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Broker Referral Fee Agreement for the United States

Broker Referral Fee Agreement Template for United States

A Broker Referral Fee Agreement is a legal document used in the United States that establishes the terms and conditions under which one broker refers clients to another broker in exchange for a fee. The agreement outlines the referral process, fee structure, payment terms, and compliance requirements with federal and state real estate laws, including RESPA regulations. It provides protection for all parties involved and ensures transparency in referral relationships.

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What is a Broker Referral Fee Agreement?

The Broker Referral Fee Agreement is essential for real estate professionals seeking to formalize referral relationships while maintaining compliance with U.S. federal and state regulations. This document is commonly used when brokers want to establish a systematic approach to sharing business opportunities across different markets or specialties. The agreement typically addresses key aspects such as referral qualification criteria, fee calculations, payment timing, and regulatory compliance. It's particularly important in ensuring compliance with RESPA and state-specific real estate laws while protecting the interests of all parties involved in the referral relationship.

What sections should be included in a Broker Referral Fee Agreement?

1. Parties: Identifies the referring broker and receiving broker with full legal names and addresses

2. Background: Explains the context of the referral arrangement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement including 'Referral', 'Referral Fee', 'Qualified Lead'

4. Referral Terms: Details the specific requirements for what constitutes a valid referral

5. Fee Structure: Specifies the referral fee amount or percentage and payment terms

6. Payment Terms: Outlines when and how payments will be made

7. Term and Termination: Specifies duration of agreement and termination conditions

8. Governing Law: Specifies applicable jurisdiction and legal framework

What sections are optional to include in a Broker Referral Fee Agreement?

1. Non-Solicitation: Prevents parties from directly soliciting referred clients

2. Exclusivity: Defines whether the referral arrangement is exclusive

3. Marketing and Promotion: Guidelines for how parties can market the referral relationship

4. Dispute Resolution: Specifies mediation or arbitration procedures

What schedules should be included in a Broker Referral Fee Agreement?

1. Fee Schedule: Detailed breakdown of fee structures for different types of referrals

2. Referral Process Flow: Step-by-step process for handling referrals

3. Required Documentation: List of documents required for processing referrals

4. Territory Definition: Geographic areas covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Clauses


















Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and prohibiting kickbacks in real estate settlements

RESPA Section 8: Specific anti-kickback provisions that regulate referral fees and split fees in real estate transactions

TILA: Truth in Lending Act - Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

Sherman Antitrust Act: Federal law prohibiting anti-competitive behavior and price fixing in business practices, including real estate

State Licensing Laws: State-specific requirements for real estate broker licensing and maintenance of licenses

State Broker Regulations: State-specific rules governing broker conduct, responsibilities, and obligations

State Real Estate Commission Rules: Specific guidelines and requirements set by state real estate commissions for broker operations

State Disclosure Requirements: State-mandated disclosures required in real estate transactions and referral relationships

NAR Code of Ethics: Professional standards and ethical requirements set by the National Association of REALTORSยฎ

IRS Regulations: Federal tax reporting requirements for referral fees and commission income

State Tax Laws: State-specific tax regulations regarding the treatment and reporting of commission and referral income

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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