Epic National Realty

Policies and Procedures Manual

1.PROFESSIONALISM.

1.1.Sexual Harassment.

a. “Sexual Harassment” is defined as any of the following; unwelcome sexual advances, unwelcome requests for sexual acts or favors, unwanted physical contact, display of sexually suggestive or explicit materials, or other verbal or physical conduct that has the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, or offensive working environment.

b. Any associate of Epic National Realty (“Epic National”) complaining of sexual harassment should first confront the harasser and clearly tell the harasser that his/her conduct is unwelcome and must stop. If the conduct continues, the associate should report the matter to a direct supervisor, broker, or Epic National Administrative staff member.

c. If Epic National determines the harasser is an associate of Epic National, then disciplinary action may be taken against such associate. The Chief Executive Officer of Epic National has sole authority to impose punitive measures against an Epic National associate.

1.2. Competency.

a. Contractors must be competent to act on behalf of Epic National. The Contractor’s broker decides if a Contractor is competent to act and such determination may be altered by the broker at any time.

b. It is the responsibility of each Contractor to obtain all formal and informal training and education. Such personal development must be sought after proactively and continually. Training and education should come from resources both inside and outside Epic National.

c. Because knowledge and information are necessary for the Contractor to protect the interests of a client in each real estate transaction, Contractors should not act on instinct or “gut” feelings. Contractor should contact his/her broker to request assistance if he/she is uncertain about a course of action.

d. It is the Contractor’s sole responsibility to know when his/her license expires and what continuing education requirements are necessary to maintain the license.

e. Contractor must comply with the competency requirements contained in the National Association of REALTORS Code of Ethics.

f. It is the obligation of Contractor to be knowledgeable and competent as a real estate brokerage practitioner. The Contractor must:

1. be informed on local market issues and conditions affecting real estate in the geographic area where a license holder provides services to a client;

2. be informed on national, state, and local issues and developments in the real estate industry;

3. exercise judgment and skill in the performance of brokerage activities; and

4. be educated in the characteristics involved in the specific type of real estate being brokered for others.

1.3. Advising Clients. Contractors do not give legal, tax, construction, and or other advice which is outside the scope of the Contractor’s license. Further, in accordance with TREC Rules and Procedures Section 537.11(b), Contractor may not:

a. practice law;

b. directly or indirectly offer, give, or attempt to give legal advice;

c. give advice or opinions as to the legal effect of any contracts or other such instruments which may affect the title to real estate;

d. give opinions concerning the status or validity of title to real estate;

e. draft language defining or affecting the rights, obligations, or remedies of the principals of a real estate transaction, including escalation, appraisal, or other contingency clauses;

f. add factual statements or business details to a form approved by the Commission if the Commission has approved a form or addendum for mandatory use for that purpose;

g. attempt to prevent or in any manner whatsoever discourage any principal to a real estate transaction from employing a lawyer; or

h. employ or pay for the services of a lawyer, directly or indirectly, to represent a principal to a real estate transaction in which the license holder is acting as an agent.

1.4. This Section 1 does not limit a Contractor’s fiduciary obligation to disclose to the Contractor’s principals all pertinent facts that are within the knowledge of the license holder, including such facts which might affect the status of or title to real estate.

1.5. Contractor shall only add factual statements and business details or shall strike text as directed in writing by the principals. Contractor may explain to the principals the meaning of the alternative choices, factual statements and business details contained in an instrument so long as the license holder does not offer or give legal advice.

1.6.When a transaction involves unusual matters that should be reviewed by a lawyer before an instrument is executed, or if the instrument must be acknowledged and filed of record, Contractor shall advise the principals that each should consult a lawyer of the principal's choice before executing the instrument.

1.7. Contractor may employ and pay for the services of a lawyer to represent only Contractor in a real estate transaction.

1.8. If Contractor is found to be giving unauthorized advice previously mentioned in Section 1.3 of this Addendum A, Epic National shall:

a. Report and/or file a complaint against the Contractor to the appropriate disciplinary committee for review; and/or

b. Terminate this Agreement, at its own discretion, and without notice.

1.9. If any legal proceedings are initiated as a result of Contractor providing advice on prohibited subject matters, Contractor shall be responsible for his/her own legal fees. If Epic National is involved or found liable in any of the legal proceedings resulting from Contractor’s actions, Contractor shall reimburse and indemnify Epic National’s reasonably associated fees, including but not limited to attorney’s fees, expenses in preparing for litigation, and damages.

1.10. Out of Town or Unavailable. Contractors must take ownership of their business. If a Contractor will be out of town or otherwise unable to provide services to a client, the Contractor must:

a. Plan for someone to cover in the Contractor’s absence; and

b. Notify the Epic National administrative team of the person who will be covering for the Contractor at least three days in advance of a planned absence.

1.11. Dress and Grooming. When showing property or any other time of personal interaction with a client, Contractor must maintain a clean and professional appearance. It is highly encouraged that Contractors maintain a wardrobe becoming of a trusted professional and, at a minimum, dress in business casual when first meeting a client.

1.12. Automobile. The appearance of the Contractor’s vehicle reflects upon his/her professionalism. Contractor’s vehicle should be:

a. clean and organized;

b. free of dents, noticeable cracks in the windows, and holes or stains in the carpet and upholstery;

c. not more than 10 years old; and

d. washed at least once a week when the Contractor is actively listing and showing property.

1.13. Transaction Log. Contractors should document all appointments, telephone conversations, emails, and other communication related to his/her real estate practice in a transaction log. A back-up copy of the transaction log shall be stored in writing and in a secure location at Contractor’s expense. When possible, use Follow Up Boss, Dotloop, and G Suite for the transaction log because these programs provide inexpensive and long-term online data storage. Such historical information may be used for tax, legal, or other purposes. When feasible, use the facilities provided by Epic National.

1.14. Supra / eKey / MLS Keybox Key. Contractors may not share their Supra key and MLS login information with any unauthorized person. Contractors will be held liable for any damages caused by a violation of this policy.

1.15. Contacting Your Broker.

a. Contractors are responsible to review any state specific broker communication information and know how to contact their broker.

b. Contractors may consult their broker’s online public calendar to learn their broker’s availability.

c. If a Contractor has an urgent need to contact his/her broker outside normal business hours, the Contractors should contact their broker directly by phone or email.

1.16. Contact Information. Contractors’ personal contact information is maintained by Epic National. Contractor should immediately notify the broker or Epic National Administrative staff of any change in the Contractor’s address, phone number, or email address on file.

1.17. Recording Authorization. Contractor acknowledges and agrees to verify and obtain consent of any and all persons who may subject to CRM recording during the course of Contractor’s affiliation with Epic National. Contractor acknowledges that Epic National is not liable for any and all failure of Contractor to verify the location of the Client and obtain proper consent. Contractor hereby agrees to hold Epic National harmless from any and all costs, claims, damages, and expenses associated with any and all claims, litigation and attorney’s fees associated with Contractor’s failure to obtain consent to record using the CRM software or any other similar application or software during his or her affiliation with Epic National.

2. OFFICE AND TECHNOLOGY

2.1. Physical Office Space.

a. Epic National operates almost entirely online and does not invest in brick-and-mortar buildings. If physical office space is needed, it is the responsibility of the Contractor to acquire such space. Contractors are encouraged to work with title and escrow companies, lenders, banks, office space rental companies, and other local affiliates if physical office space is needed.

b. Contractors are encouraged to maintain mobile access to internet through a mobile hotspot or other such capabilities to allow access to high-speed internet when not at Contractor’s home office. Contractor is responsible for all incurred expenses and will not be reimbursed by Epic National.

2.2. Using Online Company Resources. Epic National utilizes several online resources to further its business. Contractors may be given access to these resources as a service to assist their business. Contractors should use the resources only for the purposes for which they are provided. Resources provided may include:

a. Dotloop;

b. G Suite; and/or

c. Follow Up Boss

2.3. Required Hardware

a. Laptop

Windows 10 or updated Mac iOS, 2013 or newer;
minimum a 13” screen, up to date graphics card;
minimum 4 gigs of RAM; and
webcam capability

b. Any tablet of Contractor’s choice equipped with WiFi and Cellular capabilities;

c. Printer / Scanner: Machines should have automatic paper-feed capabilities for scanning and faxing. A suitable machine can often be found for $200 or less.

d. USB headphones or earbuds

e. Digital camera: Any digital camera with some type of image stabilization capability is acceptable. A tripod may be used and is often helpful.

f. The purchase and maintenance of required hardware items is the sole responsibility of Contractor. Contractor will not be reimbursed or purchased by Epic National.

2.4. Optional and Recommended Hardware

a. Portable Printer: A portable printer powered through the cigarette lighter receptacle is useful to print contracts or other documents while away from the office.

b. Desktop Workstation: Separate, full-size monitors with external keyboard and mouse are useful to work more comfortably at a desk. Most laptops can connect to a docking station to add monitors, external drives, keyboards, mice, and other peripherals.

c. The purchase and maintenance of optional and recommended hardware items are the sole responsibility of Contractor. Contractor will not be reimbursed or purchased by Epic National.

2.5. Software, Software as a Service (SaaS), and Internet Connectivity.

a. Required

1. High Speed Internet; and

2. Most current version of an anti-virus software

2.6. Optional and Recommended Hardware.

a. Portable Printer: A portable printer powered through the cigarette lighter receptacle is useful to print contracts or other documents while away from the office.

2.7. Software, Software as a Service (SaaS), and Internet Connectivity

a. Required:

1. High Speed Internet;

2. Most current version of an anti-virus software

b. Optional and Recommended Software and SaaS:

1. Photo Editing – Adobe Photoshop Elements

2. Google Voice Phone Number – allows Contractors to manage who and when people can call them and provides flexibility to communicate by voice and text. It also provides free long distance anywhere in the U.S.

2.8. Social Networking. Contractors will be perceived as representatives of Epic National. Therefore, Contractors must be professional in their use of all Social Media. Unprofessional content or interactions on social media is prohibited.

a. Email

All email addresses provided by Epic National will be through G Suite which is powered through Google.
Contractors’ email communications with contractors, brokers, and staff affiliated with Epic National should be through email provided by Epic National.
Contractors should additionally use the email account provided by Epic National when communicating with clients originally generated by Epic National. Clients originally generated by Epic National are those clients who were obtained through calls into the Epic National office, walk-in leads procured through the office, internet leads procured through Epic National’s marketing efforts, and outside brokerage referrals.
Contractors may use personal email accounts when communicating with clients not generated by Epic National.

2.9. Security.

a. Contractor must use their best efforts to safeguard all business data and email.

b. All computers must be password protected and Contractors should lock the computer’s desktop when not physically in front of the computer.

c. Contractors must enable Google 2-Step verification for Epic National email. The following link can be used to enable Google 2-Step: https://www.google.com/landing/2step/.

d. Contractors may not disclose a client’s personal information to a third party unless the Contractor’s broker gives written approval.

e. When a Contractor’s relationship with Epic National ends, the Contractor must verify that Epic National has copies of all records created during the period of the Contractor’s relationship with Epic National.

3. INDUSTRY STANDARDS

3.1. Disclosure. Contractors must disclose all information required by law to all parties of a real estate transaction regardless of the fiduciary relationship the Contractor have with a client.

3.2. Contractor’s Name. Any Advertisement, contract, or correspondence associated with the Contractor’s real estate work must contain the Contractor’s name as it appears on the Contractor’s license.

3.3. Forms. Contractors must use real estate forms created or approved by the MLS or REALTOR board of which the Contractor is a member. Other documents created or obtained by the Contractor must be reviewed and approved by the Contractor’s broker before being used.

3.4. Mail.

a. Contractor’s business address is the address of the Epic National main office in the state in which the Contractor works, and all physical, business-related correspondence must be sent to that address. Under no circumstances should business-related mail be sent to the Contractor’s personal address.

b. Likewise, a Contractor’s personal mail should not be delivered to Epic National’s address. Any mail delivered to Epic National will be considered business mail and will be subject to view by the Epic National administrative staff and/or broker.

c. Real estate transaction communications from an escrow company must be sent to the Epic National address. If desired, Contractors may receive a duplicate copy of such correspondence.

3.5. Do Not Call Rules.

a. Contractors must review and be familiar with all state and federal “do-not-call” rules and regulations. One source of information is located at http://www.ftc.gov/donotcall.

b. Contractors must comply with all “do-not-call” rules and regulations. Contractors, alone, are responsible for fines or other penalties resulting from the Contractor’s violation of such guidelines. Any fines resulting from the violation of National Do Not Call List guidelines shall be the sole responsibility of the Contractor.

c. Personal information is, including, but not limited to:

1. information contained in a consumer report;

2. an individual’s first name, last name, initials, in combination with any of the following:

a. birth date;

b. social security number or any other government issued identification number;

c. mother’s maiden name;

d. unique biometric date (fingerprints, voice, retina image);

e. unique electronic identification number or routing code;

f. telecommunication access devices including debit or credit card information; or

g. financial institution account or information.

A consumer report is a report related to a person’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristic, or mode of living prepared by or obtained from an agency that collects such information such as a credit reporting agency.

4. REPORTING.

1. 2. 3. 4. 4.1. General.

a. Because brokers have a legal duty to supervise the real estate contractor, Contractors must keep his/her broker informed through every step of a real estate transaction.

b. Contractors should strive to upload all necessary documents to Dotloop for review as the transaction progresses. Please do not wait until the last minute to upload documents as brokers must have a reasonable amount of time to review documents. An additional charge may be

required if, because of the Contractor’s neglect, a broker determines an investigation is necessary to verify compliance with industry laws or rules.

c. Completing and uploading a transaction file after the close of escrow is prohibited and such an action is subject to a $150.00 penalty exacted by Epic National.

4.2. Executed Purchase and Sale Agreements.

a. Contractor must report all purchase agreements and sale agreements to the broker by uploading the complete agreement, including all addenda, within 2 business days of its execution. Any additional documents required by the broker should be uploaded with the complete agreement.

b. Contractor should consult state-specific regulations for a list of required documents in a real estate transaction.

4.3. Listings.

a. All listing agreement paperwork must be uploaded to Dotloop within 24 hours of execution of the listing agreement and must be uploaded in the .pdf format.

b. Upload additional listing documents and update the listing inside the transaction in Dotloop. A list of required documents may be found in the Epic National Manual.

4.4. Income Reporting. Contractors will receive a 1099 tax document in January containing the income earned the previous year. Please review that document and report any discrepancies as soon as possible as changes are difficult to make after the final report is submitted to the Internal Revenue Service.

5. RECORDS MANAGEMENT.

5.1. Records Maintained by Epic National are:

a. Disclosures;

b. Compensation agreements (including listing agreements, buyer representation agreements and other written commission and compensation agreements);

c. Work files;

d. Contracts and related addenda;

e. Receipts and disbursements of compensation for services;

f. Appraisals, broker price opinions and comparative market analyses; and

g. Agreements between Epic National and the Contractor.

5.2. Records Policy. Epic National maintains records for at least 4 years from the: (i) date of closing, (ii) termination of the contract, or (iii) end of a real estate transaction. All records are the property of Epic National. Confidential information regarding Contractors is kept confidential even after the relationship between Epic National and the Contractor has ended.

6. ADVERTISING.

6.1. “Advertising” means any written or oral communication which attempts to encourage members of the public to avail themselves of the services offered by a licensed real estate agent. Advertising does not include communications to individuals who are current clients of Epic National or communications posted on a web page not generally accessible without a password or registration.

6.2. Advertising Restrictions.

a. Contractors must remove an Advertisement about a listed property within 10 days after closing or termination of a listing agreement unless the status of the property is included in the advertisement.

b. Contractors may not:

1. Use Advertisements that are materially inaccurate or misrepresent the sales agent, property, terms, values, services, and policies;

2. Advertise a property subject to an exclusive listing agreement without the permission of the listing broker and without disclosing the name of the listing broker unless the listing broker has expressly agreed to waive disclosure;

3. Advertise a property in a manner that creates a reasonable likelihood of confusion regarding the permitted use of the property; and

4. Advertise in a way that indicates a limitation or preference based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.

6.3. Advertising Compliance.

a. The Contractor is responsible for ensuring all his/her ads comply with:

1. The Fair Housing Act;

2. The Real Estate Settlement Procedures Act;

3. The Truth in Lending Act;

4. The Americans with Disabilities Act;

5. Housing and Urban Development;

6. All MLS and REALTOR Boards;

7. All federal, state, and local laws; and

8. Texas Deceptive Practices Act.

b. All advertising must identify the Contractor as a real estate agent.

c. No terms may be advertised other than those authorized by the property owner.

d. Associates of Epic National wishing to promote another Epic National associate's listing may do so with written permission of that Epic National associate.

e. Contractors may not intentionally solicit business from another Epic National Contractor’s active listing.

f. Any offer to rebate a portion of a commission in an advertisement must disclose that payment of the rebate is subject to the consent of the party represented.

6.1 6.2 6.3 6.4 Company Name and Logo. Use of the Epic National company name or logo is considered advertising and must be approved prior to its use even on social media.

6.5 Use of letters “epicnr”

a. Use of the letters “epicnr” on any website is prohibited. Such use in a domain name or on a social media site must have prior approval from Epic National.

b. Unauthorized online use of “epicnr” may result in removal of the occurrence and/or forfeiture to Epic National with no compensation.

6.6 Contractor Website/Blog

a. Contractors may have independent websites.

b. Websites must have prominent, above the fold branding for Epic National.

c. Contractor owned websites, including blogs, must have a link to http://www.epicnr.com with the Anchor Text being "Epic National Realty." If Epic National owns a website in the local market of the Contractor, then the Contractor’s website must also have a link to Epic

National’s local website with the anchor text being name of the city that website serves followed by “real estate.”

6.7 Domain Names. To preserve the brand, domain names may not use the trademark, Epic National Realty, or any variation thereof without prior written consent of Epic National.

6.8 Business Cards

a. Unless authorized in writing by Epic National, business cards must use the design provided by Epic National.

b. Required information

1. Contractor’s name as found on license;

2. Contractor’s title, which will be listed as REALTOR, Real Estate Professional, Buyer’s Agent, or Listing Agent and can include a professional designation such as CRS, ABR, ePro, etc.;

3. Email address provided by Epic National;

4. Phone number which connects directly to Contractor; and

5. Epic National’s website address, http://www.epicnr.com

c. Optional items:

1. Twitter ID; and

2. Personal and personal business website or Blog,

d. If Contractor elects to publish or advertise his/her association with Epic National on his/her social media accounts, Epic National shall be entitled to monitor Contractor’s social media accounts. Epic National shall have the option to terminate its relationship with Contractor based on review.

7. LISTING AND PROPERTY-RELATED ADVERTISING

7.1. Signs.

a. A complete listing agreement must be uploaded in Dotloop prior to any sign being displayed in front of a listing.

b. Contractors may only use signs, sign riders, directionals, solds, and other listing supportive signage designed or approved in writing by Epic National.

c. Custom sign designs may be submitted to [email protected] for approval.

d. The MLS may require a listing be entered in the MLS prior to posting a “For Sale” sign. Contractors must comply with MLS requirements for reporting a property when it is listed and sold. The Contractor is liable for any fine incurred due to the Contractor’s violation of MLS rules.

e. Epic National reserves the right to require Contractor to remove any and all signs that were not approved by Epic National and/or violate its company guidelines. Contractor shall not be reimbursed for the removed signs. All costs associated with removal will be allocated to the Contractor.

7.2. Print Advertising. All non-changing ads printed in publications such as magazines, newspapers, circulars, etc. must be approved by the broker in advance of publication.

7.3. Online Advertising.

a. Brokers may require a Contractor submit online Advertising to the broker for approval prior to publication.

b. Contractors must upload a copy of all online Advertisements to the applicable listing or property file in Dotloop within one (1) hour of posting the ad.

7.4. Commercial Property. Contractors must receive approval from the broker before listing commercial properties, income properties, or residential properties priced at one million dollars or more.

7.5. Property Management. Property management, business opportunities, and prepayment rental activities are not permitted.

8. ADVERTISING NOT PROPERTY-RELATED

8.1. Contractors may be required to gain broker approval prior to running general Advertisements. Contractors are expected to abide by all state guidelines and requirements for any and all marketing. All marketing material must always be professional in nature, nondiscriminatory, and align with the policies and goals of Epic National and its affiliates.

8.2. General Advertisements are allowed at the sole discretion of Epic National. Epic National may require any Contractor or broker to provide a copy of a proposed or existing ad for review and approval and may also compel any Contactor or broker to remove an Advertisement. Advertisements may be removed if Epic National determines the ad is false, misleading, in poor taste, or reflects poorly on Epic National, its brokers, agents, or staff.

8.3. Any general Advertisement must contain the following statement:

“The statements and opinions contained in this advertisement are solely those of the individual author and do not necessarily reflect the positions or opinions of EPIC NATIONAL REALTY, INC. or its subsidiaries or affiliates (the “Company”). The Company does not assume any responsibility for, nor does it warrant the accuracy, completeness or quality of the information provided.”

9. FINANCIAL CONSIDERATIONS

9.1. Work Agreements. The relationship between Epic National and the Contractor will be governed by the Epic National Realty, LLC Independent Contractor Agreement for Real Estate Agent (“ICA”). Prior to commencing work with Epic National, each Contractor will sign the ICA. All agreements not included within the ICA must be reduced to writing in the form of addenda to the ICA. Addenda to the ICA must be signed before the Contractor commences work with Epic National.

9.2. Commission Disbursements:

a. All compensation paid to a Contractor must be in accordance with all applicable federal and Texas laws.

b. Commission disbursements will not occur prior to Epic National receiving the completed transaction file.

c. Although commissions may be paid directly from escrow, how commissions are dispersed to Contractors is regulated by Epic National.

d. If a Contractor uses Epic National’s Menu of Services on a transaction and the listed fee for services is greater than the commission, the Contractor must pay the difference through a deduction from the Contractor’s future commissions or some other way.

9.3. Earnest Money

a. Earnest money deposits must be made payable to escrow, not Epic National. Earnest money must be deposited within 2 business days of mutual acceptance.

b. A copy of the check or other method of deposit should be uploaded into the appropriate transaction in Dotloop within 3 business days of mutual acceptance.

9.4. Personal Transactions.

a. See Addendum E.

b. Contractor must be in good standing with Epic National to conduct a personal transaction.

c. The name of the Contractor, the Contractor’s business, or a lineal descendant or lineal ancestor of the Contractor must be on the title.

10. REFERRALS

10.1. Inbound Referrals. All third-party referrals are subject to the company split and company cap rules. If the inbound referral payment was a result of a company generated lead, then an additional referral fee of 25 – 35% applies.

10.2. Outbound Referrals.

a. All outside referral payments must have supporting referral agreements included in the file. If Epic does not have a supporting referral agreement, one must be provided to Epic Nation prior to closing.

b. Outbound Referral Fees are taken off the top of a transaction and paid to the Referral/ Relocation Companies.

c. If a lead is also generated by Epic National, then the lead is subject to the Epic National generated lead program internal referral fee as well as the company split and cap rules.

d. A Contractor may not do ongoing outbound referrals as a method of effectively reducing the company dollar percentage. In the event the Contractor is referring a large percentage (in the opinion of Epic National) of his/her business to another firm, the Epic National may require that Contactor provide documentation showing equitable work being completed by the other agent and firm to the transactions in question. If, in the opinion of Epic National, equitable work is not being completed by the other firm or agent, Epic National will withhold the company dollar percentage and/or transaction fee on the entire transaction before paying the outbound referral.

10.3. Sharing Commissions. A Contractor may request to share commissions by submitting a referral agreement to the Contractor’s broker, a form of which is on the Epic National company website.

10.4. Disclosure of Epic National Affiliated Businesses. Contractors must disclose all Epic National affiliated businesses.

10.5. Cooperating Brokerages. Contractors should offer cooperative compensation to buyer agents. However, Epic National does not offer compensation to subagents.

10.6. Three Referrals. Our goal is to always provide three referrals. However, if Contractor provides less than three referrals under this Agreement, Contractor hereby acknowledges and agrees to release and hold harmless Epic National Realty, LLC, their respective brokers, agents, officers, employees, committees, and volunteers from and against all liability, loss, damages, claims, or actions (including legal costs and attorney’s fees) for any bodily injury and/or property damage to the extent permissible by law arising from or related to his or her referral to any and all service providers, brokers, contractors, and any other person or business before, during, or after Contractor’s affiliation with Epic National Realty, LLC.

11. FIDUCIARY DUTY

11.1. Duty to Principal. An agent owes the highest fiduciary duty to the principal. An agent’s duty includes:

a. Loyalty to the principal;

b. Honesty;

c. Confidentiality of sensitive information;

d. Reasonable care in performance of assignments; and

e. Accurate accounting of financial affairs.

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 11.1. 11.2. Relationships. Contractors may: (i) represent Principals, and (ii) assist others with whom no agency relationship exists within the scope of this Agreement unless prior authorization is obtained from the Principal expanding the scope of Agent’s responsibilities. Contractors must provide all parties with a clear explanation of the relationship as being one of the following:

a. A client, being represented as a principal by the agent;

b. A customer, with no agency relationship, but receiving assistance;

c. An unrepresented party, with no agency relationship and receiving no assistance

d. Avoiding self-dealing transactions and business practices;

e. Acting within scope and authorization of the Principal;

f. Acting in conformity with standard business practices; and

g. Notify Principal of a breach or imminent breach of fiduciary duty by another agent upon gaining actual knowledge of such.

11.3. Disclosure as Sales Agent. Contractor must disclose his/her status as a real estate agent in writing, either before entering into any sales contract or lease or within the sales or lease contract itself. Contractor will also comply with the National Association of REALTORS® Code of Ethics requirements regarding disclosure of interest.

11.4. Mandatory Disclosures. Contractor is solely responsible for making and distributing any and all required disclosures to his/her clients. Epic National is not responsible for any and all claims, litigations, costs, expenses associated with or arising from Contractor’s failure to make any and all required and proper disclosures. Contractor hereby agrees to indemnify and hold Epic National harmless from any and all claims, costs, and expenses, including but not limited to claim, litigation costs and attorney’s fees, associated with, or arising from Contractor’s failure to make any and all required and proper disclosures.

11.5. Verification of No Existing Representation. Before representing a party, Contractor must determine that the party is not currently represented. A Contractor may not interfere in any way with an existing exclusive agency relationship or suggest to the party how to terminate the relationship. A violation of this provision permits Epic National to review its relationship with Contractor.

11.6. Explain Agency Concepts. When an agency relationship between a Contractor and a client appears likely to exist, the Contractor will inform the client of the following:

a. The Contractor cannot bind the Principal. The Principal will be required to approve, in writing, all materials, terms, and conditions of any transaction;

b. The terms and conditions under which the Contractor expects to receive compensation;

c. The date and, if relevant, the time when the agency relationship begins;

d. The authority the Contractor is granted including, but not be limited to:

1. The creation and use of marketing, advertising or other promotional displays related to the property and its owner; and

2. Access to the property for the Contractor and others, including brokers, sales agents, inspectors, and the public;

e. The terms and conditions under which confidential information may and should be disclosed to others;

f. The efforts the Contractor will use to market or locate a property;

g. The duties of the Contractor to disclose information that might affect a buyer’s or seller’s decision; and

h. The duties of accounting for monies or other things of value by the Contractor

Contractors will comply with the National Association of REALTORS® Code of Ethics requirements regarding the necessity of written agreements including, but not limited to, Article 9.

11.7. Disclosure of Representation. Contractors must disclose who they represent at the first contact with another party, or with a broker or sales agent who represents a different party (including at open houses). The disclosure of representation may be made orally or in writing. If the disclosure is made orally, it must be confirmed in writing in the contract or lease or other written document not later than the time of execution of the contract or lease.

11.8. Presentation of Offers. Contractors will inform the client of all offers received to buy, sell, lease, or rent property as quickly as possible until the client accepts an offer in writing or the Contractor’s relationship with the client is terminated.

11.9. Disclosure to Principals. Contractors will convey to their Principals all known information that would affect the Principal’s decision on whether to make or not make, accept, or reject offers, and all other significant information applicable to the transaction.

11.10. Disclosure to Buyers. Contractors will disclose, in writing, any known significant defect to the property to a potential buyer that would be a significant factor to a reasonable and prudent buyer in deciding to purchase the property.

11.11. Confidentiality. Contractors must maintain all confidential information of all parties. Only the appointed Contractor may offer opinions and advice to the party to whom appointed.

11.12. Decision to Terminate Representation. Contractors must consult their broker before terminating an agency relationship. The broker will make the final decision regarding termination and any necessary actions involving financial settlement between the parties.

11.13. Actions Upon Termination of Representation. Upon the termination of the agency relationship with the client, Contractors must immediately cease acting as the client’s representative and comply with the following no later than three days after the termination of representation:

a. Cease all advertising about the property.

b. Remove all signs from the property;

c. Remove all MLS listings concerning the property;

d. Remove all information about the property from websites controlled by Contractor or broker; and

e. Cease publication of all other communication in any form about the property.

11.14. Epic National Realty Leads and Clients Upon Termination. If Epic National Realty or Contractor terminates the relationship, all leads generated by Epic National Realty remain with Epic National Realty.

All listings signed with Epic National Realty remain contracted by Epic National Realty. No additional bonus’ will be paid or accrued if the Contractor or Epic National Realty terminates the relationship. Any unpaid expenses, office dues, or debts paid by Epic National Realty on behalf of the Contractor will be due at the time of the termination of relationship and/or deducted from any commissions owed to Contractor.

If there are active listings or buyers that have not yet closed and these clients were not personal clients of the Contractor but were assigned to the Contractor from Epic National Realty’s marketing efforts, there will be a deduction from the Contractor’s commission that will be determined at the time of separation. A new Contractor will need to be assigned to the client or clients to service them until closed. These deductions will be negotiated and discussed during the termination and based on how much effort and time the new Contractor will incur and what percentage of completion the transaction is at.

12. POLICIES AND PROCEDURES UPDATES AND REVIEW.

12.1. Each Contractor will review this Policies and Procedures Manual at least once per quarter.

12.2. Notices emailed to Contractors regarding changes to the Policies and Procedures Manual will be considered constructive notice that changes have been made to this document.