Kentucky Finder's Fee Agreement Regarding Real Property Sales

State:
Multi-State
Control #:
US-0154BG
Format:
Word; 
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Description

In a real estate context, a finder's fee may be paid for locating property, obtaining mortgage financing. or referring sellers or buyers. A finder's fee is money paid to a person for finding someone interested in selling or buying property. To conduct any negotiations of sale terms, the finder may be required to be a licensed broker or he violates the law. However, state laws, which vary by state, may also provide an exemption for certain individuals, allowing them to be compensated without the necessity of licensure. For example, one state's law allows an exemption for either a property management firm or an owner of an apartment complex to pay a finder’s fee or referral of up to $50 to a current tenant for referring a new tenant. The fee can be in the form of cash, a rental reduction or some other thing of value. The party claiming compensation under this exemption is not allowed to advertise for prospective tenants.
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FAQ

Follow these steps to compose a business Referral Fee Agreement:State the names of the parties - customer and finder.Describe the purpose of the contract.Term of the agreement.Finder's fee.Exclusivity clause.Confidentiality clause.Termination clause.Signatures of the parties and the actual date of signing.

The commission is usually a percentage of the sale price. Sales agents who earn commissions can work for the buyer or the seller. A finders fee, on the other hand, is a payment that someone earns after making an introduction or discovering an opportunity that results in a sale.

Sometimes, businesses pay referral fees in exchange for a client introduction. But more often, a referral fee is tied directly to a sale. Referral fees are usually in cash, although it's also common for a fee to come in sales credits or a gift card.

A referral fee not paid in the prescribed manner would constitute illegal sharing of commission and payment of commission to or receipt of commission by an unlicensed person in violation of KRS 304.9-421 and 304.9-425, respectively.

A finder's fee or referral fee is a commission paid to the person or entity that facilitated a deal by linking up a potential customer with an opportunity. A finder's fee is a reward and an incentive to motivate the facilitator of the transaction to keep providing referrals to the buyer or seller in the deal.

The terms of finder's fees can vary greatly, with some citing 5% to 35% of the total value of the deal being used as a benchmark. It's a staple of Fundera's business model. In many cases, the finder's fee may simply be a gift from one party to another, as no legal obligation to pay a commission exists.

While there is no set percentage, the average finder's fee for real estate commonly ranges from 5% to 35% of the seller's commission. Sometimes a finder's fee is money, and other times it's a gift.

A Finder's Fee Agreement outlines the relationship and the compensation to be expected in a relationship where an incentive is being offered in exchange for new leads or clients. Documenting your arrangement on paper helps ensure that the interests of both parties are laid out in certain terms.

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.

Referral fees are a marketing expense, a payment for a lead (but it's only paid if the sale is made). Sales commissions are a sales expense, a payment to a salesperson to close a sale.

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Kentucky Finder's Fee Agreement Regarding Real Property Sales