Commissions & Compensation

How It Works

• Agents are paid commissions according to their elected Compensation Schedule, as outlined in their Independent Contractor Agreement.
  
  
• Agents have the flexibility to negotiate commissions with their clients.
  
  
• CRIM Realty does not set or fix commission rates. Agents are encouraged to negotiate compensation that appropriately reflects the services they provide.
  
  
• As Independent Contractors, Agents are responsible for their own business expenses, including MLS and listing service fees, marketing, advertising, and other costs associated with operating their real estate business.
  
  
• Before paying an Agent’s earned commission, CRIM Realty will deduct any outstanding balances owed by the Agent.
  
  
• If the commission from a closed transaction is not sufficient to cover the Agent’s outstanding balance, the Agent will be responsible for paying the remaining amount in accordance with the Company Expenses procedures outlined in this Manual.
  
  
• Commission payments may be withheld until all required documents and disclosures have been received and compliance with applicable laws and regulations has been confirmed.
  
  

Collection of Commissions Via Litigation

The collection of commissions through litigation will be a decision made exclusively by the CEO after discussions with the Agent(s) involved. In the event a decision is reached to proceed with the litigation, all legal expenses will be the responsibility of the Agent(s).

Bonuses & Other

Compensation Bonuses

All bonuses paid by Sellers, Builders, Developers, etc. will be considered to be part of the commission and paid in accordance with the Compensation Schedule.

Commission Other Than Currency

Agents must obtain the written approval of the CEO, President or their assigned Broker in order to accept any compensation other than currency for the payment of a real estate commission.

Agent Expenses and Monthly Billing

CRIM Realty provides certain products, services, and tools to Agents at no cost. Agents are responsible for all other expenses associated with operating their real estate business.

Agent-Related Expenses

Any expense billed to CRIM Realty that is the Agent’s responsibility will be charged to the Agent in accordance with Company policy and the Independent Contractor Agreement.

Agent charges will generally be included on the Agent’s monthly billing statement.

Agent balances may be paid through:

• Commissions received by CRIM Realty but not yet disbursed to the Agent;
  
  
• Check or money order submitted to CRIM Realty; or
  
  
• Authorized deductions from a credit card or bank account, as provided in the Independent Contractor Agreement.
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Outstanding Balances at Closing

If an Agent has an outstanding balance when a transaction closes, CRIM Realty may deduct the amount owed from the Agent’s commission before disbursing the remaining commission to the Agent.

If the commission is insufficient to satisfy the outstanding balance, the Agent remains responsible for paying the remaining amount owed.

Monthly Dues & AutoPay

Monthly dues and applicable charges are billed on a monthly basis.

• CRIM Realty may require Agents to enroll in AutoPay upon joining the Company.
  
  
• If AutoPay is not established as required, the Agent will be charged an additional $25 monthly administration fee.
  
  
• Monthly charges will be processed using the Agent’s authorized payment method no later than the 15th calendar day of each month.
  
  
• Agents are responsible for maintaining a valid payment method and ensuring sufficient funds are available to cover all authorized charges.
  
  
• Any outstanding balance may be deducted from commissions otherwise payable to the Agent, as permitted by the Independent Contractor Agreement and Company policy.

Referral Fees and Commission Splits

Internal Referrals Within the Same Brokerage

Agents may refer buyers or sellers to another Agent associated with the same CRIM Realty brokerage. The referring and receiving Agents must agree in writing to the referral compensation, whether a percentage or flat fee.

A copy of the written referral agreement must be submitted to CRIM Realty with the transaction paperwork. Agents are also encouraged to include the agreement with the Closing Attorney Instructions for Commission Distribution Form, available through the Company’s Agent Resource Center.

Referrals Between CRIM Realty Brokerages

An Agent may refer a buyer or seller to an Agent associated with another CRIM Realty brokerage; however, the referring Agent must obtain written approval from the assigned Broker before making the referral.

Because the Agents are associated with separate brokerages, the referring Agent must comply with applicable Georgia law and MLS requirements regarding referral disclosures and authorization. The client must be notified of the referral, and the required Referral Authorization Form must be completed and signed by the client.

A copy of the signed Referral Authorization Form must be submitted to CRIM Realty promptly after the referral is made. The brokerage receiving the referral fee must also maintain the required documentation in accordance with applicable law.

In addition, the referring and receiving Agents must complete the CRIM Realty Agent Referral Agreement, available through the Company’s intranet. The fully executed agreement must be submitted to CRIM Realty when signed by both Agents. A copy should also be included with the Closing Attorney Instructions for Commission Distribution Form.

Company and Office Referrals

Company referrals are assigned by the CEO, President, or Broker to the Agent they determine is best suited to serve the client’s needs. Receiving a Company referral is a privilege and is based on an Agent’s performance, responsiveness, customer service, and ability to meet the client’s needs.

The receiving Agent must promptly accept or decline the referral and contact the prospect within 24 hours.

CRIM Realty reserves the right, at its discretion, to reassign a referral to another Agent when necessary to best serve the client, including when an Agent has demonstrated a history of poor customer service, inadequate follow-up, or failure to properly service Company referrals.

When a Company referral results in a closed transaction, the Company’s referral split is generally 35% of the gross commission, unless otherwise agreed in writing.

All Company referrals must be documented using the CRIM Realty Agent Referral Agreement available through the Agent Resource Center.

Outbound Referrals to Other Brokerages

When an Agent refers a buyer or seller to another brokerage, whether in Georgia or another state, and the referral results in a referral fee paid by the receiving brokerage, the referral fee is subject to a 90% Agent / 10% Company split, with the Company’s share capped at $349.

The Agent must notify CRIM Realty in writing at the time the referral is made. CRIM Realty must execute the appropriate referral agreement with the receiving brokerage before the referral fee can be processed.

Failure to timely notify CRIM Realty of an outbound referral may result in the Agent forfeiting the referral fee and may create compliance issues under applicable Georgia real estate laws and regulations.

PayDay

Pay at Close -PAC

One benefit CRIM Realty offers its Agents is the ability to receive their commission at the time of closing for qualifying residential transactions. This allows Agents to receive payment at the closing table without traveling to the CRIM Realty office or waiting for commission checks to clear the Company’s account.

To receive Pay at Close (“PAC”), the Agent must ensure that all required transaction documents have been uploaded to the Company’s document management system and are complete and approved. Required documents may include, but are not limited to:

• Wire Fraud Advisory
• Cyber Security Disclosure
• Affiliated Business Disclosure
• Other documents required by CRIM Realty or applicable law

Once all required documentation has been received and approved, CRIM Realty will issue the PAC authorization to the closing attorney or escrow agent. Not all closing attorneys or escrow agents will honor a PAC.

If the closing attorney or escrow agent agrees to PAC, the Agent’s commission may be disbursed directly to the Agent at closing. Any portion of the commission owed to CRIM Realty must be paid separately to the Company.

If an Agent receives a commission check payable to CRIM Realty, the Agent must immediately deliver the check to the Company or deposit it into the CRIM Realty Operating Account in accordance with Company procedures.

If the Agent deposits a commission check payable to CRIM Realty into the Company’s operating account, the Agent must submit the Notice of Commission Payment Form, along with a copy of the commission check and the deposit receipt or validated deposit slip.

Payment Upon Suspension or Termination

Upon suspension or termination of an Agent’s Independent Contractor Agreement, CRIM Realty reserves the right to hold commissions otherwise payable to the Agent for up to 30 days, subject to applicable law and the terms of the Independent Contractor Agreement. During this period, CRIM Realty may reconcile outstanding transaction expenses, fees, and other amounts owed by the Agent before disbursing any remaining commission.

CRIM Realty may also charge a terminating Agent for Company property that is lost, damaged, missing, stolen, or not returned, including, but not limited to, lockboxes, yard signs, flash drives, HUD keys, and other Company-owned property issued or made available to the Agent.

Agents are responsible for returning all Company property upon request or termination. CRIM Realty reserves the right to pursue recovery of the value of unreturned or damaged Company property through lawful means and, when appropriate, report suspected theft to the appropriate authorities.

Pending Transactions

If an Agent’s Independent Contractor Agreement is terminated while a transaction is pending but has not yet closed, the Agent may remain entitled to the commission earned from that transaction, less any fees, expenses, or other amounts properly owed to CRIM Realty, subject to the Independent Contractor Agreement and applicable law.

If the pending transaction requires additional work after the Agent’s termination, CRIM Realty may perform the work directly or assign it to another CRIM Realty Agent. In such circumstances, CRIM Realty may negotiate the commission allocation with the terminated Agent based on the work required to complete the transaction.

An Agent may not cancel, withdraw, or restructure a pending transaction with CRIM Realty for the purpose of rewriting the transaction under a new sponsoring broker until the Agent has received written approval from the President or Broker.

Mediation and Arbitration of Dispute

Dispute Resolution

CRIM Realty encourages Agents to resolve disputes professionally and directly whenever possible. When a dispute cannot be resolved between the parties, the procedures below will apply, subject to the terms of the Agent’s Independent Contractor Agreement and applicable law.

Disputes Between Agents

Any dispute between Agents concerning Company operations, Company policies or guidelines, commission rights or commission divisions, or the interpretation of Company procedures should first be addressed directly between the Agents involved.

If the parties are unable to resolve the dispute, either Agent may submit a written request for review to the President. The request must include a brief description of the dispute and the resolution being requested. Copies of the request should be provided to the other Agent(s) involved.

The Company may investigate the matter and request additional information or documentation from the parties. Agents are expected to cooperate fully with any Company investigation and maintain the confidentiality of information obtained through the dispute-resolution process, except as otherwise required by law.

If the President determines that a formal hearing is appropriate, the parties will be given an opportunity to present their positions and respond to questions. The hearing may be conducted in person, by telephone, or by web conference, at the discretion of the President.

The hearing panel may consist of the President, the Broker, and one additional Agent selected by the President. The Company will provide the parties with written notice of the hearing date and time and the procedures to be followed.

The panel’s decision will be provided in writing. Agents participating in the Company’s internal dispute-resolution process agree to comply with the decision, subject to any rights available under the Independent Contractor Agreement or applicable law.

Disputes Between an Agent and CRIM Realty

Any dispute between an Agent and CRIM Realty concerning Company operations, Company policies or guidelines, commission rights or commission divisions, compensation, the Agent’s relationship with the Company, or the interpretation of Company procedures should first be submitted in writing to the President for review.

The written request must include a brief description of the dispute and the resolution being requested. The Company may investigate the matter and request additional information or documentation from the parties.

If the dispute cannot be resolved through the Company’s internal review process, the Agent may pursue mediation or arbitration to the extent provided by the Independent Contractor Agreement.

Any mediation conducted by the Company may take place in person, by telephone, or by web conference, at the discretion of the President. The procedures, participants, and scope of any mediation will be determined by the Company and the parties, subject to the Independent Contractor Agreement and applicable law.

Binding Arbitration

To the extent required or permitted by the Independent Contractor Agreement, an Agent must complete the applicable internal dispute-resolution or mediation process before requesting arbitration.

If a dispute remains unresolved following mediation, the Agent may request binding arbitration in accordance with the arbitration provisions of the Independent Contractor Agreement.

Unless otherwise provided in the Independent Contractor Agreement, arbitration will be conducted before a neutral arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, arbitration may be administered through the American Arbitration Association (AAA) in accordance with its applicable rules. The parties may also mutually agree to use another qualified neutral arbitration service.

Unless otherwise agreed in writing, arbitration proceedings will be conducted in Atlanta, Georgia.

The arbitrator will issue a written decision and award addressing the issues properly submitted for arbitration. The arbitrator may award only those remedies permitted by the Independent Contractor Agreement, applicable law, and the evidence presented.

To the extent permitted by applicable law, arbitration will be the exclusive forum for disputes covered by the arbitration provision of the Independent Contractor Agreement.

Any deadline for requesting arbitration, including any applicable limitation period or contractual deadline, will be governed by the Independent Contractor Agreement and applicable law.

Each party will be responsible for its own attorney’s fees and legal expenses unless otherwise provided by the Independent Contractor Agreement, applicable law, or the arbitrator’s authority. The allocation of arbitrator, administrative, and court reporter fees, if any, will be determined in accordance with the Independent Contractor Agreement, applicable arbitration rules, and applicable law.