The Broker Referral Agreement serves as a foundational document for establishing professional relationships between licensed real estate professionals in the United States. This agreement is essential when brokers wish to formalize referral arrangements while ensuring compliance with federal regulations like RESPA and state-specific real estate laws. The document typically includes detailed provisions for compensation, territorial rights, and referral procedures, while maintaining necessary compliance with anti-kickback provisions and licensing requirements.
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1. Parties: Identification of the referring broker and receiving broker
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement including 'Referral', 'Territory', 'Qualified Lead', and 'Commission'
4. Referral Terms: Specific conditions under which referrals will be made and accepted
5. Compensation: Fee structure and payment terms for referrals, including timing and method of payment
6. Term and Termination: Duration of agreement and conditions for termination or renewal
7. Representations and Warranties: Statements of fact and promises made by each party regarding licenses, compliance, and authority
8. Confidentiality: Obligations regarding confidential information shared between parties
9. General Provisions: Standard legal provisions including notices, amendments, governing law, and dispute resolution
1. Exclusivity: Terms defining whether the referral relationship is exclusive or non-exclusive
2. Territory: Geographic limitations and boundaries of the referral arrangement
3. Marketing: Terms regarding joint marketing efforts and use of each other's brands
4. Compliance Training: Requirements for maintaining regulatory compliance and necessary training
5. Data Protection: Specific provisions regarding handling of personal data and privacy compliance
1. Schedule A - Fee Schedule: Detailed breakdown of referral fees and commission splits
2. Schedule B - Referral Process: Step-by-step procedure for making and tracking referrals
3. Schedule C - Compliance Checklist: Required documentation and procedures for regulatory compliance
4. Schedule D - Contact Information: Key personnel and their contact details for both parties
Relevant legal definitions
Agreement
Applicable Law
Broker
Brokerage Services
Business Day
Client
Confidential Information
Effective Date
Intellectual Property Rights
Licensed Territory
Permitted Purpose
Referral
Referral Fee
Referring Broker
Receiving Broker
Real Estate Services
Term
Transaction
Commission
Qualified Lead
Successful Completion
Material Breach
Force Majeure Event
Regulatory Requirements
RESPA
Applicable Law
Broker
Brokerage Services
Business Day
Client
Confidential Information
Effective Date
Intellectual Property Rights
Licensed Territory
Permitted Purpose
Referral
Referral Fee
Referring Broker
Receiving Broker
Real Estate Services
Term
Transaction
Commission
Qualified Lead
Successful Completion
Material Breach
Force Majeure Event
Regulatory Requirements
RESPA
Clauses
Referral Process
Commission Structure
Payment Terms
Territory Rights
Exclusivity
Confidentiality
Non-Solicitation
Regulatory Compliance
Representations and Warranties
Term and Termination
Force Majeure
Indemnification
Insurance Requirements
Intellectual Property
Record Keeping
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Amendment
Severability
Data Protection
Professional Standards
Marketing and Promotion
Commission Structure
Payment Terms
Territory Rights
Exclusivity
Confidentiality
Non-Solicitation
Regulatory Compliance
Representations and Warranties
Term and Termination
Force Majeure
Indemnification
Insurance Requirements
Intellectual Property
Record Keeping
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Amendment
Severability
Data Protection
Professional Standards
Marketing and Promotion
Relevant Industries
Relevant Teams
Relevant Roles
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