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**With regard to
the Do Not Call Regulations, policies and procedures; please note
that you must consult your local Real Estate Commission and Local
Counsel in order to draft your own policy for your Market Center.
Per the KW
Legal Department:
1) The broker of a MC may
absolutely purchase the list for the agents and their office.
a) However, it is important
to make sure that your local counsel and ALC help you in setting
a policy for your MC regarding the use of the list and procedures
to avoid misuse.
b) In the event of misuse,
how will you handle the fines?
i) Example: A fine
is imposed because someone is cold calling and ignoring the
list.
1) The only number
coming up on the complaining individual's caller ID is the
MC's number.
2) The MC gets one
fine or multiple fines.
3) How will you
track the agent that is making those calls?
4) How will you
allocate the fine?
5) Will the MC just
pay those fines?
2) Since the broker
is legally responsible for the agents' actions, it is imperative
that the MC protect itself from misuse and/or multiple fines.
3) Also, and I am sure you know this,
but just in case, there's nothing improper about a broker taking
up a collection to pay the cost for accessing the list. That
is probably the fair way to go.
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