Brokerage & Team

Referral Agreement (Broker-to-Broker) Template

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Available now for CA, TX, FL, NY — more states coming soon. Choose your state ↓

Referral fees are a core revenue stream in real estate — but they are legal only when paid between licensed brokers. Every state's license law prohibits paying referral fees to unlicensed persons, and in transactions involving a federally related mortgage loan, RESPA Section 8 (12 U.S.C. § 2607) prohibits kickbacks and unearned fee-splitting for settlement-service referrals — with an exemption at 12 U.S.C. § 2607(c) that permits cooperative brokerage and referral arrangements between licensed real estate agents and brokers. The practical rule: broker-to-broker referral fees are fine; anything else needs scrutiny. And because a referral fee is a commission-sharing promise, the statute of frauds in most states means an unwritten referral deal is an unenforceable handshake.

This 4-page Referral Agreement locks the arrangement down in writing: identification of referring broker and receiving broker (with license numbers and states), the referred client's identity and the scope of the referral (buy-side, sell-side, or both; geographic area; property types), the referral fee as a percentage of the receiving side's gross commission (or a flat amount), when the fee is earned and payable (at closing, out of escrowed commission), treatment of multiple transactions by the same referred client during a defined capture period, a no-brokerage-services acknowledgment by the referring broker in the destination transaction, status updates, and governing law.

The included notes cover interstate referrals (fee must generally be paid broker-to-broker through the licensee's own broker), states with specific referral disclosure requirements to clients, and the RESPA boundaries for anything touching settlement services beyond brokerage. Template for drafting purposes — not legal advice.

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What's Included in Every State Edition

  • Broker identification with license numbers & states
  • Referred client & scope (side, geography, property type)
  • Referral fee: percentage of gross commission or flat fee
  • Earned/payable timing & payment through closing
  • Multi-transaction capture period
  • No-brokerage-services acknowledgment
  • Status update obligations & governing law
  • RESPA § 8 / 12 U.S.C. § 2607 compliance notes
  • 50-state & interstate referral notes

Grounded in Law

Structured around the RESPA § 8 anti-kickback prohibition (12 U.S.C. § 2607) and its cooperative-brokerage exemption at § 2607(c), state license-law bans on fees to unlicensed persons, and statute-of-frauds writing requirements for commission-sharing agreements.