SCR encourages BICs and their associated licensees to get their written separation agreements in place before separation occurs and while relationships are on good terms.
Manage separation expectations in written legal agreements.
Everyone will eventually separate.
Agents move brokerages, brokerages merge/dissolve, business gets good, business declines, people retire, people change careers, life happens, people get sick, people pass on, people move between cities/states, etc.
SCR legal can help get these documents written.
SCR offers some standard forms on the BIC Independent Contractor Agreement.
SCR offers Brokerage Policy Manual and Editable Template.
SCR offers training.
SCR offers a hotline for disputes.
SCR offers mediation services when disputes occur.
Currently, SCR offers FREE Zoom mediation.
Ultimately in unresolved disputes, expensive lawyers and litigation may be required to solve disputes.
While SCR offers arbitration, internal disputes are often too legally complex for five REALTORS® sitting on the SCR arbitration hearing panel to rule, meaning your dispute may be a better fit for lawyers and litigation with a judge. Also, these disputes are voluntary arbitration, meaning that one partie can refuse to arbitrate.
All separation issues for agents and brokerages can arise between agents and their team.
Common disputes on the hotline during separation.
What happens to commission splits?
Poaching brokerage clients.
Poaching other agents.
Access to files.
What can be said to brokerage clients.
What cannot be said to brokerage clients.
License law issues.
REALTORS® ethics issues.
Who gets assigned to shepherd the deal to closing?
How does the assigned agent get paid?
Independent contractor agreements.
What happens to pendings?
What happens to leads?
Squirreling away leads, pendings, clients before "jumping ship"
Future deal making with the same people after the separation.
Notice of the move.
Minimize public communications issues.
SC Bar Lawyer Referral Service
800-868-2284 ($50 initial consult, legal aid info available)
Posted by: Byron King on 4/30/21 (This information is only accurate as of 4/30/21. You must contact SCR for updates and changes to this information after 4/30/21 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)