Language was added to paragraph 3D making the associate-licensee (either salesperson or brokerassociate) responsible for legal compliance with individual websites. Paragraph 4E already provides that associate licensee is responsible for compliance with anti-discrimination laws, and paragraph 14A already provides for indemnity to the broker for unlawful acts of associate-licensees. A combined form was prepared to that brokers that has both the mandatory mediation, and optional arbitration clause so brokers do not have to be concerned with finding the correct Independent Contractor Agreement in the standard forms library. Binding arbitration, which needs to be initialed by the associate-licensee, provides for class action waivers and a more stringent, and costly, process than local Association arbitration.
Revised June 2022