Broker To Broker Referral Agreement for the United States

Broker To Broker Referral Agreement Template for United States

A Broker to Broker Referral Agreement is a legally binding document used in the United States real estate industry that establishes the terms and conditions under which one licensed broker refers clients to another broker in exchange for a fee. The agreement complies with federal regulations including RESPA and state-specific real estate laws, outlining commission structures, payment terms, and responsibilities of both parties while ensuring compliance with anti-kickback provisions.

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What is a Broker To Broker Referral Agreement?

The Broker to Broker Referral Agreement is essential when licensed real estate professionals wish to formalize referral arrangements across different markets or specialties. This document is commonly used when a broker cannot serve a client directly due to geographic limitations, licensing restrictions, or expertise requirements. The agreement, governed by U.S. federal and state real estate laws, establishes clear terms for compensation, defines the scope of referral relationships, and ensures compliance with regulatory requirements including RESPA and state-specific regulations. It protects both parties' interests while facilitating professional cooperation in the real estate industry.

What sections should be included in a Broker To Broker Referral Agreement?

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' intent to refer business

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

4. Scope of Agreement: Outlines the nature of referrals and services covered

5. Referral Fee Structure: Details the agreed-upon referral fee percentages and calculation methods

6. Payment Terms: Specifies when and how referral fees will be paid

7. Term and Termination: Defines duration of agreement and termination conditions

8. Representations and Warranties: Confirms licensing status and authority to enter agreement

What sections are optional to include in a Broker To Broker Referral Agreement?

1. Territory Restrictions: Defines geographic limitations for areas where referrals can be made

2. Exclusivity: Defines whether the referral relationship is exclusive between the parties

3. Marketing Guidelines: Establishes rules and procedures for marketing the referral relationship

4. Data Protection: Sets out procedures for handling personal information and customer data

What schedules should be included in a Broker To Broker Referral Agreement?

1. Commission Schedule: Detailed breakdown of commission rates for different types of transactions

2. Referral Process Flow: Step-by-step procedure for handling referrals between brokers

3. Required Forms: Standard forms and templates used in the referral process

4. Territory Map: Visual representation of covered geographic areas when territory restrictions apply

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and prohibiting kickbacks, with specific provisions under Section 8 regarding referral fees

TILA: Truth in Lending Act - Federal regulation requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics such as race, color, religion, sex, disability, familial status, or national origin

Sherman Antitrust Act: Federal antitrust law preventing anti-competitive practices, price fixing, and market allocation between brokers

State Real Estate Commission Regulations: State-specific rules governing real estate practices, including licensing requirements, conduct standards, and referral fee regulations

NAR Code of Ethics: National Association of REALTORSยฎ professional standards and ethical requirements for member conduct, including referral practices

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

State Contract Laws: State-specific laws governing contract formation, enforcement, and requirements under the Statute of Frauds

Commission Splitting Regulations: State and federal regulations governing how real estate commissions can be shared or split between brokers

State Privacy Laws: State-specific requirements for handling, protecting, and sharing personal information in real estate transactions

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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