Tony and Suzanne Marriott's Phoenix Arizona Real Estate Blog

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To play well together you both must know the rules! Part 1 of a series

One of the questions that comes my way frequently and often is - how do you go about building a team?  One key element of any long term successful team is both the Team Leader - or in the language of Keller Williams - the Rainmaker Team Leader - and the Team Associate MUST have a clear understanding of what each party is committing to, and that understanding needs to be in writing.  It's amazing how recollections can change if there is no document to refer to!  In this, the first of a series, I'm going to share a "generic" version of the Buyer Associate Agreement that The Marrriott Group uses, as well as provide additional commentary on the reasons for the various sections and real-life examples of why some of them exist.

DISCLAIMER:  This agreement has been reviewed by five brokers in Arizona, and is valid in Arizona.  You would need to check with your broker and/or attorney to see if it is valid in your state.

The first KEY POINT to recognize is that both the Team Leader and the Buyer Associate are Independent Contractors.  In order to ensure the IRS does not take a different view and start treating them as employees, the Buyer Associate Agreement is a documentation of mutual commitments made by both parties - and the only recourse for violation of these commitments is to terminate the agreement - once you start insisting on an Independent Contractor behaving like an employee, it's only a matter of time before you get a visit from the taxing authorities!

The Agreement

Page 1 of the 11 page agreement is essentially a cover page that speaks in big bold language to the prospective Buyer Associate - cautioning them to think carefully before signing the agreement.

THE MARRIOTT GROUP AT

KELLER WILLIAMS REALTY

PROFESSIONAL PARTNERS

INDEPENDENT CONTRACTOR AGREEMENT

FOR "BUYER ASSOCIATE"

ATTENTION BUYER ASSOCIATE!!

You are entering into a legally binding agreement.

•1.     Read the entire Agreement before you sign it.

•2.     Be sure you fully understand the commitments you are making under this agreement and the commitments The Marriott Group is making under this agreement.

•3.     Be sure you fully understand that this is an Agreement between two Independent Contractors, and not an employment agreement.

•4.     Be sure you fully understand that this written Agreement cannot be altered or modified based solely on verbal discussions.  Any changes must be made in writing and signed by both parties to the Agreement.

•5.     If you are unwilling or unable to fulfill any of the commitments you are making under this agreement, DO NOT SIGN this agreement.

As obvious as this seems, the last thing you want to hear should there be a parting of the ways is "I really didn't read it thoroughly" or "I didn't understand what I was signing".  This page is your defense to counter such statements should a Buyer Associate choose to leave the team and want to violate any of the terms of the agreement without you having recourse.

Changed Mind

Here is a link to Part 2

About the Authors - Updated 2018

If you are considering a Traditional or Short Sale of your home in Phoenix, Scottsdale or any location in Maricopa County Arizona, you owe it to yourself to talk with Haven Express @ Keller Williams Arizona Realty to determine whether Tony and Suzanne Marriott are the best real estate Brokers in the Phoenix and Scottsdale metropolitan area to help you with the Successful Sale of your home.

Tony and Suzanne have personally Listed, Sold and Closed more than a hundred Short Sales with the highest list to close rate in the Phoenix Metro Area!

Tony Marriott - Chief Executive Officer - Haven Express @ Keller Williams Arizona Realty

Suzanne Marriott - Chief Learning Officer - Haven Express @ Keller Williams Arizona Realty

Associate Brokers, REALTORS
Haven Express
Keller Williams Arizona Realty

Comments

I think this is the end of the prelims and now we get to the nitty gritty!
Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) over 12 years ago
Tony - A truly excellent series on this agreement which I know went through many drafts and revisions, edits from several brokers, and has passed the legal counsel "test"!  Wonder if anyone else out there has some ideas to contribute that would enhance it even more?
Posted by Suzanne Marriott, Associate Broker, CLHMS, e-PRO (Keller Williams Arizona Realty) over 12 years ago
Putting an agreement in writing --that's a point that is well taken.  You are bookmarked!
Thxs for charing and caring!
Posted by Aziz Abdur-Raoof, Howard Co. Real Estate Scoop (RE/MAX Rewards) over 12 years ago
Aziz - Thanks for stopping by - glad it helps!  Tony
Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) over 12 years ago

I like EVERYTHING in writing that is part of an agreement between 2 or more people!

 

Posted by 1~Judi Barrett, BS Ed, Integrity Real Estate Services -IDABEL OK (Integrity Real Estate Services 118 SE AVE N, Idabel, OK 74745) over 12 years ago
Judi - Very important to get that up front - otherwise there may be a mess to clean up later.....
Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) over 12 years ago
I was curious to know how many agents do you go through, if at all, before you find one that fits your team?
Posted by Ronda Ching Day, Call "Help Me Ronda" for your Real Estate Needs! (Coldwell Banker Pacific Properties) about 12 years ago

I must say, Tony, that you are the embodiment of the KW spirit.  Your sharing of this contract, with all the time, tears and trouble that must have been expended in its creation, is way above and beyond.

"Thanks" is inadequate, but is offerred sincerely.

Posted by John Summers (Keller Williams) about 12 years ago
Ronda - Of the recruits we talk with, probably 1 out of 10 is a good fit.  It has to be a good fit for the recruit and the team.
Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) about 12 years ago
John - Thanks for the very kind words!
Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) about 12 years ago
Tony, and outstanding job and it's great to make sure people understand what they are signing and committing to in an organization.
Posted by Ray Nellum, Fort Smith Real Estate (Envision Real Estate Group, LLC.) over 11 years ago

Tony:  I learned the hard way about teams in the past--no contract = unhappy contractors!  I am in the process of starting my own team and I love your 'Rainmaker Teamleader' title!!  I'm taking the process very slowly and working on contracts with an attorney so that everyone will feel comfortable.  I want my team to be happy AND productive and to want to retire as a team member!  I'm trying to avoid the revolving door syndrome and create a good solid team.  Thanks for the post--I'll be keeping up with your series.

Posted by Debe Maxwell, CRS, Charlotte Homes for Sale - Charlotte Neighborhoods (www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310) over 11 years ago

Ray Nellum I was remiss in the early days - just now catching up with comments from blog posts since day 1 - thanks for the comment - hope you are still in the 'Rain!   

Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) almost 4 years ago

Debe Maxwell I was remiss in the early days - just now catching up with comments from blog posts since day 1 - thanks for the comment - hope you are still in the 'Rain!   

Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) almost 4 years ago

Enjoyed this post and want to read more - try this one - Peacocks and Pickles for Christmas 2015!  Wishing you a prosperous and Happy New Year!

Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) over 3 years ago

Enjoyed this post and want to read more - visit our website  - HavenExpress.com - where all your questions about buying and selling residential real estate in Arizona are addressed!

Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) over 3 years ago

Planning to sell your home in Scottsdale, Arizona?  Give us a call for a free, no obligation, consultation!  Haven Express

Listed, Sold and Closed 100% of listings taken (dozens of them) since June 2011!

Real Estate.  It's What We Do. Best!

Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) over 3 years ago

Planning to sell your home in Scottsdale, Arizona?  Give us a call for a free, no obligation, consultation!  Haven Express

Listed, Sold and Closed 100% of listings taken (dozens of them) since June 2011!

Real Estate.  It's What We Do. Best!

Posted by Tony and Suzanne Marriott, Associate Brokers, Serving Scottsdale, Phoenix and Maricopa County AZ (Haven Express @ Keller Williams Arizona Realty) over 3 years ago

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