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Buyer Referral Agreement Template for United States

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Key Requirements PROMPT example:

Buyer Referral Agreement

"I need a Buyer Referral Agreement for my real estate agency in California, which will pay a 25% commission to independent agents who refer successful luxury property buyers, with a minimum transaction value of $2M, starting March 2025."

Document background
The Buyer Referral Agreement serves as a crucial document for businesses seeking to expand their customer base through structured referral programs. This contract type is particularly important in regulated industries such as real estate, where compliance with federal laws like RESPA is essential. The agreement defines the relationship between parties, establishes clear compensation structures, and ensures compliance with applicable U.S. state and federal regulations. It protects both the referrer and the business by clearly outlining expectations, responsibilities, and payment terms while maintaining necessary legal compliance.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Referral Services: Details the scope and nature of referral services to be provided

5. Compensation: Specifies referral fees, payment terms, and conditions for payment

6. Term and Termination: Defines duration of agreement and termination conditions

7. Representations and Warranties: States parties' assurances regarding licenses, compliance, and authority

8. Confidentiality: Outlines handling of confidential information

Optional Sections

1. Non-Compete: Restricts competitive activities - use when protecting business interests from competition is crucial

2. Marketing Guidelines: Specifies permitted marketing practices - use when referrer will be actively marketing services

3. Insurance Requirements: Specifies required insurance coverage - use when risk management is a significant concern

4. Data Protection: Details data handling requirements - use when significant personal data will be shared

Suggested Schedules

1. Fee Schedule: Detailed breakdown of referral fees and payment structures

2. Territory Definition: Defines geographical areas covered by the agreement

3. Referral Process: Step-by-step process for making and tracking referrals

4. Compliance Checklist: List of regulatory requirements and compliance procedures

Authors

Alex Denne

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

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Industries

RESPA: Real Estate Settlement Procedures Act - Federal law that governs referral fees and kickbacks in real estate transactions, particularly Section 8

TILA: Truth in Lending Act - Federal regulation requiring disclosure of credit terms and standardizing how costs are calculated and disclosed

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

Sherman Antitrust Act: Federal antitrust law preventing anti-competitive practices and monopolies in business arrangements

FTC Act: Federal Trade Commission Act governing unfair or deceptive practices in commerce

State Real Estate Licensing Laws: State-specific regulations governing who can engage in real estate activities and referrals

State Consumer Protection Laws: State-specific laws protecting consumers from unfair business practices and fraud

State Referral Fee Regulations: State-specific rules governing the payment and receipt of referral fees

State Anti-Kickback Statutes: State laws prohibiting illegal kickbacks in business transactions

NAR Code of Ethics: Professional standards set by the National Association of REALTORS�� for member conduct

State Real Estate Commission Rules: Regulatory requirements set by state real estate commissions governing professional conduct

State Data Privacy Laws: State-specific regulations governing the collection, use, and protection of personal data

CAN-SPAM Act: Federal law governing commercial email practices and electronic communications

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

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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