My cousin is new to this agency. She concerned about this email and what it means. Personally, I think she should find a new agency. She received this email on Friday. She had a sale in November and 3 rentals in November. She has listed 2 properties.

Thoughts

See below:

Please provide me with your classification and your schedule by Monday 10am.

Full Time Agent:
Works five 8 hour days and begins each day by 10am by coming to the office. Full Time Agents will provide me with photos and descriptions of 10 new apartments each week and manage those listings in the database. Full Time Agents will be compensated as traditional agents. See below for description.

Part Time Agents:
Works a total of at least 20 hours a week. Part Time Agents will provide me with photo and descriptions of 5 new apartments each week and manage those listings in the database. Part Time Agents will be compensated as traditional agents. See below for description. Part Time agents will be responsible for their own XXXXXX Dues of $200 / month and their own MLS dues if they choose to have MLS.

Freelance Agent:
Works their own schedule and pays their own way. Freelance Agent will not have access to Rental Database or exclusive listings and are responsible for XXXXX Dues of $200 / month and any and all sundries. Freelance Agents will be compensated as non traditional agents. See below for description.


Traditional Agent Compensation:
50/50 all Agency Listings
50/20/30 all non Agency Listings (50% to leasing agent, 20% listing agent, 30% house)

Non Traditional Agent Compensation:
75/25 (25% is house) until agent has paid house $5000 then 95/5

This does not sound like a place I would want to be. As broker hiring independaent contractors it is up to my agents what they do and how and when they work. This sounds more like a place of employment in which case employer would be responsible for salaries, taxes and so on. If I were her I would find somewhere better. There is a difference between support, coaching and this which is a demand

Corinne

That was my first reaction. I want to be careful with the advice I give her. She's new to real estate and she has a knack for it. In a short time she has had some success in a really tough real estate market.

I would like to avoid to telling her to find another office. However, my gut tells me she should. I really dislike that this manager sent this email on Friday and wants an answer on Monday.

I did ask what her agency provides for 200.00 per month.

Her list includes: personal website (that she dislikes). Business cards, an excellent rental database, exclusive rental listings (150 - 200) and email.

There are no real estate signs, no administrative support, one computer (not that big of a deal, I guess). She has a laptop.

I'm inclined to tell her to take option 2 and stick it out till July. I would also suggest that she negotiate her own terms on her rental split and that bizarre 10 am call time.

I'm threading lightly here. I don't want her to lose her 2 listings.

OH. MY. WORD.
A broker that is requiring his agents to treat their business like a business. How could he?
Seriously though, this type of accountability may be just what a new agent needs to succeed.
I am not saying this is the right place for her. However, I think as a rule a new agent should worry more about forming good work habits and learning the business.
Look at the rate that new agents fail Something appears to be broken.

My .02. Free advice may be worth what you pay for it.

The problem with this broker's actions is that he is crossing into the arena of employment and all the requirements that come with it. If he intends to pay FICA, SSI, and provide an hourly wage or salary, etc. then he can make all the requirements he wants with regard to hours.

If I was the recipient of this, I would forward it right on to my state licensing board's legal department and any other government agency that I thought was appropriate.

Does the cousin have an independent contractors agreement (ICA) in place? If so, those are the terms until it's expiration and can't be changed at will.

Don't get all up in arms about IC status. That is more of an IRS status than a work status. Plenty of IC jobs require some type of attendance and reporting. Most cable installers work as IC's now. They still must report for work and complete assignments to keep their status.
But there is a "test" for that status versus employee status, You should check on the IRS website. I'm sure it's there.

Here is the link to the irs

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

I'm tempted to offer her this advice:

Take option 2 (part-time) do everything that is required. Document everything. Take care of her 2 listings and hopefully sell them in the next 60 days.

Once she successful in her duties to the seller - she can decide if staying there is best for her. Of course, this plan of action doesn't take into account her getting another listing or two.

I don't want to give her bad advice. She's family and sometimes advising family is tricky.

Regarding the floor time - When reading this email - I attempted to put a positive spin on this. It's a chance for a new agent to see how an agency and other agents work. The chance of walk-ins etc. I got the impression that this isn't an office that generate many walk-ins (it's not a store front on a busy street). She told me that when she started to work there - she was told to generate prospects for rentals (this is 75% of their business and they have an exclusive with a management company) and to list new rentals properties. She has the most rental listings in the office (I checked this on MLS).

The other agents (3) have been there for over 5 years.

I have a feeling that because the market is about to pick up - that the Agent Manager is trying to force her out - so he won't have to split this exclusive rental inventory with 4 agents instead of the previous 3. Maybe I'm being paranoid. But sadly that's is what I suspect.

I don't know if she has a independent contractors agreement in place. I will ask. What if she doesn't?

Thanks for your input!

Does she even want to do rentals??

I dislike rentals and property management with a passion and focus on listings only.

If she likes rentals then this place sounds like they have a system in place. If not and she is generating her own listings then after training move to a 100 percent company.

Super

She's working in downtown Boston. For new agents in this economy it's a good way to meet people and make quick money. She likes it and one of her renters got her listing. She see the value in doing rentals this for the time being.

I called the IRS for her. They said she should document everything. That they can give her requirements for the job. She called the state real estate and she hasn't heard back.