing fee for issuing the paycheck to the Licensed Assistant.
Internal Revenue Service Guidelines
The employing Sales Associate will be responsible for the necessary withholdings, reporting of same, and
the issuing of earnings statements (W-2’s) at year-end. Utilizing an accountant or payroll service is
suggested for IRS guidelines.
Business Insurance Coverage

Workers’ Compensation Insurance: This coverage is required by law in the State of (State).
Under this arrangement this coverage cannot be provided by CB (DBA). The Sales Associate is
responsible to maintain this coverage if employing an Assistant.

General Liability Insurance: CB (DBA) requires all Sales Associates to maintain Commercial
General Liability when maintaining an office inside a CB (DBA) office. Minimum limits required:
$1,000,000 Each Occurrence Limit.

Proof of Insurance: A Certificate of Insurance showing both WC and GL coverage is to be issued to
Coldwell Banker (DBA) Realty showing Coldwell Banker (DBA) and Its Assigns as an Additional
Insured under the General Liability coverage. This certificate needs to be issued prior to CB
(DBA) issuing any payroll checks to the Assistant.
III.
Independent Contractor Agreements for Teams and Assistants:
IC Agreement Example I:
AGREEMENT FOR LICENSED PERSONAL ASSISTANT
(INDEPENDENT CONTRACTOR)
This agreement is entered into this _____ day of ____________, 20 ____, by and between
__________________________________, known as “Primary Agent”,
____________________________________, known as “Personal Assistant”, and Coldwell Banker
(DBA), known as “Broker”, for the purpose of providing the framework to allow the parties to work in
conjunction with each other in the real estate brokerage business.
WHEREAS, the Primary Agent is an independent contractor in business as a licensed real estate agent
who is associated with Broker and is using space in Broker’s building; and
WHEREAS, Primary Agent is interested in retaining the assistance of a person in the business of real
estate sales and allowing said assistance to use space in Broker’s building; and
WHEREAS, the Personal Assistant is interested in contracting with Primary Agent to provide assistance
on an independent contract basis in the conduct of the Primary Agent’s real estate sales business; and
WHEREAS, Broker is the sponsoring broker for both Primary Agent and the Personal Assistant and is
willing to allow Personal Assistant to utilize space in Broker’s building under the terms herein set forth.
For and in consideration of their mutual promises and covenants, the parties agree as follows:
1.
Primary Agent, Personal Assistant and Broker acknowledge that each are duly licensed in the
State of (State) as real estate salespersons or brokers. Primary Agent and Personal Assistant
acknowledge and represent that they are “qualified real estate agents” under Section 3508 of the
Internal Revenue Code. All parties agree that each will maintain his/her real estate sales person
or broker’s license on an active basis for the duration of this agreement.
2.
Primary Agent and Personal Assistant acknowledge that both of their licenses are sponsored by
Coldwell Banker (DBA) (Broker), and that Primary Agent will conduct real estate sales activity
in the name of Broker in an independent contractor relationship as a qualified real estate agent
under Section 3508 of the Internal Revenue Code, and Personal Assistant will be an employee
only of Primary Agent and not of Broker.
3.
Personal Assistant has agreed to assist aid and work with Primary Agent for the purpose of listing
and selling real estate. Personal Assistant agrees not to conduct business in his/her own name
and that any personal leads, contact, customers or clients of Personal Assistant will be handled
in the name of Primary Agent and assisted by Personal Assistant.
4.
Primary Agent and Personal Assistant agree that, because Primary Agent is an independent
contractor and Primary Agent, not Broker, is Personal Assistant’s hiring contractor, Broker is not
responsible for Personal Assistant’s compensation, nor for any withholding, Worker’s
Compensation, unemployment benefits, expense reimbursement, legal defense, or any employee
benefits and/or obligations that might arise between an employer and employee. Personal
assistant waives and disclaims any claim against Broker for the foregoing. Broker’s sole
obligation to Personal Assistant is to deliver compensation out of Primary Agent’s commissions,
or other funds provided by Primary Agent, in the amount directed by Primary Agent. It is
Primary Agent’s responsibility to provide all funds to cover Personal Assistant’s compensation.
5.
On all transactions originated by the Primary Agent or Personal Assistant, any amount of
commission split or shared with Personal Assistant will be credited only to Primary Agent for
purposes of calculating any additional compensation, bonus or other award/bonus programs, as
those programs may be constituted by Broker or others at any given time.
6.
Primary Agent and Personal Assistant acknowledge that permission has been granted for Personal
Assistant to utilize space in Broker’s sales office solely for the convenience of Primary Agent and
that such circumstance is not intended to create an employer-employee relationship or a leasehold
or any other ongoing obligation between Broker and either Primary Agent or Personal Assistant.
7.
Primary Agent agrees to supervise and direct Personal Assistant in the performance of all licensed
and unlicensed activities. That supervision and direction shall at all times be compliant with
(State) Real Estate License Law, Realtor’s Code of Ethics and Coldwell Banker (DBA) Policies.
Primary Agent agrees to defend, indemnify and hold Broker harmless from any and all fines and
penalties assessed by any licensing authority against the Broker for failure to provide adequate
supervision to the Personal Assistant or for the violation by the Personal Assistant of the
Provisions of the Real Estate License Act of 1983, as from time to time amended, and the rules
promulgated pursuant to that Act, and from any claim, cost or liability arising for Broker from the
activities of Personal Assistant on behalf of or during the course of employment by Primary
Agent.
8.
Broker may withdraw consent for Primary Agent to maintain the contractual services of Personal
Assistant under any of the following conditions:
a.
b.
c.
Primary Agent fails to maintain an active real estate salesperson or broker’s license in
(State).
Personal Assistant fails to maintain an active real estate salesperson or broker’s license in
(State).
Primary Agent and/or Personal Assistant are no longer licensed with Broker.
11.
Primary Agent agrees to pay Broker the cost of including Personal Assistant under Broker’s
errors and omission insurance coverage. Primary Agent further agrees, at Primary Agent’s sole
expense, to carry commercial liability insurance in amounts required under Coldwell Banker
(DBA) guidelines as may be published from time to time. Failure to provide the required
insurance while employing a Personal Assistant shall be a violation of Primary Agent’s
association agreement and shall entitle Broker to immediately terminate Primary Agent’s
association. Primary Agent acknowledges having received a copy of Broker’s insurance
requirements.
12.
The parties have read and understand the foregoing and agree that this Agreement shall govern
the interrelationship of the parties for so long as Personal Assistant remains in the employ of
Primary Agent.
IC Agreement Example II:
Team Member and Assistant Independent Contractor Agreement
PARTIES TO THE AGREEMENT
For the purpose of this Agreement the term “Managing Broker” will refer specifically to Sales Manager
of the specific sales office. The term “Licensed Selling Assistant” will refer directly to the individual who
signs this agreement as such. The term “Primary Sales Associate” will relate specifically to the current
Coldwell Banker (DBA) Sales Associate (as noted by the signature below), that is engaging the assistant
and is willing to accept the added responsibilities outlined in this agreement. The term “Company” will
relate directly to Coldwell Banker (DBA).
SCOPE OF BUSINESS
The basic premise of this program is to offer a Primary Sales Associate the ability to build his or her
individual business within the umbrella of the Company. In order to create a successful long term
working relationship, all parties must agree to the following conditions.
LICENSED SELLING ASSISTANT RESPONSIBILITIES
1. The Licensed Selling Assistant will be licensed by the Colorado Real Estate Commission as a Broker
Associate of the Company and will work under the supervision of the Company’s Employing Broker.
2. The Licensed Selling Assistant will be working under the direct supervision of the Primary Sales
Associate. The Employing Broker hereby delegates such responsibility to the Primary Sales Associate
3. The Licensed Selling Assistant will be physically located in the space earned by the Primary Sales
Associate. No additional space will be offered by the Company unless the Primary Sales Associate
wish to pay for it and it is available.
4. Additional telephone set (including voicemail) and modem lines will be made available to the
Licensed Selling Assistant (If available) at a “pass through” cost of $376 per telephone (one time fee)
and $46 per modem line (monthly fee). These fees must be approved by Primary Sales Associate and
will be charged directly to the Primary Sales Associate.
5. The Licensed Selling Assistant must be a member of the local Board of Realtors and pay all
applicable Board and MLS fees.
6. All business cards and promotional materials used for, and by, the Licensed Selling Assistant will
clearly show the Primary Sales Associate’s name/title and Licensed Selling assistant’s name/title.
For example: Sally Smith
Licensed Selling Assistant to
Doris Johnson, CRS
Broker Associate
1. The Licensed Selling Assistant will maintain an active Errors and Omission insurance policy, which
meets the Company’s requirements, as well as participate in the Company’s Lega Services Fund. The
Licensed Selling Assistant shall execute the Independent Contractor Agreement with the Company on
the form established by the Company.
2. The Licensed Selling Assistant will take all listings under the Primary Associate’s name and market
all listings as such.
3. The Licensed Selling Assistant will have the opportunity to schedule and cover the Primary Sales
Associate’s “floor time”.
4. The Licensed Selling Assistant agrees to follow all guidelines outlined in the Company Policy and
Procedures Manual.
5. The Licensed Selling Assistant understands that all Company advanced expenses will be paid by the
Primary Sales Associate. Primary Sales Associate, as between the Primary Sales Associate and the
Licensed Selling Assistant, shall approve all expenses incurred by Licensed Selling Assistant.
6. The Primary Sales Associate prior to production or implementation must approve all advertising and
marketing materials and concepts.
7. The Licensed Selling Assistant will be considered to be an independent contractor of the Company
and not an employee of the Company. As such, all commission income must be paid to the Licensed
Selling Assistant by the Company and not the Primary Sales Associate. This requirement is in place
to meet Federal tax laws and the requirements of the Colorado Real Estate commission.
8. If requested by Primary Sales Associate, Licensed Selling Assistant may perform all duties of a Sales
Associate at closings.
9. For the purposes of any Company performance awards or contests, all parties understand that only the
Primary Associate will be recognized.
10. The Primary Sales Associate will have to pay an additional 5% to Coldwell Banker on every deal that
the License Assistant closes.
11. Licensed Selling Assistant’s will stay at a set commission level and will not cross to a higher
commission level.
PRIMARY SALES ASSOCIATE RESPONSIBILITIES
1. The Primary Sales Associate is responsible for assuring that all of the above conditions are met.
2. The Primary Sales Associate agrees to pay for all marketing, general business and other costs relating
to the Licensed Selling Assistant.
3. The Primary Sales Associate will be available either in person or by telephone to offer the Licensed
Selling assistant advice and professional guidance.
4. The Primary Sales Associate will be ultimately responsible for the tracking and maintenance of all
transactions.
5. The Primary Sales Associate will notify the Sales Manager immediately if any clients, customers,
other agents or local Boards make any complaint about Licensed Selling Assistant either verbally or
in writing.
6. The Primary Sales Associate agrees to indemnify and hold Sales Manager, Employing Broker and the
Company harmless for any wrongdoing by the Licensed Selling Assistant. Primary Associate also
agrees to reimburse Company for any legal fees or other expenses incurred while defending itself
against any claims brought against the Licensed Selling Assistant or the Company based upon the
alleged acts of the Licensed Selling Assistant.
7. The Primary Sales Associate is responsible for the Licensed Assistants accounts receivables (OFFICE
BILL) if the Licensed Selling Assistant becomes delinquent.
COMPENSATION
Primary Sales Associates shall be free to negotiate a split with his/her Licensed Selling Assistant.
However, in no case shall that split exceed whatever split the Licensed Selling Associate would earn if
he/she were working as a traditional agent with the Company.
Any commission income generated by either the Licensed Selling Assistant or the Primary Sales
Associate will be run through the Primary Sales Associate’s compensation plan. The Licensed Selling
Assistant’s compensation shall be as follows, and shall be paid by the Company from commissions
otherwise payable by Company to Primary Sales Associate.
COMMITMENT
Both the Primary Sales Associate and the Licensed Selling Assistant agree to use their best efforts to
maintain the Company’s strong reputation in the community and also agree to place integrity and quality
service before personal gain.
IV.
Internal Team Documents:
Team Commission Election Form – Example I:
COMMISSION PLAN ELECTION FORM
FOR LICENSE SELLING ASSISTANTS OF (SAMPLE) TEAM
Date: __________________________________
Branch Name: ____________________________________________________________
Agent Name (Licensed Selling Assistant):______________________________________
Primary Agent: ___________________________________________________________
I hereby elect the Commission Plan for (Sample) Team’s Office.
Commission Disbursement Schedule:

The Licensed Selling Assistant will earn a commission equal to 50% of the Gross Commission for
each transaction that they originate, on both the sale of listings that they take, and sales of listings
other than those listed by (Sample) Team’s Office.

If a sale is made on one of (Sample) Team’s Office listings, the Licensed Selling Assistant will earn a
commission equal to 75% of the Gross Commission on the sale side of the transaction.

Referral fees received by the agent may be eligible for a 100% split of the commission at the
subjective discretion of (Sample) Team, depending on the circumstances. Otherwise, the agents’
share of the commission will be 75%.

The Licensed Selling Assistant will also be eligible for a 75% split of the Gross Commission for sales
of other agents’ listings when the Buyer is obtained through Coldwell Banker Relocation Services,
and referral fees are paid. This does not apply to listings. If the sale is made on one of (Sample)
Team’s Office listings, the Licensed Selling Assistant’s side of the Gross Commission will still equal
75%.
Licensed Selling Assistants and Primary Agent understand that all compensation paid to the Licensed
Selling Assistant must be made through the Broker, Coldwell Banker Residential Brokerage. The
Primary Agent can pay no money directly to the Licensed Selling Assistant.
Agents Signature: _
Date: ______
Primary Agent Signature: _
Date: ______
Manager Signature: _
Date: ______
Regional Vice President Signature: _
Date: ______
President’s Signature: _
Date: ______
Team Employee Manual – Example:
The (Sample) Team Employee Manual
Mission Statement
The (Sample) Team is a highly productive group of real estate professionals that
work cooperatively under the marketing banner of (Sample). By leveraging on
(X) years of experience, excellent reputation, and marketing clout, Licensed
Associates are able to create more opportunities – and potential income to
themselves and The Team – than they would otherwise as independent agents.
Our staff consists of highly trained, knowledgeable and friendly people who
support the listing and sales activities of (Sample) and the Licensed Associates
of The Team. Through specialization, and the use of our well developed
systems, The Team is able to provide the client with the best customer service
and overall satisfaction possible in their real estate transaction.
Time Off Policy
Employees will have the following paid Holidays:
 Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

New Year’s Day
The following schedule of paid Vacation Time will be allotted each employee:
 One week during the first calendar year of employment

Two weeks during each subsequent calendar year of employment

Employees must clear their requested time off with management,
giving as much notice as possible (i.e., at least a month), and take care
not to make plans that coincide with other staff vacations, or would
leave the office short-handed during critical or busy times.
Personal Days
 Four additional paid days off may be taken by the employee for any
reason, so long as sufficient notice is given to management, and
permission is given for the timing of employee’s request.
Sick Days

There is no allotment of paid days for sick time; however, employees
may use their personal days if they would like to be paid for days off
due to illness.
Employees should keep track of all of their time off during the year. Any
unused vacation or personal time off will not carry over to the next year.
Compensation
Regular wages:

Employees will be paid on the 1st and 16th of each months for the
periods of the 16th through the last day of the month, and the 1 st
through the 15th day of the month respectively
Production bonus:

Benefits
When The (Sample) Team reaches a Gross Commission Income of
$1.3 Million for the calendar year, employees will receive a $1,000
bonus (prorated for that portion of the year they have worked if they
have worked for less than one year), which will be added to their
regular paycheck, subject to taxes and withholding. Additional $1,000
bonuses will be paid for each additional $100,000 of GCI earned by
The (Sample) Team for the remainder of the calendar year. Bonus
level is subject to review and change by Jim (Sample) in December of
each year.
Health Insurance will be provided for the individual through Kaiser Permanente,
upon request by the employee. If the employee chooses not to participate in the
Health Insurance program, they will be offered an additional amount to be
added to each paycheck equal to what the Kaiser premium would have been that
they may apply to their own health coverage needs. Additional family members
may be added to the plan at the expense of the employee.
Team Job Descriptions – Example:
Staff Responsibilities
Listing presentations preparation:
 Assemble Listing Presentations
 Maintain file of marketing samples
 Print contracts, marketing plan, and tax sheet
New listing transaction management:
 Enter into MLS
 Enter clients into Top Producer as “Active Clients”
 Order Virtual Tour & photography
 Order “Just Listed” postcards
 Order 50 brochures
 Perform “Same & Similar” fax notifications to Realtors
 Request to place on Office Tour
 Establish Fact Line with photos
 Upload all high-resolution photos to websites
 Send Thank You for listing letter with copy of MLS and Same & Similar fax
Feedback:
 Email to showing Realtor
 Follow up Email two days after showing
 Fax feedback after four days
Change of Status Checklist (price reductions, withdrawn, etc.:
 Change in MLS
 Change price on all websites
 Change on dry erase board
 Update Hot Sheet
 Send Amend/Extend with Broker to Seller
 Fax price reduction to Realtors who have shown it
 Mail copy to seller
Management of sales and listings under contract through closing:
 Mail under contract letter
 Enter into Top Producer calendar
 Request and retrieve all contract paperwork & disclosures
 Notify front desk-A/B and update Hot Sheet
 Change on dry erase board
 Review contract for special terms, additional provisions
 Get loan info from Seller
 Order title work
 Review title work
 Monitor inspection objection deadline
 Handle inspection resolution details
 Set closing time two weeks prior
 Monitor appraisal deadline
 Monitor loan approval deadline
 Check CDA accuracy
 Update Hot Sheet when closed
 Print Top Producer notes and file
 Order Just Sold cards
Mailings:
 Assist with agent mailings to sphere or farm

 Mail copies of any advertisements to
Misc.:





Print Inventory Report
Assist with preparation of any agent mailings to sphere or farm
Filing
Order and pick up office supplies
Mail copies of any advertisements to seller