This form is a Finder's Fee Agreement. The offerer and the finder agree to certain terms in furtherance of the mutual purpose of solciting customers and marketing the enterprise operated by the offeror. The document provides that the finder is authorized to represent the offerer in locating, soliciting, and selling to potential customers of the offeror.
Utah Finders Fee Agreement
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FAQ
A finder's fee isn't legally binding, so it is often simply a gift from one party to another. This is commonly seen in real estate deals. If someone is selling their home and their friend connects them with a potential buyer, the seller might give their friend a small portion of the sale when the deal is finalized.
Kickbacks and referral fees are essentially a hidden markup on the product or service. If they are not disclosed, they have the great potential of violating trust between the referrer and the individual being referred.
Section R162-2f-401b increases the amount of a referral gift a licensee may pay for an unsolicited referral from $150 to $250, and increases the amount a property management company may pay an unlicensed employee or tenant from $200 to $250.
However defined, or by whatever name used, the use of a finder and the payment of a finders fee in Utah (subject to very narrow exceptions) is illegal and will likely cause a company, its officers, directors and agents to be subject to criminal sanctions and civil liability (on a personal and company level).
Finder's fees are usually determined by how much money the finder's efforts bring in for the company. But a legal issue arises when the finder is not properly licensed as a broker-dealer. In that case, the finder's fee agreement "is an illegal contract and is likely unenforceable," Johnson writes for Inside Counsel.
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.
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.
Let's start with definitions. A finder's fee, or referral fee, is money paid to someone by an individual or agency for referring a new client. In other words, it's a commission. This may be paid according to a predetermined percentage of the value of the transaction arising from the referral, or it may be a flat rate.
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.