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Real Estate Referral Fee Agreement Template for United States

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Key Requirements PROMPT example:

Real Estate Referral Fee Agreement

"I need a Real Estate Referral Fee Agreement between my brokerage firm in California and a partner firm in Texas, with a 25% referral fee structure and quarterly payment terms, to be effective from March 1, 2025."

Document background
The Real Estate Referral Fee Agreement serves as a crucial document in the U.S. real estate industry, facilitating cooperation between licensed professionals across different markets and jurisdictions. This agreement is essential when real estate agents or brokers wish to formalize arrangements for referring clients to colleagues in other locations or specialties. It ensures compliance with federal and state regulations while protecting all parties' interests by clearly defining the referral relationship, compensation structure, and professional obligations. The document is particularly important given the strict regulatory environment surrounding real estate referral fees in the United States.
Suggested Sections

1. Parties: Identifies the referring and receiving real estate professionals/brokers, including license numbers and contact information

2. Background: Explains the context of the referral arrangement and the purpose of the agreement

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

4. Referral Terms: Outlines the specific terms of the referral arrangement, including duties and responsibilities

5. Fee Structure: Details the agreed-upon referral fee percentage or amount and payment terms

6. Term and Termination: Specifies duration of the agreement and conditions for termination

7. Compliance: Addresses compliance with applicable real estate laws and regulations

Optional Sections

1. Exclusivity: Defines whether the referral arrangement is exclusive and the terms of such exclusivity

2. Territory: Defines geographical limitations of the referral arrangement and any territorial restrictions

3. Performance Standards: Sets specific standards for handling referrals and maintaining service quality

4. Marketing Requirements: Outlines how the referral relationship can be marketed and promoted by both parties

Suggested Schedules

1. Fee Schedule: Detailed breakdown of referral fee calculations for different types of transactions

2. Territory Map: Visual representation of covered geographic areas if territorial restrictions apply

3. License Documentation: Copies of current real estate licenses for all parties involved

4. Referral Process Flow: Step-by-step process documentation for handling referrals between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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 governing real estate transactions and prohibiting kickbacks or unearned fees in real estate settlements

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

State Real Estate Commission Regulations: State-specific regulatory framework governing real estate transactions, including referral fee structures and limitations

State Licensing Requirements: Mandatory licensing regulations for real estate professionals who can legally participate in referral fee arrangements

State Broker Laws: Specific regulations governing broker conduct, responsibilities, and fee arrangements within each state

NAR Code of Ethics: National Association of REALTORS�� ethical guidelines and standards for professional conduct in real estate transactions

MLS Rules: Multiple Listing Service regulations governing how properties are listed and how professionals cooperate and compensate each other

Contract Law Fundamentals: Basic contract law principles including consideration, offer, acceptance, capacity to contract, and legal purpose requirements

Disclosure Requirements: Legal obligations to disclose referral fee arrangements to all parties involved in the transaction

Fee Limitations: State-specific restrictions on referral fee percentages and structures that can be legally implemented

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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