FAQ - Agent Agreements/ICA

Agent Agreements and Independent Contractor Agreements (ICA) FAQ

Contract Storage and Access

• Where are contract files saved?: A copy of all contracts is saved in a shared drive managed by PLACE.
• Can teams have access to their contracts folder?: Yes. With written approval from team leadership, we can share access to the team's contract folder. To request access, contact your PLACE support team.
• What is the source for the contract linked in the user's Brivity record?: Our support team updates the links in Brivity to match the most current agreement on record with our Legal team. If a link appears outdated, contact support to request an update.

Agreement Requirements for Unlicensed and Referral Agents

• Do I need an agent agreement for an unlicensed agent?: We do not recommend creating a full agent agreement until the person is officially licensed, to stay compliant with regulations. However, if the agent has access to your CRM, we do recommend having them sign a Confidentiality Agreement to protect your business's confidential information. We are happy to share a template your team can customize. Please let us know when the agent becomes licensed, and our team will get the agreement in motion for you.
• Should I have an agreement for Referral Agents?: Here are some scenarios we see regarding referral agents. It is always best to contact our Legal Team so they can make the final determination and ensure the right contracts are requested.
• Scenario one: An agent provides referrals to your team but they are not on your team and they don't need access to Brivity, Our PLACE, etc. A standard referral agreement per client is sufficient, no Independent Contractor Agreement is needed.
• Scenario two: An agent needs database access and is in your Brivity (for example, working their leads in Brivity and passing them off as warm referrals, or the team working those leads with the expectation of a referral fee on conversion). In this case, request a Client Database Referral Agreement. We would also suggest a Confidentiality Agreement, since anyone in your CRM automatically gets access to Our PLACE, your team toolkit, and other training and resources.

W2 Employee Agreements

• Does my W2 employee need an agreement if they are licensed?: If the W2 employee will actively be selling, then yes, they would need to be on an agreement — even if it is only one transaction per year. Our sales agent agreements document splits, ensure team protocols are followed (e.g. the collection of transaction fees), provide the team's database with an additional layer of protection, and allow our accounting team to verify and properly document team revenues.

Handling Agent Termination/Separation

When an agent leaves the team, we recommend documenting the termination date via email, even if the agent has already given a verbal or written notice of termination.

• What to include: Ideally, the termination email should include a PDF copy of the sales agent's agreement and a copy of their exported sphere, but if there is a delay in exporting the database or other complications, it can be sent later in another email.
• Letter templates: Two termination letter templates are available — one for voluntary separations and one for involuntary separations. To access them, contact your PLACE support team. For the team's convenience, proactively provide the most recent signed agreement to include with the termination letter: find the agreement, download it, and attach it in an email to the Operator.
• In-progress transactions: If the agent is permitted to finalize and receive commissions for in-progress transactions, the team should also provide a non-solicitation agreement. Contact your PLACE Legal Team to request this agreement.