Referral Agreement (Broker-to-Broker) — Missouri Edition Template

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.

About this Missouri Edition: Every one of the 12 templates has been redrafted around Missouri's real estate license law (RSMo Chapter 339) and its brokerage relationship statutes (RSMo §§ 339.710–339.860), which give Missouri a statutory menu of seller's agent, buyer's agent, dual agent (lawful only with written consent of all parties, § 339.750), designated agent (§ 339.820), and transaction broker (§ 339.755, the default when there is no written agency agreement). The forms also reflect RSMo § 339.150 (compensation payable only to and through licensed brokers), § 339.105 (escrow accounts), the Missouri Real Estate Commission's rules at 20 CSR 2250 (definite expiration dates, no automatic renewal, advertising and record retention), the statute of frauds (RSMo § 432.010), and Missouri's Uniform Electronic Transactions Act (RSMo Chapter 432). Because Missouri has no mandatory statutory seller disclosure form, the seller disclosure template is built on Missouri's common-law fraud and latent-defect principles plus the methamphetamine-production disclosure statute (RSMo § 442.606) and the psychologically-impacted-property safe harbor (RSMo § 442.600), with the federal lead-based paint rules and RSMo Chapter 701 lead program addressed separately.