229 Peachtree Street NE - Fillanypdf

Transcription

229 Peachtree Street NESuite 1000 - International TowerAtlanta, GA 30303-1605Phone: 404-656-3916Fax: 404-656-6650www.grec.state.ga.usGeorgia Real Estate CommissionGeorgia Real Estate Appraisers BoardReal Estate Change ApplicationThis form can be filled out on-line. Print TWO copies: one to sign and submit for processing and one for your records. If a fee and/ordocumentation are required, attach to the application and mail to the address above. Once the completed application, including allsupporting documents, is received the application will be processed within 15 business days. An application that requires abackground investigation may require considerable additional time to process. Incomplete applications will be returned unprocessedand result in a 25.00 charge.Salespersons / CAMS Complete sections A, B, C, E, F and Sign in Section G of this application.Brokers Complete sections A, B, D, E, F and Sign in Section G of this application.Attach any supporting documentation, if required, in Section F.Individual InformationSection AFull NameLicense NumberPhone NumberSection BChange InformationAddress / Phone numbers can also be changed instantly by logging in at yCountyZip CodePhone NumberMailingAddressStateCityCountyZip CodePhone NumberFax NumberChange my NamePrint New NameUse this name to sign Section F of this applicationSend a replacement wall certificate and pocket cardLicensee is deceasedAttach a copy of the obituary or death certificate.FOR OFFICE USE ONLYRec DtGREC Change App (04-2007)Rec ByFeeProc By & Proc DtPage 1 of 4CodesReset FormEducINVPrint FormLic#

Georgia Real Estate CommissionGeorgia Real Estate Appraisers Board229 Peachtree Street NESuite 1000 - International TowerAtlanta, GA 30303-1605Phone: 404-656-3916Fax: 404-656-6650www.grec.state.ga.usOnly For Salespersons / CAMS - License Status RequestSection CNOTE: If your license is inactive and continuing education credits are current, this application will activateyour license. Your wall license and pocket card will be mailed to your broker.Inactivate my licenseActivate my licenseThe Broker must release you from the firm. Proceed to section E and complete part AThe Broker must affiliate you with a firm. Proceed to section E and complete part B.Transfer my license The Broker must release you from the current firm and then your new Brokermust affiliate you with a new firm.Proceed to section E and complete parts A and B.Section DOnly for Brokers and Associate Brokers - License Status RequestINDICATE THE LICENSE STATUS YOU NEED THEN FOLLOW THE INSTRUCTIONSDEPENDING ON THE ANSWER YOU CHOSE:ACTIVEINACTIVE1. Indicate the status requested.If Active, proceed to # 2If Inactive, proceed to # 62. Are you going to become an Associate Broker at a firm?If Yes, proceed to Section E and have Broker complete part BIf No, proceed to # 3YESNO3. Are you transferring, as an Associate Broker from one firm to another firm?If Yes, proceed to Section E and have Broker complete parts A & BIf No, proceed to # 4YESNOYESNO4. Are you remaining active at a firm(s) while surrendering a role as Associate Broker,or Broker, at another firm?If Yes, proceed to Section E and have Broker complete part ANOTE: If a firm license needs to be placed inactive or closed, submit a Firm Change ApplicationIf No, Proceed to # 55. Are you activating, as the Broker, back to the same firm as when your licensebecame inactive?If Yes, proceed to Section E and complete part BYESNONOTE: If a firm license is inactive , submit a Firm Change Application to activate the firmIf No, Submit a 'Change of Qualifying Broker' or 'Open a Firm' Application INSTEAD of this form6. Are you leaving a firm where you are an Associate Broker?If Yes, proceed to Section E and have Broker complete part AIf No, Proceed to # 7YESNO7. Are you leaving a firm where you are a Broker?If Yes, proceed to Section E and complete part AYESNONOTE: If a firm license needs to be placed inactive or closed, submit a Firm Change ApplicationGREC Change App (04-2007)Page 2 of 4Reset FormPrint Form

Georgia Real Estate CommissionGeorgia Real Estate Appraisers BoardSection E229 Peachtree Street NESuite 1000 - International TowerAtlanta, GA 30303-1605Phone: 404-656-3916Fax: 404-656-6650www.grec.state.ga.usAffiliate / Release InformationA. I hereby release the above individual from this firm. (If you are the Broker, you will release yourself.)FirmLicense #:Firm NameFirm PhonePrint BrokerName:Broker SignatureDateB. I hereby affiliate the above individual with this firm. (If you are the Broker, you will affiliate yourself.)I hereby affiliate the above individual to this firm and certify that the individual has entered into the written agreement required bySubstantive Regulation 520-1-.07(5).Firm Name:American Realty Professionals, Inc.Print BrokerName:A. Shane MaskFirm License #:Firm PhoneNew BrokerSignatureH-46229770-929-1136DateSection e to disclose any conviction, nolo contendere plea, or first offender sentence is grounds for denial of your license.A background investigation is extensive and will require additional time before the license is issued. Additionalinformation about the Background Clearance is located on the website at www.grec.state.ga.us(1) Have you ever been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with (1)any criminal offense other than a traffic violation or (2) any traffic violation that involved driving under the influence of alcohol ordrugs, homicide or feticide by vehicle, fleeing the scene of an accident, attempting to elude a police officer, or impersonating a lawenforcement officer?YES (Documentation Attached)YES (On File at GREC)NOYou must answer YES to this question even if:(a) you have been pardoned for a criminal offense;(b) anyone (lawyer, teacher, broker, government official, etc.) has told you that: (1) the offense is not, or is no longer 'on record', (2) the offense hasbeen expunged from your record, or (3) you do not have to disclose the offense, (4)your civil and political rights have been restored, or (5) anysimilar statement that appears to suggest your 'record' has been cleared; or(c) the conviction is not reported by the Georgia Crime Information Center (GCIC) or the National Crime Information Center (NCIC).SECTION DCERTIFICATIONIf yes and not on file, you must attach:(a) the citation, accusation, information, or indictment that led to the conviction, and(b) a certified copy of the sentence / final disposition of every conviction(c) an explanation of the circumstances surrounding every conviction(d) three letters of recommendation from individuals not related to you by birth or marriageGREC Change App (04-2007)Page 3 of 4Reset FormPrint Form

Georgia Real Estate CommissionGeorgia Real Estate Appraisers Board229 Peachtree Street NESuite 1000 - International TowerAtlanta, GA 30303-1605Phone: 404-656-3916Fax: 404-656-6650www.grec.state.ga.us(2) Have you ever been disciplined by the Georgia Real Estate Commission and Appraisers Board or any other state or federallicensing agency or authority which regulates any profession? (Disciplinary actions include, but are not limited to, such actions as:a reprimand, a suspension, a revocation, a fine, or any restriction placed on a license.)YES (Documentation Attached)YES (On File at GREC)NOIf yes and not on file, for every disciplinary action attach:(a) a certified copy of the final order of the licensing agency that imposed thedisciplinary action, and(b) any allegations that preceded the final order(c) an explanation of the circumstances surrounding every sanction(d) three letters of recommendation from individuals not related to you by birth or marriageSection GCertificationI hereby authorize a representative of the Georgia Real Estate Commission to periodically obtain and receive any criminalhistory record information and/or full lifetime driver history record information pertaining to me which may be in the files of anyfederal, state, or local criminal justice agency.I hereby agree not to engage in, conduct, advertise, or hold myself out as engaging in or conducting real estate brokerage activityin Georgia until I receive my wall certificate.If leaving a firm, I have fully complied with Substantive Regulation 520-1-.07(5).I hereby certify the information provided in this application is true to the best of my knowledge and belief.LicenseeSignatureGREC Change App (04-2007)DatePage 4 of 4Reset FormPrint Form

Associate ProfileName: (as appears on license)Familiar Name:Date of Birth:Social Security #: - -PhoneCell:Home:Email:Fax / efax Number: Website:AddressPhysical:Mailing:Emergency ContactName: Number: Relationship:Real Estate License Information:License #: License Type:Issue Date: Renewal Date:Office OnlyHire Date:MLS ID:Email Alias:Plan/Fee:Corporation:FMLS ID:Lucero Number:Form of Pymt:(Version 5/20/2009)

INDEPENDENT CONTRACTOR AGREEMENTTHIS AGREEMENT made and entered into between American Realty Professionals, Inc., and, whose address is ,GA , Social Security on the (day) of(month) of (year).WITNESSETH:WHEREAS, American Realty Professionals, Inc., is operating a real estate brokerage business inthe State Associates at the above address; and, WHEREAS, Contractor has been issued, or hasapplied for a real estate (Salespersons/Associate Broker's) license issued by this State and isdesirous of availing himself/herself of the services, facilities, programs and opportunities offeredby American Realty Professionals, Inc. NOW, THEREFORE, in consideration of the promises,mutual covenants and agreements herein contained, it is hereby agreed as follows:1. TERM.Except as otherwise provided in Section 10 below, this Agreement shall be for a period of one (1)year beginning the effective date written above, and may be renewed for additional one (1) yearperiods by mutual agreement, utilizing the then current Uniform Independent Contractor'sAgreement, and upon the timely payment by Contractor of the agreed upon fees. In the event norenewal agreement is executed and Contractor continues to work as a sales agent for AmericanRealty Professionals, Inc., this Agreement shall be deemed to be extended and the parties agreeto be bound by all of the terms, provisions and conditions of this Agreement as if it had notexpired.2. INDEPENDENT CONTRACTOR.A. Contractor shall be deemed to be an Independent Contractor. Contractor shall be free todevote to his/her real estate brokerage business such portion of his/her entire time, energy,efforts and skill, as he/she sees fit. Contractor shall not be required to keep definite office hours,attend sales meetings or training sessions, adhere to sales quotas or participate in "floor time"Contractor shall not have mandatory duties except those specifically set out in this Agreement.Further, Contractor shall establish his/her own endeavors. Nothing contained in this paragraphshall be regarded as creating any relationship (employer/employee, joint venture, partnership,and shareholder) between the parties other than as set forth herein.B. FAIR HOUSING. Contractor is hereby given notice that American Realty Professionals, Inc.subscribes to the Fair Housing Laws of the United States of America and the State of GA.Contractor acknowledges that any person convicted of violating any provisions of the State and/orFederal Fair Housing Laws is guilty of a misdemeanor for each such violation and a real estatesalesperson or broker could lose his or her license to sell real estate. In addition, any aggrievedperson may institute a civil action against the alleged violator, and a court may grant as relief apermanent or temporary injunction, as well as award the plaintiff actual and punitive damagestogether with court costs and attorney's fees. Contractor acknowledges that it is the policy ofAmerican Realty Professionals, Inc. to comply with all provisions of State and/or Federal FairHousing Laws, and as a condition to the contractor's continued association with American RealtyProfessionals, Inc., the Contractor is hereby instructed to comply with all the provisions of Stateand/or Federal Fair Housing Laws. It is further agreed and understood that American RealtyProfessionals, Inc. will not be required to defend Contractor in a court of law if Contractor isaccused of violating any provision of the State and/or Federal Fair Housing LawsAmerican Realty Professionals, Inc. – Independent Contract’s AgreementInitials1 of 8

C. ANTITRUST COMPLIANCE. Contractor has received notice that American RealtyProfessionals, Inc. subscribes to the following Antitrust Compliance policies:1. The commission rates of our firm are based upon the cost of clients and competitive marketconditions. Our commission rates are not determined by agreement with, or recommendation orsuggestion from, any person not a party to a listing agreement with our firm.2. Salespersons/brokers affiliated with this firm shall not participate in any discussion with anyperson affiliated with or employed by any other real estate firm concerning the commission ratescharged by this firm, or any other real estate firm in our community.3. When soliciting a listing, or negotiating a listing agreement, no salesperson/broker affiliatedwith this firm shall make any reference to a "prevailing" commission level in the community, the"going rate", or any other words or phrases that suggest that commission rates are uniform or"standard" within our marketing area.4. The amount of sub agency compensation or "commission split", offered by this firm tocooperating brokers is determined by the level of service we can expect a cooperating office toperform, and the amount of compensation necessary to induce cooperation under prevailingmarket conditions. Sub agency compensation, or commission splits, are not intended, and maynot be used, to induce or compel any other real estate firm in our marketing area to raise or lowerthe commission they charge to their client.5. When soliciting or negotiating a listing agreement, no salesperson/broker affiliated with thisoffice shall disparage the business practices of any other real estate firm, nor suggest that thisoffice, or any other office, will not cooperate with any other real estate firm. Listing presentationsshall focus exclusively upon the level of service and professionalism provided by this office, theresults we have achieved for other clients, and the value the client can expect to receive for thefees we charge. Potential clients should be invited, and encouraged, to compare the value of ourservices to those of any other real estate firm in our marketing area. Likewise, any salespersonwho is invited by a potential client to compare our services with those of any other real estate firmshould do so by emphasizing the nature and quality of the services we provide.6. Whenever a salesperson is unsure about the proper way to respond to the concerns of anactual or potential client or customer, or whenever a salesperson has been present during anunauthorized discussion of fees or commissions, he/she should contact the American RealtyProfessionals, Inc. Broker or office manager immediately. If necessary, American RealtyProfessionals, Inc. will consult our firm's attorney.D. EARNEST MONEY – American Realty Professionals DOES NOT hold Earnest Money.1. Earnest Money should be held as indicated and agreed to by the parties to the contract.E. RENTAL OF REAL PROPERTY - Contractor must obtain written permission when contractoror spouse of contractor rents personally owned real property. Once written permission isobtained, copy of all communication with the Georgia Real Estate Commission shall be providedback to American Realty Professionals, Inc. from the contractor. An updated list of all personallyowned real property shall be kept updated by the contractor upon all new acquisitions.F. AGENCY RELATIONSHIPS. Contractor has received notice, as set out in Chapter 520-1-08 ofthe Georgia Real Estate Manual, regarding the written disclosure of Agency relationships.American Realty Professionals, Inc. preprinted contracts include said written disclosure in thecontract. Contractor agrees and understands that if a contract other than a preprinted AmericanRealty Professionals, Inc., contract is used in a real estate transaction, it is the responsibility ofthe Contractor to make full written disclosure of their Agency relationship to all parties to thecontract of said transaction.G. WORKMEN'S COMPENSATION. Contractor has received notice that American RealtyProfessionals, Inc. has subscribed to the Workmen's Compensation Statutes of this State. In theCourt or arbitrator should find that Contractor has entered into an employer/employeerelationship with American Realty Professionals, Inc., (which relationship American RealtyProfessionals, Inc., expressly denies), Contractor hereby gives American Realty Professionals,Inc., notice that Contractor elects not to be covered by the Workmen's Compensation Policywhich American Realty Professionals, Inc., has subscribed to and Contractor does hereby waiveclaim to his right of action in common law or under any Statute or other law to recover damagesfor any injuries sustained in the course of his independent contractual relationship. Contractorrejects the coverage provided by the Workmen's Compensation Act.H. Contractor shall not be treated as an employee with respect to the services performedhereunder for federal tax purposes.3. American Realty Professionals, Inc, RESPONSIBILITIES.American Realty Professionals, Inc. – Independent Contract’s AgreementInitials2 of 8

A. American Realty Professionals, Inc. agrees that in consideration of the fees and sharedexpenses to be paid by Contractor, it shall make available to Contractor an office or desk space(excluding Contractor with "an office out of home"), reception area, together with availability oflistings, forms, advertising, telephone and other communications. Contractor shall be given thenon-exclusive use of all such facilities, together with other contractors and employees ofAmerican Realty Professionals, Inc., located in the same premises.B. American Realty Professionals, Inc. shall submit to Contractor a monthly statement reflectingContractor's pro rata share of the shared expenses, fees and financial obligations set forth herein.All commissions payable to Contractor will be collected by American Realty Professionals, Inc.,and transmitted to Contractor as follows: any closing file and commission checks turned into thereceptionist by Contractor by 12 o'clock noon will be processed in a reasonable amount of time.4. CONTRACTOR'S RESPONSIBILITIES.A. Contractor agrees that he/she shall act as an independent real estate salesperson in obtaininglistings for all types of interest in and to real estate, and soliciting purchasers and/or leases andthe like, for said real estate and any interest therein. Contractor agrees that any and all listings ofreal estate or any interest therein and all employment in connection with the purchase, sale,rental or management of real estate or any interest therein shall be taken in the name ofAmerican Realty Professionals, Inc., as required by the rules and regulations of the Real EstateCommission, department or other governmental licensing authority of this State, and such listingsand employment agreements shall be filed with American Realty Professionals, Inc. within one (1)business day after they have been accepted by Contractor. Said listings shall become and remainthe exclusive property of American Realty Professionals, Inc. Upon termination, American RealtyProfessionals, Inc. shall have the option to release listings to Contractor subject to the contractlaw of this State. All listings shall be shared with all other contractors of American RealtyProfessionals, Inc., and Contractor shall have the right to utilize the listings and all other facilitiessimilarly given to American Realty of Georgia by other contractors.B. Contractor shall be responsible for all personal expenses, including, but not limited to,automobile, travel, insurance, entertainment, food, lodging, license fees and dues, income taxes,withholding taxes and the like, which may result from his being licensed and associated withAmerican Realty Professionals, Inc.C. Contractor need only devote such portion of his time and energy as he deems appropriate tothe furtherance of his real estate brokerage business. However, the time and energy soexpended by Contractor shall not alter, or in any way reduce the fees and/or charges for cost andexpenses to be paid American Realty Professionals, Inc., pursuant to the terms of thisAgreement.D. Contractor shall maintain, at his/her expense, general liability (which coverage may be, atContractor's election, added to existing automobile insurance policies) in the face amount ofThree Hundred Thousand Dollars ( 300,000.00) combined single limit of liability; or One HundredThousand Dollars ( 100,000.00) for any one person, Three Hundred Thousand Dollars( 300,000.00) for more than one person arising out of a single accident or transaction and FiftyThousand Dollars ( 50,000.00) for property damage; and, Errors and Omissions Coverage in anamount of not less than One Million Dollars ( 1,000,000.00). Said insurance shall protect theContractor against any liability which may arise in connection with the operation of his businessas a real estate agent. It is understood and agreed that American Realty Professionals, Inc. isresponsible for administering the Errors and Omissions coverage premium as referred to in thisparagraph for the Associates pro-rata share of American Realty Professionals, Inc.' blanketErrors and Omissions Policy. The contractor will be billed monthly for this coverage. All policies ofinsurance to be maintained by Contractor shall contain a separate endorsement namingAmerican Realty Professionals, Inc. as additional insured and shall not be subject to cancellation,except on ten (10) days written notice to American Realty Professionals, Inc. and AmericanRealty Professionals, Inc. Contractor shall cause a Certificate of Insurance with copy of theoriginal policy attached, showing compliance with the above requirements, to be deposited withAmerican Realty Professionals, Inc. on or before the effective date and each renewal date of thisAgreement.E. Contractor shall abide by all national, State, and local laws, governing real estate transactionsand the rules of ethical conduct established by the Georgia Real Estate Commission.F. Contractor recognizes that by execution of this Agreement, Contractor becomes an integralpart of the "American Realty Professionals, Inc. System". Contractor agrees that he will doeverything possible and required to protect and maintain a high ethical standard in the conduct ofhis real estate business. Contractor shall maintain his personal appearance and the appearanceAmerican Realty Professionals, Inc. – Independent Contract’s AgreementInitials3 of 8

of his office in a clean and orderly manner. Contractor shall provide dependable, efficient,courteous, high quality and professional real estate services to the public, of the same highquality and integrity as other American Realty Professionals, Inc. contractors in order to createand maintain goodwill among the public for the entire American Realty Professionals, Inc. systemon an international basis. In this regard, Contractor agrees to strictly observe the most currentoperating procedures established by American Realty Professionals, Inc. Independent Contractoracknowledges that adherence to such procedures is a material consideration for the execution ofthe contract At all times Contractor shall maintain a proper attitude toward the public, AmericanRealty Professionals, Inc. and his/her fellow American Realty Professionals, Inc. contractors, andshall not engage in acts or activities that disrupt the system, its operation or his/her office.G. Contractor agrees to adhere to and abide by all majority decisions and rules of AmericanRealty Professionals, Inc. and its contractors, the decisions and rulings of the Broker/OwnerCouncil, and the rules, regulations, and operating procedures directives of American RealtyProfessionals, Inc.H. Contractor agrees and understands that salaried staff of American Realty Professionals, Inc.are working for the benefit of all contractors at American Realty Professionals, Inc. and thatalthough Contractor may from time to time hire staff for "extra, after hours" work for theContractor, said work will not be discussed or completed during normal business hours ofAmerican Realty Professionals, Inc. Also, Contractor agrees and understands that any form ofsolicitation of American Realty Professionals, Inc. staff to resign their position at American RealtyProfessionals, Inc. will be grounds for immediate termination of Contractor's association withAmerican Realty Professionals, Inc. and a breach of their Independent Contractor's Agreement.I. Contractor shall not hire, employ, contract with or for, retain, license or sponsor for license, any"sub-agent(s)", except as set out in Section 9 of this agreement. Contractor shall not license,sponsor for license or hold the license of any real estate salesperson that is not under directcontract with American Realty Professionals, Inc.J. Contractor acknowledges receipt of the American Realty Professionals, Inc. IndependentContractor's Agreement. Associate agrees to read said agreement and ask Broker/Owners forclarification of any part of the agreement not clearly understood by the Associate. Associatefurther agrees and understands that upon mutual termination of association with this Company,this agreement will be returned to American Realty Professionals, Inc.K. Contractor shall, at his/her expense join a board of realtors, within 30 days of this agreement.Board membership is mandatory and must be renewed on an annual basis in compliance with anapproved board.5. FINANCIAL OBLIGATIONS & COMPENSATIONA. All fees earned by Contractor in connection with the sale, lease, rental or management of realestate and any interest therein shall be collected by American Realty Professionals, Inc. and paidto Contractor, subject to any offset American Realty Professionals, Inc. may exercise forContractor agreed upon profit sharing percentage or unpaid bills and monies due AmericanRealty Professionals, Inc. by Contractor. Said fees may be jointly shared by one or morecontractors under contract with American Realty Professionals, Inc. or may be shared byContractor and one or more cooperating real estate salespersons or brokers not associated withAmerican Realty of Georgia as those parties may agree.B. Management Fees. Contractor further agrees and promises to pay on presentation of billingstatement each month a monthly management fee to American Realty Professionals, Inc. for therights, services, and privileges extended by American Realty Professionals, Inc. and the servicesof the Broker/Owners. Payments for partial months at the commencement or termination hereofshall be prorated on a daily basis. Management fees are due and payable by the first day of themonth.C. Office (Fixed) Expenses. Contractor shall pay to American Realty Professionals, Inc. his officeexpenses, which expenses shall be deemed to cover generally; rent, office overhead, furniture,telephone bills, secretarial and administrative expenses, janitorial service, and the like. Paymentof these expenses does not entitle Contractor to any rights, title or interest of any kind whatsoeverin the furniture, furnishings, fixtures, facilities, equipment or other chattel of each and every kind.Said office expenses will not include salaries, bonuses and dividends paid to the officers ofAmerican Realty Professionals, Inc. The office expenses for each month shall be determined byAmerican Realty Professionals, Inc. Office expenses shall be due and payable on the first day ofthe month after presentation of said monthly bill by American Realty Professionals, Inc.American Realty Professionals, Inc. – Independent Contract’s AgreementInitials4 of 8

D. Miscellaneous Shared Expenses. American Realty Professionals, Inc. may, at its option, fromtime to time include within a separate category called "Miscellaneous Shared Expenses, otheradditional expenses, which Contractor hereby promises to pay and which shall be due andpayable no later then the first day of the month. Miscellanies Office Supplies are the Agents/Contractors resposeablity.E. Personal Expenses. In addition to the services provided in Paragraphs 5.A and B. above,Contractor may avail himself or herself of certain additional services and materials which include,but are not limited to: long distance telephone services; copying and reproduction services;advertising and promotional brochures; personalized stationery; postage; property signs forhis/her listings; such accident, sickness, health and life insurance benefits and programs as maybe made available by American Realty Professionals, Inc. to Contractor on an optional basis;rental of calculating, accounting, or bookkeeping equipment; and other services and materials asmade available by American Realty Professionals, Inc. at such rates and on such terms asAmerican Realty shall establish. American Realty Professionals, Inc. will give Contractor anadditional bill for such additional or optional services, which Contractor hereby promises to payand which shall be due and payable no later than the first day of each month.6. NONPAYMENT REMEDIES.In the event Contractor does not pay all of his/her financial obligations imposed by t

229 Peachtree Street NE Atlanta, GA 30303-1605 Phone: 404-656-3916 Fax: 404-656-6650 Suite 1000 - International Tower GREC Change App (04-2007) Page 2 of 4 Georgia Real Estate Commission