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In California, the Bureau of Real Estate and California law permit a licensed real estate brokerage to pay a referral fee for a real estate transaction to a person not licensed by the Bureau of Real Estate, only if the person who is to get such a fee was not soliciting on behalf of the brokerage.
Agencies typically pay referral fees of 5% to 10% of the revenue they receivebut there's plenty of nuance on how you handle it, and many agencies pay 0% in referral fees.
The California rule is one of a minority of states that permits a pure referral fee, i.e., California permits lawyers to be compensated for referring a matter to another lawyer without requiring the referring lawyer's continued involvement in the matter.
A referral agreement is a legal contract that establishes a joint venture between a service or product provider and a referral party that earns commissions on sales.
Paying or receiving a fee or a thing of value for the referral of business related to the settlement of a federally related mortgage loan without rendering a service is illegal under RESPA.
The California Attorney General issued an opinion in 1995 that a broker can pay a referral fee to an unlicensed person for a referral so long as the referring person was not soliciting on behalf of the broker.
When you're writing up your agreement, make sure you define and answer these key questions:What is the relationship between you and the party giving you referrals?Will you be receiving be qualified or unqualified referrals?How will your agent will be paid?When is the commission on a referral earned?More items...?01-Mar-2017
Referral fees become unlawful kickbacks when they are involved in a fee-generating home sale. Typically, a broker or agent earns fees as a result of services rendered here, the only service rendered in exchange for the referral fee is, well, the referral. But why are kickbacks against the law, anyway?
The California rule is one of a minority of states that permits a pure referral fee, i.e., California permits lawyers to be compensated for referring a matter to another lawyer without requiring the referring lawyer's continued involvement in the matter. In Moran v. Harris (1982) 131 Cal.
7 Key Clauses That Businesses Should Include in Their Referral AgreementNature of the Agreement. Referral agreements should set out the details of the relationship between you and the other business.Exclusivity.Duration of Agreement.Referral Fees.Referral Process.Intellectual Property.Confidentiality and Privacy.