AARE Knowledge Base Community

What do you need to know?
268 policies from the Nationwide edition Best Practices Manual.
Common questions
Guides
View allGrow your business
Practical paths for building your AARE practice.
- Joining AAREYour first 30 days: setup, training, tools, and how you get paid
- Commercial real estateLearn commercial sales and leasing, with mentors in every state
- SyndicationsGroup investing: how AARE syndication groups work and how to get trained
- Lending with EnsureMortgage lending through Ensure, becoming a loan officer, and RESPA rules
- Property managementManaging rentals with AARE: training, AppFolio, leases, and trust funds
- Business salesSelling and buying businesses: AARE's business opportunities service line
Policies by topic
- Commissions, fees & getting paid
- Taking a listing
- Buyers, showings & offers
- Paperwork & file compliance
- Disclosures & material facts
- Agency & dual agency
- Fair housing & discrimination
- Advertising, social media & websites
- Personal safety
- Environmental hazards
- Deposits & trust funds
- Complaints, disputes & lawsuits
- Ethics & misrepresentation
- Office, hours & contacts
- Assistants, teams & TCs
Full manual
View as one page- Section overview
- 4.1Real Estate Office Business Hours
- 4.2Transaction Support Hotline Hours
- 4.3Observed Holidays
- 4.4Contacting the Company
- 4.5Teamwork Encouraged
- 4.6Selfish Behavior Discouraged
- 4.7Substance Use
- 4.8Smoking
- 4.9Company Meetings
- 4.10Training Program and Schedule
- 4.11Office and Conference Room Appearance
- 4.12Conference Rooms
- 4.13Optional Desks and Private Offices
- 4.14Office Equipment
- 4.15Dress Code
- 4.16Eating in the Work Area
- 4.17Parking
- 4.18Keys and Access Cards
- 4.19Office Security
- 4.20Working at Home
- 4.21Changes in Contact Information
- 4.22Company Supplied Items
- 4.23Business Cards
- 4.24Sign Policy
- 4.25Telephone Policy
- 4.26Caravans
- 4.27Fees, Bonuses and Commissions
- 4.28Deductions
- 4.29Monthly Advances/Draws
- 4.30Trust Funds
- 4.31Trust Fund Records To Be Maintained
- 4.32Commingling & Conversion
- 4.33Operations Account Reconciliation
- 4.34Safe Work Environment
- 4.35Safe Driving
- 4.36Personal Transactions
- 4.37Vacation/Leave Time for Associates
- 4.38Extended Leaves of Absence
- 4.39Jury Duty
- 4.40Injury at Work
- 4.41Antitrust Policy
- 4.42Antitrust Guidelines Recap
- 4.43Transaction Coordinators & Auditors
- 4.44Risk Management and Errors & Omissions (E&O) Fee
- 4.45Associate Business Expenses
- 4.46Performance Evaluations, Status Reports & Termination of Inactive Associates
- 4.47Associate Vehicle
- Section overview
- 6.1General
- 6.2Designated Broker, Manager or Designee Review
- 6.3Get It in Writing
- 6.4Online Document Storage (Google Drive) & Custom @AARE.ORG Email Address
- 6.5Paperwork Procedures Nationwide & State Specific
- 6.6Paperwork Procedures for Residential and Commercial Purchase Transactions
- 6.7Paperwork Procedure for Residential and Commercial Listing Transactions
- 6.8Paperwork Procedure for Residential and Commercial Lease/Property Management Transactions
- 6.9Do Not Use Outdated Forms
- 6.10Document Destruction & Shredding – Pricing & Locations
- 6.11The Listing/Management Commission Agreement
- 6.12Regulators, Government Officials – Inquires/Visits/Subpoenas
- 6.13State Real Estate Regulator, Commission or Department Audits
- Section overview
- 7.1Proprietary Information
- 7.2Sharing Information
- 7.3Online Privacy Policy
- 7.4Fair Housing
- 7.5Agency Relationships and Duties
- 7.6Buyer Qualification Policy
- 7.7Farming
- 7.8Listing Presentations
- 7.9Taking Listings
- 7.10Listing Procedures
- 7.11Negotiating Commissions
- 7.12Commission Charges
- 7.13Advance Fees
- 7.14Other Listing Terms
- 7.15Sellers Refusing to Sign Exclusive Right to Sell Listing Agreement
- 7.16Disclosure of Material Facts
- 7.17Property Disclosure Statements
- 7.18Conducting Open Houses
- 7.19Showing Properties
- 7.20Property Insurance Issues
- 7.21Drafting and Negotiating Contracts
- 7.22Purchase Sale Contract Policy
- 7.23Loan Modification
- 7.24Property Management
- 7.25Loan Origination
- 7.26Gifts
- 7.27Out-Of-State or Out-Of-Country Business
- 7.28Referral Fees
- 7.29Power of Attorney
- 7.30Cooperation and Compensation Policy
- 7.31Telephone Solicitation Policy - Do Not Call Compliance
- Section overview
- 10.1State, Federal, & Regulatory Agencies
- 10.2Department of Real Estate Commissions & State Regulators
- 10.3Professional Organizations – NAR, State Board, and Local Board
- 10.4Code of Ethics
- 10.5Standards of Ethical Conduct & Behavior
- 10.6Protecting the Interest of the Client
- 10.7Client vs. Customer
- 10.8Duties Owed To A Third Party
- 10.9Compensation and the Creation of Agency Relationships
- 10.10Agency Disclosure Law
- 10.11Refusal of Seller or Buyer to sign the Acknowledgement of Receipt
- 10.12Undisclosed Dual Agency
- 10.13Dual Agency Considerations (if permitted in your State)
- 10.14Terminating an Agency Relationship
- 10.15Breach of Duties
- 10.16Misrepresentation
- 10.17Non-Disclosure
- 10.18Conflict of Interest
- 10.19Prohibited Conduct With Respect to Clients and Customers
- 10.20Misrepresenting Market Value
- 10.21Misrepresentation of Savings or Benefits that might be realized through the use of a REALTOR®
- 10.22Misrepresentation vs. Puffing
- 10.23Misrepresenting Presentation of Offers
- 10.24Disclosure of Terms or Price on Existing Offers
- 10.25Disclosure of Company Policies Relating to Commissions
- 10.26Misrepresenting that Commissions Are Not Negotiable
- 10.27Misrepresenting Relationships with Individual Broker
- 10.28Misrepresentation of Closing Costs
- 10.29Misrepresentation of Buyer Qualification
- 10.30Altering a Document by Adding Unauthorized Changes
- 10.31Misrepresenting the Form, Amount, or Treatment of Deposits
- 10.32Misrepresenting the Size of the Property
- 10.33Failure to Disclose Dual Agency
- 10.34Failure to Submit Offers In A Timely Manner
- 10.35Presentation of Competing Offers
- 10.36Failure to Submit Additional Offers after Seller Has Accepted an Offer
- 10.37Disclosure of Existence of Other Offers
- 10.38Preserving Confidential Information
- 10.39Material Facts Must Be Disclosed
- 10.40Non Disclosure of Material Facts
- 10.41Failure to Explain Offer Contingencies
- 10.42Explaining Agreements Generated by Electronic Transmission
- 10.43Conflicts of Interest
- 10.44Referral Fees or Kickbacks Are Prohibited
- 10.45Duty to the Public
- 10.46Providing Competent Services
- 10.47Ethical Advertising
- 10.48Sharing Information and iFraming on the Internet
- 10.49Offering Prizes, Inducements, and Free Services (if permitted by your State)
- 10.50Offering Property for Sale without Authority
- 10.51Name of Firm Must Be Disclosed in Advertising
- 10.52Disclosure of License Status
- 10.53Unauthorized Practice of Law
- 10.54Cooperation in REALTOR® Professional Standards Hearings
- 10.55Duties to All REALTORS®
- 10.56Making False or Misleading Statements about Competitors
- 10.57Interfering with Agency Relationships
- 10.58Real Estate Commission Complaints
- 10.59Restricted or Temporary Licenses (term varies by State)
- 10.60Pending, Closed or Potential Lawsuits
- 10.61Signing Agreements with Third Parties
- 10.62Continuing Education
- 10.63Written and Oral Exams
- Section overview
- 14.1Risk Reduction Policies
- 14.2Compliance with All Laws, Rules, and Regulations
- 14.3Compliance with This Policy Manual
- 14.4Physical Condition of Property
- 14.5“Stigmas” on Property
- 14.6Documentation of Disclosure
- 14.7Use of Experts and "Recommendations"
- 14.8Managing Risk and Liability Training
- 14.9Use of Legal Counsel
- 14.10Errors and Omissions Insurance
- 14.11Complaint Handling Procedures
- 14.12Adoption and Enforcement of Written Policies
- 14.13Sharing Current Legal Situations at Meetings
- 14.14Risk Anticipation
- 14.15Documentation and Record Keeping
- 14.16Risk Control
- 14.17Risk Shifting
- 14.18Managing Internet Risks
- 14.19Privacy Issues
- 14.20Common Areas of Risk
- 14.21Associate Supervision
- 14.22Avoiding the Unauthorized Practice of Law
- 14.23Contract Law Liability
- 14.24Attorney’s fees
- 14.25Specific Performance
- 14.26Intentional Concealment
- 14.27Offering Opinions
- 14.28Real Estate Settlement Procedures Act
- 14.29Prohibited Settlement Practices: Kickbacks, Fee-Splitting, Unearned Fees
- 14.30RESPA Section 9 - Seller Required Title Insurance
- 14.31Real Estate Law
- 14.32Potential Liabilities
- 14.33Potential Liability Relating to Agency Relationships
- 14.34Breach of Fiduciary Duties
- 14.35Potential Liability Relating to Fair Housing
- 14.36Prohibited Actions
- 14.37The Role of Federal, State, and Local Governments in Fair Housing Law
- 14.38Disability
- 14.39Fair Housing Laws as Applied to Those with Disabilities
- 14.40Familial Status
- 14.41Fair Housing Practices (Definitions)
- 14.42Potential Liability Relating to Environmental Issues
- 14.43Potential Liability Relating to Antitrust Law Violations
- 14.44Reducing Antitrust Liability
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