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Referral Agreement Between Brokers for the United States

Referral Agreement Between Brokers Template for United States

A Referral Agreement Between Brokers is a legally binding contract used in the United States real estate industry that establishes the terms and conditions under which one licensed broker refers clients to another broker. The agreement outlines referral fees, payment terms, and compliance requirements with federal and state real estate laws, including RESPA regulations. It provides protection for both parties and ensures clear communication regarding commission splits and referral processes.

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Referral Agreement Between Brokers

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What is a Referral Agreement Between Brokers?

The Referral Agreement Between Brokers serves as a crucial document in the U.S. real estate industry, facilitating professional collaboration between licensed brokers. This agreement is essential when brokers wish to establish formal referral relationships, particularly when operating across different geographic areas or specializations. The document ensures compliance with federal regulations like RESPA and state-specific real estate laws while protecting both parties' interests through clear delineation of referral processes, commission structures, and mutual obligations. It's particularly valuable for brokers looking to expand their network and provide comprehensive services to clients beyond their immediate market area.

What sections should be included in a Referral Agreement Between Brokers?

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

2. Background: Establishes the context of the agreement and the parties' intentions to refer business

3. Definitions: Defines key terms used throughout the agreement including 'Referral', 'Commission', 'Qualified Lead'

4. Referral Terms: Details the process of making and accepting referrals

5. Compensation Structure: Specifies referral fees and payment terms

6. Term and Termination: Duration of agreement and termination conditions

7. Compliance: Regulatory compliance requirements and representations

What sections are optional to include in a Referral Agreement Between Brokers?

1. Territory: Defines geographic scope of referrals when parties wish to limit referrals to specific geographic areas

2. Exclusivity: Terms of exclusive referral relationship when parties agree to work exclusively with each other

3. Marketing: Guidelines for marketing the referral relationship when parties plan joint marketing efforts

What schedules should be included in a Referral Agreement Between Brokers?

1. Commission Schedule: Detailed breakdown of referral fees and commission splits

2. Referral Process: Step-by-step procedure for making and processing referrals

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

4. License Information: Copies of current broker licenses and certifications

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Clauses


























Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlements and prohibiting kickbacks. Critical for structuring referral fees and compensation arrangements.

RESPA Section 8: Anti-Kickback provisions that specifically regulate referral fees and business arrangements between real estate service providers.

TILA: Truth in Lending Act - Federal law requiring disclosure of credit terms and protecting consumers in credit transactions related to real estate.

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics. Must be considered in referral practices.

Sherman Antitrust Act: Federal antitrust law preventing anti-competitive practices, relevant for structuring referral arrangements between brokers.

State Real Estate Commission Regulations: State-specific rules governing real estate practice, including referral arrangements and broker conduct.

State Licensing Requirements: Specific requirements for maintaining broker licenses and conducting referral business within state boundaries.

State Real Estate Laws: General state laws governing real estate transactions and broker conduct specific to each jurisdiction.

State Antitrust Laws: State-specific regulations preventing anti-competitive practices in real estate transactions.

State Consumer Protection Laws: State laws protecting consumer interests in real estate transactions, including disclosure requirements.

NAR Code of Ethics: National Association of REALTORSยฎ ethical guidelines governing professional conduct and referral practices.

State Real Estate Association Guidelines: Professional standards and guidelines specific to state real estate associations.

Local Real Estate Board Rules: Local-level regulations and requirements for real estate professionals operating within specific markets.

Disclosure Requirements: Mandatory disclosures regarding referral relationships, fees, and business arrangements between brokers.

Fee Splitting Regulations: Rules governing how referral fees and commissions can be split between brokers.

Interstate Transaction Requirements: Special considerations and licensing requirements for referral arrangements crossing state lines.

Commission Structures: Regulations governing how commissions and referral fees can be structured and paid.

Written Agreement Requirements: Legal requirements for documenting referral arrangements between brokers in writing.

Client Consent Requirements: Rules regarding obtaining and documenting client consent for referral arrangements.

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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