UNLICENSED PERSONS This bulletin applies to real estate brokers, property managers and mortgage brokers. Soliciting a referral fee requires real estate licensure. Referral Fees: This topic generates a number of questions, usually related to the legality of offering it to an unlicensed individual. relatives, friends, people asking for money). A referral fee can be as high or low as both agents agree upon but is generally 25% of the referred agent's commission fees. S.C. Code 40-57-145(A)(11) says it is a violation for a licensee who “pays a commission or compensation to an unlicensed individual for activities requiring a license under this Is this true? A brokerage can pay a referral fee to an unlicensed person if the activities of that person did not require a real estate broker, property management or mortgage broker licence under the Real Estate Act (Act). According to Florida statute Section 475.25(1)(h), if you’re not a licensed real estate broker, broker associate, or sales associate—it’s illegal, in Florida, for any such entities to share, or grant you a commission, fee, or any other type of compensation.However, there certainly are exceptions. Referral fees vary based on a number of factors, but a typical fee is usually 25% of the … The real estate brokerage referral business, commonly called a Limited Function Referral Office (LFRO), must have a business entity brokerage license because the business is assisting in procuring property or clients to effect the sale, exchange, or lease of real estate [TRELA §§1101.001(A)(viii) and (ix)]. If you have an option contract where the person referring you sells you an option on the property(you pay for the referral with an option contract) then both people have an … However, some states allow referral fees to be given to unlicensed individuals, so long as the individual wasn't directly involved in the transaction. fee, referral fee, “bird dog” fee or similar compensation to an unlicensed person. Unlicensed Employees — Permitted Activities The use of unlicensed assistants and other unlicensed of - fice personnel in the real estate industry is very widespread and the Commission is frequently asked by licensees what How much is a finder's fee in real estate? Due to federal RESPA laws (max penalties: $10,000 fine and year in federal prison) and state real estate license law, it is risk to pay anything of value in exchange referrals for leads on buyers to property managers or other folks not licensed to receive referrals (e.g. A duly licensed real estate broker of this State may pay a referral fee or referral commission to a person not licensed if the person is a licensed real estate broker of another jurisdiction. I am going to cover the legal side (spoiler alert - you can do it), but first want to address a common pitfall many new licensees fall into on this topic. How to structure a real estate referral agreement. ANSWER: Under the provisions of Section 1101.002(1)(A)(ix) and (x) of the Real Estate License Act a person making a referral of prospects or property for the sale or rental of real estate must be licensed under the act if the referral is … Paying a referral fee to an unlicensed person is a violation of Florida for both persons. 1. Someone told me that I could pay an unlicensed person a referral fee as long as the fee did not exceed $50. 5 things you didn’t know about Florida’s confusing referral fee law.
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