A real estate referral fee is a portion of a real estate commission that is paid to a real estate broker in exchange for referring them a client. Though subject to negotiation, a typical referral fee is 25% of the gross commission for a single side of a transaction.
Real estate referrals happen all the time for a variety of reasons. Most commonly, they happen because a real estate agent is either unlicensed or unqualified to service their client in the purchase or sale of property in a particular geographic area, or for a particular type of real estate.
Let’s take a look at how real estate referrals work, what the typical fees are, and what the most frequently asked questions are about real estate referral fees.
What Is a Real Estate Referral?
A real estate referral is the act of getting a client into the hands of the person who is the most qualified to get them the real estate services they need.
As much as real estate agents would love to be the go-to resource for all things real estate for all our clients all the time, there are times when our clients are asking for things that we can’t deliver. These situations are perfect for a real estate referral.
When to Make a Real Estate Referral
Let’s say you’re a real estate agent working in Maryland, and you have a client who wants to purchase a beach house in Delaware. Even though these states are right next to each other, Delaware is a Turf state, and you as a Maryland license holder are unable to conduct business in Delaware.
However, you can refer this client to a real estate agent who is licensed in Delaware, and in exchange for that referral, you (actually, your broker) receives a percentage of the commission.
Another good example of this is when your client is seeking services that you’re technically licensed to provide, but you don’t have the knowledge or expertise to be confident your client’s best interests will be looked after.
Consider the following scenario: You’ve got a client who you’ve helped with residential real estate transactions in the past, but now they want to sell an industrially zoned building they own.
If you’ve never worked on a commercial transaction, you may not be qualified to give your client advice on pricing, negotiation, or closing conditions since the best practices of residential real estate may not apply to commercial or industrial real estate. So, a referral to an experienced commercial and industrial real estate agent would be the best option for your client.
Everything You’ve Ever Wanted to Know About Real Estate Referral Fees
Now that you have a basic understanding of what a real estate referral is, let’s dig into the nuts and bolts of the referral fee. This is a pretty straightforward topic, but since there’s money involved, more knowledge is good knowledge, and we want you to be the smartest person in the room.
How Much Is a Real Estate Referral Fee?
The short answer here is: whatever you want it to be. Just like real estate commissions, there’s no predetermined amount that you have to charge or be charged for a real estate referral fee. However, there are some standard conventions that most brokers stick to. In the residential real estate world, the standard is 25%.
When to Negotiate a Real Estate Referral Fee
Given that standard fee, there may be reasons for negotiating this amount.
For instance, say your buyer wants to purchase income properties in a state you’re not licensed in and are unable to conduct business in. Since you’re sending a client to an agent who will be making multiple purchases, it isn’t uncommon to bump up that commission to 30% or even 35%.
On the other hand, if you are receiving a lead that is very high up in the funnel, is not prequalified, and is going to need a lot of work to get them under contract, you may consider trying to negotiate the standard 25% down to 20%.
Though you are well within your right to do so, remember that the real estate agent sending the referral is under no obligation to send it to you, so push too hard during negotiation and you may risk not getting the lead at all.
How Do I Get Paid When I Make a Real Estate Referral?
When you make a real estate referral, you are handing over the care and keeping of your client to another real estate agent for that particular transaction. Just like the agent you’re handing your client over to, you don’t get paid until their transaction closes.
When an accepted offer has been written on your client’s behalf, a clause is included in that contract that entitles you to the agreed upon referral percentage. When it comes time for the closing company to cut checks dividing up the proceeds of the sale, your broker is written a check just like the broker of the real estate agent to whom you referred the client.
Once your broker has your referral amount, it’s treated like a normal real estate transaction. They will pull their percentage for your split and issue you the rest.
Real Estate Referral Form
The only paperwork required for a real estate referral is a real estate referral agreement. This is a basic contract between the two brokers of the referring agents that covers things like how the commission will be split and the length of the referral.
It’s typically the responsibility of the agent who is doing the referring to supply the referral contract with the initially stated terms. If the receiving broker wants to negotiate these terms, they may do so.
If you need a referral contract, the National Association of Realtors has an easy-to-use referral form you can get here.
Can a Broker Pay a Referral Fee to a Non-licensed Person?
No, a broker cannot legally pay a referral fee to a non-licensed person. Enterprising real estate agents who are trying to come up with new referral generation methods from their sphere will knock around the idea of offering to pay a cash referral fee to former clients who send new business their way.
However, the recruitment of clientele for the purpose of real estate purchase or sale is considered to be the work of licensed professionals only, so you can get in some serious trouble with your local board, the National Association of Realtors, and even your state government by engaging in this practice.
There are some fine lines to walk here, particularly when it comes to real estate bird dogging. A “bird dog” is someone who is seeking out and then bringing real estate investment opportunities to well-capitalized real estate investors. Technically speaking, this isn’t illegal, since a bird dog isn’t actually bringing a buyer and seller together, just bringing the possibility of a deal to a buyer.
However, bird dogs and others operating in a similar space that seek a “finder’s fee” are just a couple of clicks away from asking for referrals, so this is a practice we’d advise against.
Are There Real Estate Referral Companies?
Yes. There are companies that specialize in real estate referrals. Since the only way to legally send and receive a referral is to do so via a brokerage, there are brokerages that focus entirely on this practice and conduct almost no business otherwise.
For instance, Agent Pronto is a real estate brokerage based out of Florida, but you would never know it to look at their website. Their entire business plan is based around the idea of attracting home buyers and sellers from anywhere in the United States with the promise of matching them with the perfect agent.
Once a buyer or seller reaches out to them and requests to be matched with an agent, Agent Pronto then contacts agents in the local area that have agreed to receive referrals and offers them the referral for a fee of between 25% and 35%, depending on the budget of the buyer or estimated home price of the seller.
A few additional real estate referral companies include:
How Common Are Real Estate Referrals?
In 2018, ReferralExchange alone made over 245,000 connections across the United States, up more than 14% over 2017. In a survey conducted of over 1,200 real estate agents, most of whom belonged to a referral network of some sort, ReferralExchange found that nearly 25% of agents are receiving up to 10 referrals every year, further bolstering the trend seen in the last two years that the agent-to-agent real estate referral economy is growing steadily year after year.
Sounds Great, But What’s the Catch?
While this appears to be a lead generation strategy without an upfront cost, remember you’re paying pretty dearly for these leads. A referral that purchases a $250,000 home with a 3% commission will cost you $1,875. That is a hefty cost per lead, especially when you consider that properly placed ads from somewhere like BoldLeads can yield you the same exclusive lead for significantly less cost. Check out BoldLeads to see if your ZIP code is available.
Bringing It All Together
Knowing how real estate referral fees work is a must for any real estate agent. Whether you’ve got clients who are movers and shakers, or you live in a spot where people are wanting to move to or buy a vacation property, you’ve got to know about real estate referral fees. Not only can this be a great source of income, but this practice is vital to providing your clients with the best service possible.
Have any real estate referral fee questions we didn’t get to? Ask away in the comments!
GREAT article Chris!
Thanks Al! Glad you found it interesting.
Chris
Hello Chris,
I’m a licensed real estate agent but not currently working with a brokerage. Could I still receive a finders fee if not currently employed under a broker?
Hi Abby –
Thanks for your comment, great question! My instinct on this tells me no. Here’s why:
To legally operate as a real estate agent, you need to be under the “supervision” of a broker, or be a broker yourself. Despite the fact that you’re not representing buyers or sellers in a transaction, you are still providing real estate counsel by making the referral. Also, when a referral fee is made, it is sent from broker to broker, then the referring agent is paid. Without having that intermediary broker step, I am not sure the first broker would send you a check.
All that being said, every state’s laws are a little different, so I would check with your state’s board of licensing and regulatory affairs to see. One solution you may have available is that you could hang your license with a very low fee virtual brokerage like Real or eXp, which wouldn’t require you to have a physical office or anything like that.
Best of luck, let me know how things turn out!
Chris
I currently work with referral services…but only on ones that the fee is paid at closing. I receive numerous offers of referrals but they want their fees before and sale is complete. Don’t understand why realtors pay for blind “leads”. I will consider any firm that has leads paid at closing.
Hi Eddie –
Yeah, there are definitely providers out there that are looking for payment before a lead is received. Though I don’t know the ins and outs of every company that operates that way, I can tell you from personal experience that the way to go is to work with companies that take a cut of the commission post-closing. In my experience, those providers are most confident that the leads their providing are actually going to turn into clients.
Are you currently working with an active referral company?
Chris
How would a licensed agent find a referral company to work for, rather than selling RE?
Hi CK –
Referral companies actually have very few (if any) sales agents on staff, since all they really need is a broker in order to receive and pay our referrals. Those jobs are pretty few and far between unfortunately!
Chris
Chris,
I want to sell my own home, and want to hire a listing agent. Can I receive a referral fee? I am a referral agent.
Hi Carol –
Great question. Let me make sure I understand…you would like to sell your own home, and you would like to hire a listing agent to do so. If you are a licensed real estate agent, yes, you could get a referral fee for this. However, if you aren’t a licensed agent, you would not be eligible to receive a referral.
Hope this helps!
Chris
Really helpful article!
How do you maintain your license when you act as a referral agent?Every 2 year taking exam and continuing education? (I live in PA) Can I put my license in escrow and pay the fee whenever I need to take out and use?
As a referral agent, do I need to join NAR and buy a E&O insurance?
Thank you in advance for your help!
Hi MC –
OK, a lot to unpack here, so let’s take this a question at a time.
1) How do you maintain your license when you act as a referral agent?
To be clear, acting as a referral agent doesn’t change your status as a standard practice real estate agent. You still need to belong to a brokerage, to a local organization, and you still need to maintain your continuing education requirements. Acting as a referral agent doesn’t change any of these things, so the maintenance of your license doesn’t change either.
2) Can I put my license in escrow and pay the fee whenever I need to take (it) out and use (it)?
I suppose that is an option, but the details of that would largely depend on the local regulations for your specific organization, as well as the Pennsylvania state rules. Honestly, that seems like more hassle than is necessary to me. If you’re going to work as an agent, referral or otherwise, make a plan to at least break even on your costs and keep your license active.
3) As a referral agent, do I need to join NAR and buy E&O insurance?
First off, there is no requirement that you be a part of NAR. The National Association of Realtors is not a mandatory organization for real estate agents, though, to be fair, many local organizations will include (require) a membership there in order to be a member locally. So, technically no, but your local MLS may say otherwise.
As far as E&O, since you will still need to house your license with a brokerage, the answer to this question is almost certainly yes. E&O protects you, but it also protects your brokerage, and I can’t imagine a scenario when they would open themselves to liability like that.
Hope this is helpful!
Chris
I am licensed in PA. I would highly suggest NOT putting your license in escrow here. Not only will you need to pay to pull it out, but you will also need to take/re-take your CE credits.
Right now I have my license sitting in a referral brokerage that was set up by my employer exclusively for those of us who are not acting as agents (I’m in marketing right now)
Hi Shona –
Great tip, glad to hear you’ve got a system that is working for you!
Chris
I made a referral and both brokers signed the referral agreement form. The transaction closed 2 weeks ago. No news from the other agent about when they will send the referral fee or any other communication. I have sent them a follow up email asking for an update. What is traditionally acceptable time frame to pay the agreed upon fee upon close of transaction? I’m sure there are other factors that may affect this. But thought I’d ask if anyone else things 2 weeks is ample time to make at least a connection with the broker saying, we will send the referral fee or something. thanks!
Hi Jade –
OK, so I’ve got some good news and bad news.
The bad news is, referral fees are typically paid from the title company, not from the broker. Meaning, when the title company is cutting commission checks, they cut a THIRD check for your broker in addition to the buyer and seller brokers. If that didn’t happen, more than likely what happened is that the title company didn’t know that there was a referral on your transaction.
The good news is, with a signed referral agreement, you’re going to get paid. If you haven’t heard back from the other agent, it is time to reach out directly to the other broker, or even better, have your broker do so on your behalf.
Yes, it sucks to have hunt down checks, even more so when you have a less than communicative other party, but you’ve got a solid legal claim to that fee, so it will get to you eventually.
Be vocal, get your broker involved, and be persistent. Good luck!
Chris
I’m in real estate school. Well i just passed the class actually but have to pass the state test.
If i refer a family to a realtor right now (without license) but they close after i get my license can i get a referral fee? Or is it only after i have my license i should start referring people?
Hi Jereme –
Great question. Unfortunately, you can’t get a referral fee until you’ve got your license. Technically speaking, when you make a referral, it is your BROKER that actually gets the check (then turns around and pays you less their cut) when the transaction closes. So, without a broker, the referral can’t happen.
But, the moment your license gets onto a broker’s book, you’re good to go!
Chris
I live and work in real estate here in Australia. I have a couple of clients that will be moving to USA and purchasing property in the next few months. Is there any possible and legal way for me to get a referral?
Thanks Ed
Hi Ed –
Thanks for your questions, greetings from the US!
The rules on international referrals are a little vague and will vary depending on the country. As far as Australia goes, as long as you’re able to legally facilitate the sale or purchase of real estate in Australia, you qualify for a referral fee from a US based transaction.
However, each state in the US has its own rules and regulations on top of the federal rules, so unfortunately, there’s more investigation that needs doing.
The National Association of Realtors here in the US has a set of global alliances to tackle questions like this. For Australia, it is Real Estate Institute of Australia (REIA), I would start by reaching out to someone there.
Hope this helps!
Chris
I am a loan officer and am about to reinstate my real estate license again. Can I get paid a referral fee and be the loan officer for that client at the same time? The only issue I have seen is that FHA does not allow you to be a loan officer and the buyers realtor in the same transaction.
Hi Kel –
Great question. As far as real estate goes, there is no federal regulation that prevents this practice, nor is there any sort of statute in the National Association of Realtors’ Code of Ethics. That being said, mortgages and the mortgage process are regulated much more tightly since 2008, so it would be a good idea to cross check this with your lending management system too!
Chris
Great article.
Let’s say I am a licensed agent in MA belonging to a brokerage. Can I refer leads/clients to agents in any other state, and still receive referrals, even not being licensed in those states?
Thanks.
Hi Mariense –
Yes! You don’t need a license in a state to receive a referral. However, since referral fees are actually paid to your brokerage and not you, I always suggest making sure you touch base with your broker before making an out of state referral to verify that they don’t have any special interstate procedures.
What do referral agents typically pay the Broker they belong to in Missouri
Hi Nancy –
Usually, referral fees work just like your commission would. If you’ve got a pre-arranged split with your broker, you’d have that same split arrangement when a referral fee comes in. Every broker is different, so if you’ve got a different arrangement with your’s, we’d love to hear about it!
Thanks!
Chris
Yes, good to know what the ballpark policy is.
Margaret Sheridan
Yes, good to know what the ballpark policy is.
Margaret
Excellent information. Please keep it up the great work.
Hi Syed!
So glad to be of assistance!
Chris
What would a referring agent get on a $544,000.
Sold property.
Hi Kathleen –
Thanks for the question!
So, this is a little tricky. Typically, referral agreements between brokers are made BEFORE a home sells. It might be tough to negotiate for for a referral amount after the fact. But, just speaking hypothetically, you could use the following as a blueprint:
– Where most of my experience is, 6% is a typical commission for non-luxury properties. As property values climb, commission percentages tend to decrease a little to closer to 5%. Let’s split the different and say 5.5%.
– That would make the seller side commission 2.75%.
– A typical referral fee is 25% of the seller side commission.
– On a sale price of $544,000, with a commission rate of 2.75%, the gross commission would be $14,960.
– A 25% referral on that gross commission would be $3,740.
Hope this is helpful!
Chris
Depends on the percentage you agree on.
I have a broker license referred the client to a real
estate firm the house sold for one million seven hundred fifty thousand dollar they only gave me
twenty two hundred dollars. there commission rate
is 6 percent this happened in cape cod ma.
Hi Leo –
Sounds like a good sale. Did you have a referral agreement between you and the broker?
Chris
Please email me at yougahouse1111@gmail.com and let me know if there is a limit to the amount charged in a referral fee. I cannot find this anywhere.
I was a relo agent and the company I used to work for – over the years I only really had two good referrals from the relo department. On the most part, the other referrals were deadends and appeared to be people sent in as referrals by agents trying to make their quota on sending in referrals to the head office. At first I was fine with this because as a young agent it gave me practice.
However, that was a lot of work for no return.
The first ‘big’ referral from the relo department was NOT a relo. She grew up in the town and drove past the sign as my brokerage had the house up for sale. When she got home she googled the phone number for the brokerage and got our head office. They took the call and as instructed, sent her to the relo department who farmed her to me. Even though she was not a relocation and she just accidentally called the wrong office. In the end, I paid 45% of my commission to my brokerage because of the referral. Even though this felt unethical, it was not illegal so I just accepted it.
However, the next referral from them was another family that ALSO lived locally. I accepted that I would be paying relo 45% of my commission for this referral. However, AFTER I found them a house and we were under contract, the relo department told me OOPS, they forgot, there was an ADDITIONAL 50% referral on this. So this family was referred to our relo department for a 50% commission referral fee. So my brokerage took out 45% and 50%. You do the math.
I went to my broker about this. She thought this was very wrong but she is a company gal and would not say anything. I left this brokerage. I recently got my brokers license and there was something in my studies about a maximum 50% referral fee that could be charged. Can someone please advise me on if there is a cap on referral fees?
Hi Lara –
Man, this sounds like a tough situation, sorry you had to go through it. Here are a couple of things to keep in mind:
– Many brokerages have departments that focus on referrals, or “relos” (relocations). Often times, these departments operate a little bit differently than the rest of the company, and certainly a little more aggressively than the average agent.
– Most relo departments charge their agents a pretty high fee because, in their eyes, they’re handing you a lead that is almost certainly going to close.
– If you accept a lead from the relo department (or, really any referral from ANY agent), you do so agreeing to the referral fee terms. For most agent-to-agent referrals, that’s usually 25%, but a relo department can (just like another agent) charge as much or as little as they want.
My guess is, when you became an agent at that brokerage, there was some sort of document along the way that stated what the relocation department fee was for leads. My guess is you probably signed it without realizing exactly what it was. At the end of the day, you can certainly refuse to accept those leads, but then you don’t get the client, so, rock and a hard place.
There is no cap on referral fees, nor is there a floor. As long as they are agreed to by both parties, they can be whatever you want.
Chris
Can you be a referral agent in two different states. I have my florida real estate license as a referral agent and just obtained my Virginia license thank you
Hi Trish –
Nice work getting licensed in both states, that will open a lot of doors for you. Yes, you can be a referral agent in both states. In fact, having two brokerages actually gives you some options when it comes to referrals. Most brokers have a specific split for referral situations, so whichever broker offers you a better split on the commission can be the place you send the referral income.
Chris
Can the buyer who is referred be asked to pay a portion of the referral fee called an aquisition fee. Is it not true the agent who recieved the referral is solely responsible to pay referral fee from his commission contingent on closing. Why would the buyer pay for this. Could the builder try to build this cost into listing price if the builder received the referral.
This is possible, but very uncommon in my experience.
Chris
As a individual I need help to know how I can get the best price for the sale of my 20+ acres. any recommendation on where to look?
Hi Matt –
Happy to help, first a clarifying question. Are you a licensed real estate agent? Are you selling this property yourself or on behalf of someone else?
Chris
Is a broker in Missouri required to the referral fee to an agent who left the office before the property closed
Hi Jean –
Great question. Technically, no. Real estate contracts that obligate the payment of commissions are technically made between brokerages and parties to the transaction, not real estate agents. In other words, when a commission is paid, the money comes from the seller (out of their proceeds of the sale) and goes to the brokerage. An agent, as an independent contractor, has a deal with a brokerage to be paid their agreed upon percentage of that commission. So, if an agent is no longer affiliated with a brokerage, unless they have a contract specifically stating that they will be paid regardless of their agent status, the brokerage is not obligated to pay.
Keep in mind though, I started this answer with “Technically”. While this is the letter of the law, if you apply the common-sense-what’s-the-right-thing-to-do test, most brokerages are going to pay that agent. An agent has done the work, made the referral, but gets shorted by the brokerage on the commission is going to talk about it with other agents. That sort of reputation is going to spread through the agent community, something that brokerages do not want.
If an agent has a reasonable claim for payment on a commission, in my opinion, the brokerage should just pay it. They stand to lose a lot more in the long run than they gain in a single referral commission.
Hope that’s helpful!
Chris
Hello I have an interesting circumstance I i’m licensed in New York and referred a buyer to a broker in Florida. They could not find a house right away so they rented a house of which I was paid a small referral fee. 11 months later the broker sold them a home. Am I entitled to a referral fee on that or am I just entitled to the initial referral fee? Being that I put the parties together I was hopeful that the referral agreement carries through. Ty!
Hi Jon –
Great question, thanks for asking! In short, the language of your referral agreement is going to be the deciding factor here. Unless your referral contract stated that you get a piece of each of the referred client’s transactions moving forward, my gut tells me you’re not going to see anything on that second transaction.
As much as that is a bummer, it does make sense. I mean, if they bought a house instead of rented, then decided to buy another house 18 months later, you wouldn’t expect a cut of that second house, so unless it is dictated in the agreement itself, expecting a portion of the second transaction, regardless of what the first one actually was, is probably not realistic.
That being said, if you have a good relationship with the broker that picked up the referral from you, it never hurts to ask! If it were me, I would skip the formality and go right to the phone with a congratulatory call, then ask politely and professionally if a referral fee is possible, considering the fact that you sent the client in the first place. If they say no, wish them well and best of luck, but if they say yes, great!
Let us know how it all works out!
Thanks!
Chris
What happens if the buyer I referred closes with a different agent than I had the referral agreement with?
Hi Steph –
Great question.
Unfortunately, referral agreements are between specific agents under the umbrella brokers, so a buyer that winds up closing with an agent other than the one you made the referral to is going to leave you out in the cold.
The only possible exception to this would be if the buyer you referred wound up closing with another agent in the same brokerage as the agent who you originally made the referral to. However, you’d have to have some pretty specific language in the referral contract to speak to this contingency, and chances are, that’s not in there.
I hate to say it, but in a situation like the one you described, you’re most likely out of luck 🙁
Chris
I asked an agent for a referral to a local agent to buy a home. I was referred to an agent but never signed anything nor visited any homes with agent. Two weeks have passed and my son wishes to use an agent very damjar with area ww are looking in. Am I legally bound to the agent I was referred to? Thank you in advance!
Hi Lori –
Thank you so much for the question, it’s a good one!
The short answer here is no. As a potential buyer of real estate, the only time that you are obligated to work with a particular agent is if you’ve signed a buyer / broker agreement, and even then, those agreements are easily dissolvable if both parties agree. The courteous thing to do would be to let the agent you were originally referred to know that you’ve decided to work with someone else and thank them for their time. You’ve got no legal obligation to do so, but it is just something that anyone grinding in the real estate game will appreciate 🙂
Please let me know if you have further questions.
Chris
Thank you, Chris. Yes, I did let the agent know in a timely, considerate manner. My son’s agent has no obligation to do this but is willing to pay this agent a 20% referral fee upon my purchase of a home. This is not satisfactory to the referred agent who wants more than twice that. In addition, the referring agent is threatening me legally because he is not getting what he says he was promised (contract between the referring and referred agents). Thank you so much.
Thank you, Chris. Yes, I did let the agent know in a timely, considerate manner. My son’s agent has no obligation to do this but is willing to pay this agent a 20% referral fee upon my purchase of a home. This is not satisfactory to the referred agent who wants more than twice that. In addition, the referring agent is threatening me legally because he is not getting what he says he was promised (contract between the referring and referred agents). Do you think there is anything here that I am legally responsible for? Thank you so much.
Re: Kickbacks, referrals, finder fees
For loans I think I understand the process
For the following question i have contacted HUD/NAR/RESPA>FHA and got no where.
My question is for the sale side of the property only, that will need a loan
#1. Can the real estate agent give their client (buyer/seller) a thank you gift directly and if so are there any restrictions
#2. Can the real estate agent give directly to a non-license person a thank you gift for introducing the client and has no further involvement in the sale transaction and if yes are there any restrictions
Hi Kent –
1) Yes, a real estate agent can give a thank you gift directly to their clients, as long as there are no strings attached. In other words, feel free to give your clients something so they know how much you appreciate them, but it can’t be in exchange for a review, referral, or anything else; no strings attached.
2) No, a real estate agent cannot legally compensate a non-licensed person for introduction or delivery of real estate leads. This is a slippery slope, it’s easy to rationalize around this point, but at the end of the day, you know why a payment is being made, and so will the feds if they find out, so don’t do it.
With my current broker a referral contract is in place with an out of Broker to assist in the selling of
My sister-in-law’s home. I personally selected the the referring company and the specific agent that I wanted to represent her. As it was with an “out of network” company, I was required to verbally negotiate the deal with the other agent and provide the information to our referral dept. and they followed up.
The listing agreement has not yet been signed, and I am looking to move my license to a new office.
If I change companies before the listing agreement is signed, will the contract remain with my previous company or does that agent go with me?
If the referred agent gets both sides of the deal, is the referral fee applied to both sides?
Please note that my current Broker collects 20% off the top of the referral fee. This fee is payable to the “referral network” that they use to process referral leads. Coincidently, it is owned by my Broker. This 20% fee is for administrative activities such as emailing the referral contract, following up on the status of the transaction, and collecting the check.
Additionally, from that net amount the Broker then collects its usual percentage of the split that is applied to all of my standard commission transactions.
Depending on your broker’s
Referral Policies, I think your readers should know that at the end of the day, the amount of referral compensation to an agent in a full service brokerage company can be substantially less than they anticipate.
Hi Cynthia –
A lot to unpack here. Let me start with your specific questions:
If I change companies before the listing agreement is signed, will the contract remain with my previous company or does that agent go with me? This is going to depend entirely on the language of your contract, but generally speaking, yes, the contract will remain even if you switch brokerages. Typically, these referral contracts are between the brokerages, not the agents, so unless there is a clause that outlines your situation, I wouldn’t count on it coming with you.
If the referred agent gets both sides of the deal, is the referral fee applied to both sides? Again, this is going to depend on the contract language, but in my experience, this isn’t the case. You make a referral for the execution of purchase or sale, that is usually where you get paid.
As to your other comments about the actual net vs gross of your referrals, yes, that is definitely going to be subject to your broker’s policies and contracts. Always a good idea to make sure you’ve got a crystal clear picture on what that means for you as an agent before you start the referral process!
Thanks!
Chris
Awesome article Chris! And kudos for answering all of the questions in the comments section so thoroughly. For a newbie agent like myself, it really helps to read those and get more clarification on everything I’m learning. Keep up the great work!! 🙂
Hey Monica, Chris is actually in Amsterdam visiting family, but we’re glad you liked the article and will be sure to tell him when he gets back.
Hi, I have a referral agent that gave me her listing to sell her land. I ended up selling the land but I found the buyer. My broker paid her 25% of the 3% for the listing side. Is she entitled to 25% of the 3% of the selling side as well because I had both sides?
That makes sense to me, but to avoid situations like this in the future you should include this scenario in your referral agreement.
DO you have a draft email that I can use as a template to request referrals from agents in other offices in my company since I am in a second home area. Thank You!
Not yet, but if you come up with something good we’d love to add it to the article and credit you! You can email us here: info@theclose.com
So if I was a property manager prior to becoming a licensed realtor, and one such property wanted to sell, which I linked with a realtor friend. Now I’m licensed with keller Williams, and the property sold and friend wants to give me a referral fee, but no contract was ever written. How do I proceed?
I think that might depend on what kind of contract you had with the property management firm you worked for when you made the referral, if i am understanding your situation correctly. That said, since you are now a licensed agent, you could always fill out a referral form now and go through the proper channels assuming your help on the referral continued after you were licensed… I’m far from a lawyer though, so you might want to give NAR a call and see what they say.
If I am a Real Estate agent in Mass., and refer my business partner to a Real Estate agent in Maine, and he found a house and is almost ready to close, and he wants to put me on the title, as a “Tenant in Common”, will this effect my referral commission?
Hi Kendall –
Great question. In theory, no, it shouldn’t affect it. That being said, if it were me doing the business, I would wait until the transaction is closed, then make that amendment. You can actually have the title company that is closing the deal for you draft an addendum to the title work and submit it with the original package, so it’s super easy and cheap, but if I were doing it, I would separate the two, at least as far as the paperwork is concerned.
Chris
How soon should the referring realtor/ broker secure the signature of the receiving realtor/ broker? Before or after they are introduced to the buyer?
Hi Shirley –
Thanks for the questions. I would suggest securing that referral agreement as soon as possible, and here’s why.
Even if the referring agent or broker doesn’t have a signed buyer / broker agreement with a buyer, the mere act of conducting real estate specific business can constitute an inferred professional relationship in some states. In the event that the state the client is coming from has a portability agreement with your state, the referring agent / broker could STILL be considered the agent of record, even if you take them out and show them homes, since their original broker relationship had already been established.
You can nip all of this in the bud by getting that referral agreement signed first. That way there is a clear paper trail of the transfer of that broker agreement from one agent to another and no chance that two different brokerages could lay claim to the entirety of a commission.
Hope this is helpful!
Chris
Chris, Great info in article and subsequent comments! I’m not an agent. I’m a POA selling my Mom’s 94yo estate. I’d interviewed agents/brokers for months in anticipation but no one understood the property w/o viable comps to compare. I was going to sell myself. A neighbor/friend of Mom’s is an agent. I never wanted her to be our agent or asked for a referral. In chatting with an owner/contractor renovating another 1926 home several doors down, she talked to him first saying we were going to sell soon. (I was meeting everyone new in the neighborhood hoping someone might know a buyer but hadn’t reached out to this neighbor yet. When I followed up with them, he mentioned belonging to investor networks And would be happy to look at the house. After looking at the house he mentioned he probably knew a couple people that might be interested and brought them by a few days later. She mouthed to me that she expected $3000 from me if this
led to An off market direct to investor sale. After I asked for his business card for setting up a time, she asked for one too. That’s when we both found out that he was also an agent. I signed a 3% buyers agent agreement with him only for the two investors he brought by. Neither purchased. Over the weeks, After letting me borrow his blower, a ladder and helping me with other maintenance issues, I realized he was the perfect agent for us. Only 2 days On the market, and an Open house on memorial day and I had four great offers and a contract signed the next morning. I just received an email From the neighbor that she is owed a referral fee from my current agent even though she never knew he was an agent, and none of us knew that I would eventually ask him if he would be my agent. Does he ethically owe her this 25% referral fee? I had already agreed with her that since his investor referrals didn’t pan out, neither would a commission. It feels like a sticky wicket because she had helped my older mom at times as a friend and in return she was given wine, food, and choices of her possessions over the years. Appreciate your guidance since they are neighbors now.
Hi Michèle –
Great question, thanks for your comment. This is a pretty nuanced situation, but I can tell you, legally, there is no referral owed unless a contract for one was signed. That being said, there are a lot of handshake agreements that happen in the real estate industry; a sort of code between Realtors. I agreement this feels like a sticky wicket, but ultimately, I would put this in the hands of your agent. He’s got to balance whether or not the 25% in commission is worth the headache that may follow having to deal with the neighbor down the road. From a legal perspective, he doesn’t owe her anything, but this could be the sort of situation that brokers need to get involved in to help sort it all out.
Hope this helps, and hope it all goes smoothly!
Chris
My wife and I were in the market to buy a house. Our dear friend referred an agent, who is a friend of the agent, to us. We bought a house with this agent. I thought it would be fair for the agent to compensate my friend. The agent did not. Nothing. This made me very upset.
Hi Ralph –
Thanks so much for your thoughts. Sounds like your friend deserved a piece of that commission for making the connection between you and the agent, sorry that didn’t come to be. Things in the real estate industry live and die by the contract language, so without an official agreement, agents will be hard up on getting that referral. But, as a client, you have a lot of power with your agent. Next time, insist on a referral before even starting the buying or selling process, I bet your agent will work with you to make sure your referring agent is taken care of.
All the best in 2020!
Chris
Question… what is the PA law on referrals between and broker and a builders agent. Builders agent referred customer to broker to sell 3 houses for customer. Would it be illegal for builders agent to receive a referral fee?
Michael –
Thanks for the question. I don’t know the exact statute in Pennsylvania, but generally speaking, builders cannot receive a “referral” fee since a referral is paid between licensed brokers. Often times this fee gets reclassified as a “finder’s fee”, but the nitty-gritty of that is challenging and often legal authorities apply the “if it walks like a duck…” standard, meaning that even those its technically called something else, a fee that acts as a referral fee is a no-no. Now, if the builder’s AGENT is making the referral, and the agent is working for a brokerage, that seems like it should be ok, but I would definitely suggest checking with your local board to see what their legal team says.
Thanks!
Chris
Hi Chris,
I manage an apartment complex in NJ where the manager and all leasing must have licenses -which we do, we are trying to establish a co-marketing arrangement with a minor incentive, such as the dog food store across the street sending dog owners who mention they are looking for a pet friendly apartment our way. (We send our pet owners to them for dog food.) We are looking to reward such with a small incentive such as a $50 or $100 gift card – is there a minimum amount allowed for such a thing?
HI Kathryn –
Great question! So, the short answer to this is no, there is no dollar figure that is a minimum amount. You’ve got to be careful here though; an established quid-pro-quo relationship, even dealing in relatively small dollar values like you’re talking about, could be construed as an illegal referral agreement in New Jersey. It is a really fine line, but you might want to double-check with your legal team to be sure.
Chris
Hi, I am a realtor in AZ and showed houses to a commercial real estate agent who asked if I do referrals. I advised him to send me the referral agreement and yes we do. The transaction closed and the buyer sent the referral 3 days after closing. What do I do? My broker said we have nothing in writing so I am not obligated. Nothing was agreed. They did not speak up at closing and told my broker they always pay referrals after a deal has closed.
Hi Kathy –
This is a tricky one. On the one hand, you were very clear about the process, and without an agreement in place, there is no legal obligation to pay a referral. On the other hand, if you feel like NOT paying the referral is going to result in potential future lost income because you’ll lose the opportunity to convert people into repeat clients, that doesn’t seem wise either.
Are you legally obligated? No. Is it the smart thing to do? Maybe.
Keep us in the loop, we’d love to hear how it works out.
Thanks!
Chris
I am a newly licensed Realtor. I own, and rent, property in another state where I am NOT licensed. My current tenant wants to buy the property. I want to sell.
What is the cleanest way to do this between us, involving minimal agent or referral fees?
Also, taking into consideration I would be performing a 1031.
Should I pay a flat fee to a RE Attorney, or to a Listing Agent?