Alaska Real Estate Brokerage Policy and Procedures Manual

Used By over 250 Alaskan Brokerages
Customized over 60 Times with the Brokerage’s Name
Satisfies Regulations and Statutes
Word Document Format for Easy Customization

Goals of an Office Policy Manual

  1. A clear Associate relationship to the Broker is established pertaining to the rights and responsibilities owed between both parties.
  2. By providing standard operating procedures, disputes can be avoided and proactively addressed through the implementations of standard practice and procedures..
  3. Productivity can be enhanced when the processes are clearly identified and laid out in a manner that makes them second nature.

Purpose of the Office Policy Manual Guide

The Office Policy Manual Guide is designed as a tool to assist Brokers who are drafting or revising Office Manuals. Royse and Associates provides this material solely as a guide and highly recommends the review of your legal counsel before implementing your finished Office Policy and Procedure Manual

What does the Policy and Procedure Manual Include?

Chapter 1 - Broker and Associate

Mutual Benefit

  • Broker and Associate Agreement of Mutual Benefit
  • Adhere to the Code of Ethics and Bylaws of Local Board and MLS
  • Membership in the Board of REALTORS®

Associate Expenses

  • Real Estate License and Mandatory Continuing Education,
  • Miscellaneous Associate Expenses
  • Automobile
  • Automobile Insurance Coverage

Professional / Business Expenses

  • Resolution of Disputes
  • What Constitutes a Dispute
  • Intra-Office Disputes Between Associates
  • Disagreement Between Broker and Associate

Independent Contractor

  • Definition
  • Independent Contractor's Agreement
  • Tax Filing Requirements
  • Workers' Compensation Requirement
  • Broker Authorization to Contract

Chapter 2 - Office Policies

  • Discrimination Issue
  • Federal Fair Housing Laws
  • Equal Housing Opportunity
  • Discrimination Accusations
  • Fair Employment Practices


Office Security

Office Appearance

Dress Code

  • Eating in the Work Area
  • Parking
  • Changes in Name, Address and Telephone Number
  • Telephone Use
  • General
  • Long Distance Calls
  • Messages for Other Associates
  • Computer Use
  • Information Systems Policy
  • Proprietary Equipment and Information
  • Information Systems Usage
  • Information Systems Conduct
  • Computer Safety and Security Measures
  • Viruses
  • Copyright Infringement
  • The World Wide Web
  • Summary
  • Maintaining Contact with the Office
  • Drug and Alcohol Use
  • Substance Use
  • Consumer or Customer Substance Use
  • Smoking
  • Legal and Tax Advice Prohibited
  • Legal Advice
  • Tax Advice
  • Problem Reporting Procedures
  • Contacting the Broker
  • Emergency Contacts
  • Branch Offices
  • Confidentiality

Office Duty Time

  • Purpose
  • Rotation

Sales Meetings

  • Purpose
  • Attendance Expectations
  • Observance of Safety Practices

Vacation / Leave Time for Associates

Sign Policy

  • Sign Riders
  • Direction Signs
  • Sold and Offer Pending Signs
  • Expired Listings
  • Employee Office Hours
  • Observed Holidays
  • Legal Assistance for Associates
  • Legal Counsel Involvement
  • Lawsuits and Threats of Action
  • Arbitration
  • Code of Ethics & License Law Violations
  • Inspection Services, Surveys, Etc
  • Document Control
  • Document File
  • Document Confidentiality Issues

Personal Assistants

  • Unlicensed Assistants and Licensed Assistants

Chapter 3 - Advertising

  • Real Estate Advertising
  • Advertising Media
  • Open House Ads
  • Allocation and Costs of Advertising
  • Alaska Advertising Statutes and Regulations
  • General Principles
  • Internet Advertising
  • Fair Housing Advertising
  • Prohibited Advertising Language

Chapter 4 - Compensation

Commission and Fee Rates

  • Associate Commission and Fee Compensation
  • Definition
  • Schedule of Compensation
  • Partial Receipt of Commissions
  • Reduction of Commissions and Fees
  • Referrals and Bonuses
  • Commission Agreements and Disputes
  • Entitlement to Commission
  • Inter Office Disputes of Compensation
  • Intra Office Disputes of Compensation

Chapter 5 - RESPA Policy

  • Prohibition against Kickbacks and Unearned Fees
  • What is Permitted
  • Key Referral Fee Reminders

Chapter 6 - Alaska Real Estate Consumer Relationships

  • Information Provisions
  • Specific Assistance Definition
  • Relationship Disclosures Required

Relationship Disclosure Exemptions

  • Required Stigmatized Property Disclosure
  • Broker Policy Stigmatized Property Disclosure
  • Additional Disclosure Issues

Duties not Owed to Consumers

  • Consumer Licensee Relationship Options
  • Specific Assistance Customer Relationship
  • Representation Non-Agency Client
  • Designated Licensee Representation Non-Agency Client
  • Neutral Licensee

AREC Consumer Pamphlet Info

  • Conflicts of Interest Documentation
  • Acts not Considered Conflicts

Designated Licensee Options

  • In-House Sales One Licensee
  • Broker is Designated Licensee
  • Designated Licensee Assignments
  • Seller / Landlord/ Community Association Designated Licensee
  • Buyer/ Tenant Designated Licensee
  • Community Association Unique Designated Licensee Issues

Broker Vicarious Liability and Imputed Knowledge

  • Compensation
  • Compensation Disclosure
  • Duration of Relationship
  • Transaction File Review

Chapter 7 - Selling Policies and Procedures

Lead Generation

  • Servicing the Prospects

Drafting Offers

Confidentiality of Offers

  • Intra Office
  • To Cooperating Brokers
  • Timeliness in Offers

Delivery of Accepted Offers

Referral Fees

Chapter 8 - Personal Service Agreements

  • Consumer Relationship Disclosure
  • Residential Property Condition Disclosure
  • Disclosure of Adverse Facts
  • Lead Based Paint (LBP) Disclosure Requirements
  • Disclosure Requirements Buyers and Tenants
  • Rental Properties and Sales Transactions Subject to LBP Rules
  • Target Housing
  • Excluded Properties
  • Transactions Subject to LBP Rules Sales and Leases
  • Exempted Transactions Leases and Sales
  • Licensees Covered
  • Buyer Opportunity to Inspect for LBP
  • Timing of LBP Disclosures
  • Licensee Responsibilities
  • Listing the Residential Property
  • Listing Contracts

Filing Listing Documentation

  • New Listing Tours
  • Security of Listed Property

Cancellation of Listing Contract

  • Listing Protection
  • Cooperating Compensation

Chapter 9 - Buyer Representation

Associates Capacity as Licensee Representing Buyer

  • Buyer Representation Agreement
  • Consumer Relationship Disclosure
  • Negotiations
  • Compensation
  • Cooperation as Listing Agents with Buyer's Brokers
  • Representing Buyer on In-House Sale

Chapter 10 - Closing Procedures

Listing Associate Responsibilities

  • Failed Transactions
  • Attorneys at Closing
  • Deposits and Earnest Money
  • Handling
  • Disbursement

Chapter 11 - Antitrust

Summary of Principal Federal Antitrust Laws

  • The Sherman Act
  • The Clayton Act
  • The Robinson Patman Act
  • The Federal Trade Commission Act
  • Antitrust Compliance
  • Document Retention Policy
  • Consequences and Costs of Failure to Comply

Chapter 12 - Termination of Affiliation

Resources and Forms:

  • Company Policies Regarding Consumer Relationships
  • General Non-Disclosure Agreement
  • Alaska Real Estate Commission Consumer Disclosure
  • AREC Waiver of Right to be Represented
  • Alaska Real Estate Duties and Relationships Effective 2005
  • Independent Contractors Agreement
  • Commission and Fee Rates

Implementation of an Office Policy Manual

  1. Upon the new affiliation between the Associate and Broker, each Associate's orientation should include a copy of the Office Policy Manual including a signed acknowledgment that the Associate has read and understands the material set forth. You should also reserve the right to amend and make changes to policies.
  2. The contents should be reviewed in a formal atmosphere setting in which the material has been fully presented and the Associate understands the policies. Regular staff meetings provide ideal times to review your Office Policy Manual. If you have a formal orientation for new Associates, this is considered an ideal time for presenting the Office Policy Manual.. All new Associates should be trained on the policies set forth in the manual
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Sec. 08.88.685. Policies, Guidelines, and Requirements.

(a) A broker shall adopt written policies and procedures available to the commission and to members of the public on request that

(1) require real estate licensees to comply with all real estate laws;

(2) require real estate licensees to act fairly and honestly in all dealings;

(3) require real estate licensees to notify the broker or a broker designee of any legal dispute or allegation of wrongdoing from a seller, buyer, lessor, or lessee;

(4) require real estate licensees to maintain regular communication with the broker or a broker designee; and

(5) identify and describe the relationships in which the broker and the real estate licensees who work for the broker may engage with a seller, buyer, lessor, or lessee.

(b) The commission shall adopt regulations that establish

(1) guidelines to assist a broker to adopt the written policy required by (a) of this section;

(2) the contents and format of the pamphlet to be provided by a licensee under AS 08.88.615(a)(6); and

(3) requirements for a broker’s supervision of the real estate licensees who work for the broker.

(c)  Based on the content and format for the pamphlets established under (b)(2) of this section, a real estate broker shall produce and pay the costs to produce the actual pamphlets to be provided by licensees in the broker's business under AS 08.88.615(a)(6).


12 AAC 64.117 Broker’s Written Policy.

A broker shall adopt a written policy manual that addresses guidelines and procedures

(1) to determine the designated licensee;

(2) that establish a policy for when the broker becomes a designated licensee;

(3) for neutral licensees;

(4) for a single real estate licensee representing one party in a transaction while providing specific assistance to an unrepresented party in the same transaction; and

(5) for maintaining confidentiality within the office for all transactions.

(6) for the supervision of teams, if applicable, to include a policy covering

(A) the usage of the consumer disclosure required under 12 AAC 64.118; and

(B) how consumers are represented within a team.

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