Real Estate Agent Referral Agreement Template for New Zealand

A Real Estate Agent Referral Agreement is a formal contract between licensed real estate professionals in New Zealand that establishes the terms for referring clients and sharing referral fees. This agreement ensures compliance with the Real Estate Agents Act 2008 while protecting the interests of both the referring and receiving parties in property transactions.

When do you need this document?

You need this agreement when referring clients to another licensed agent or agency outside your geographic area or expertise. Common scenarios include referring residential clients to commercial property specialists, directing Auckland clients to Canterbury agents, or partnering with franchise networks for interstate referrals. The agreement is also essential when establishing ongoing referral relationships with agents who specialize in luxury properties, rural estates, or specific ethnic communities. Any formal referral arrangement that involves fee sharing requires this documented agreement to ensure legal compliance and professional protection.

Key legal considerations

The agreement must clearly identify all parties with their Real Estate Agents Authority license numbers and ensure both referring and receiving parties hold current licenses under the Real Estate Agents Act 2008. Referral fee structures must be transparent and comply with industry standards, typically ranging from 15-25% of the receiving agent's commission. Confidentiality clauses must protect client information in accordance with the Privacy Act 2020, while service standard provisions ensure professional conduct throughout the referral process. The agreement should address dispute resolution mechanisms and termination procedures, including how ongoing transactions will be handled if the agreement ends. Anti-money laundering obligations under the AML/CFT Act 2009 must be considered when handling client information and transaction proceeds.

Legal requirements in New Zealand

Under New Zealand law, all parties to the referral agreement must be licensed under the Real Estate Agents Act 2008, with current practicing certificates from the Real Estate Agents Authority. The agreement must comply with fair trading requirements under the Fair Trading Act 1986, ensuring no misleading or deceptive conduct in referral arrangements. Contract formation must meet the standards set by the Contract and Commercial Law Act 2017, with clear offer, acceptance, and consideration elements. Client consent may be required for information sharing between agents, and all privacy obligations under the Privacy Act 2020 must be strictly observed. The agreement should specify which party holds primary responsibility for AML/CFT compliance and client verification procedures during the referral process.