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#5118 - 07/25/06 10:05 AM Referral fees from state-to-state (CA to AZ)?? Is it legal?
bradleyt78 Offline
Member

Registered: 07/08/06
Posts: 38
Loc: Phoenix, AZ
Does anyone know the legalities of paying another licensed salesperson a referral fee after close of escrow for sending clients my way? Is it legal? It would be a California referral to me in Arizona ... any suggestions or recommendations or known legalities would be appreciated!
_________________________
Brad Shaffer
Phoenix, Arizona

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#5119 - 07/25/06 10:08 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
It is perfectly legal to pay referral fees broker to broker to licensed out of state licensees. What makes you ask?

 Quote:
Originally posted by bradleyt78:
Does anyone know the legalities of paying another licensed salesperson a referral fee after close of escrow for sending clients my way? Is it legal? It would be a California referral to me in Arizona ... any suggestions or recommendations or known legalities would be appreciated!
_________________________
Paul Oaks
Oaks Real Estate Group

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#5120 - 07/25/06 10:10 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
bradleyt78 Offline
Member

Registered: 07/08/06
Posts: 38
Loc: Phoenix, AZ
Because I was unsure of the answer! I am just starting in Arizona and wanted to make sure this was legal! I have a lead from an agent in Los Angeles and if we sign a contract I want to make sure I don't lose my license on one of my first deals!!! Thanks so much for the reply!
_________________________
Brad Shaffer
Phoenix, Arizona

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#5121 - 07/25/06 10:21 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
The contract is actually between your broker and the broker of the other agent.

 Quote:
Originally posted by bradleyt78:
Because I was unsure of the answer! I am just starting in Arizona and wanted to make sure this was legal! I have a lead from an agent in Los Angeles and if we sign a contract I want to make sure I don't lose my license on one of my first deals!!! Thanks so much for the reply!
_________________________
Paul Oaks
Oaks Real Estate Group

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#5122 - 07/25/06 11:09 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Jflynn Offline
Member

Registered: 07/16/04
Posts: 2899
I wonder if all states allow this? In other words, is interstate referral payment between brokers allowed in all states in both directions? I'd not be surprised if a state or two prohoibits receiving referral fees from a transaction in another state.

Anyhow, unless someone knows the Arizona real estate law pretty well I can't see how they could answer such a question. I know receiving a referral is legal for a broker-of-record here in Texas but I wouldn't presume the same to be true in Arizona.
_________________________
Dallas Real Estate

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#5123 - 07/25/06 11:38 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Jason,
I know this based on Coldwell Bankers Relocation department and othe relocation companies that are national. There are no exceptions listed
and I have personal experience over the last 17yrs with referral fees from 39 different states and 5 foreign countries and I have received 6 referrals from clients relocation to AZ and 2 of those were last year.

That is why I said Yes instead of my guess would be yes.


 Quote:
Originally posted by Jflynn:
I wonder if all states allow this? In other words, is interstate referral payment between brokers allowed in all states in both directions? I'd not be surprised if a state or two prohoibits receiving referral fees from a transaction in another state.

Anyhow, unless Paul knows the Arizona real estate law pretty well I can't see how he could answer such a question as I believe he is licensed in a different state. I know receiving a referral is legal for a broker-of-record here in Texas but I wouldn't presume the same to be true in Arizona.

I'd guess the answer is "yes" it's okay, but a guess is as far as I'd go with it.
_________________________
Paul Oaks
Oaks Real Estate Group

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#5124 - 07/25/06 11:39 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Carla in Colorado Springs Offline
Veteran Member

Registered: 06/08/05
Posts: 899
Loc: Colorado Springs
Your broker should have a referral agreement form for you to use. If not, PM me with your e-mail address and I will send you one.
_________________________
Carla Starkie
Productivity Coach/ Associate Broker
Keller Williams Realty
http://CSColorado.com
http://stereofame.com/cstarkie
Find me on Facebook- Carla Cornett Starkie
or
Carley Starr (stage name) http://facebook.com/carleystarr

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#5125 - 07/25/06 11:46 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Jflynn Offline
Member

Registered: 07/16/04
Posts: 2899
Paul:

So your broker has paid a referral fee to a broker AZ? That would be a pretty darn good clue that it's okay, except you still wouldn't know for sure because sending someone a check doesn't prove it was legal for them to receive it.
_________________________
Dallas Real Estate

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#5126 - 07/25/06 11:52 AM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Get real Jason,
Check with your own companies relocation department if it has one instead of wasting peoples time. BTW it was an AZ broker sending my brokerage a check for buyers I referred.

 Quote:
Originally posted by Jflynn:
Paul:

So your broker has paid a referral fee to a broker AZ? That would be a pretty darn good clue that it's okay, except you still wouldn't know for sure because sending someone a check doesn't prove it was legal for them to receive it.
_________________________
Paul Oaks
Oaks Real Estate Group

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#5127 - 07/25/06 12:24 PM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Jflynn Offline
Member

Registered: 07/16/04
Posts: 2899
 Quote:
Originally posted by Paul Oaks:
Get real Jason,
BTW it was an AZ broker sending my brokerage a check for buyers I referred.
Bradley asked about receiving a referral fee in AZ from an out-of-state transaction, not the other way around. You cannot imply that this is legal based on your personal experience which was the other way around, unless you're just dying to practice law and give legal advice to a person in another state.

Is that real enough for you?
_________________________
Dallas Real Estate

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#5128 - 07/25/06 08:06 PM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
AZ- Realtor Offline
Veteran Member

Registered: 08/16/05
Posts: 626
Loc: AZ
yes u can pay and accept a referral.

Take a look at these online lead generators - they hold a brokers license in 1 state which allows them to collect referrals from any state.

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#5129 - 07/25/06 08:15 PM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
smg Offline
Major Contributor

Registered: 02/16/06
Posts: 2130
Loc: United States
Yes Yes Yes....legal legal legal. I am in Az and its legal.

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#5130 - 07/25/06 09:35 PM Re: Referral fees from state-to-state (CA to AZ)?? Is it legal?
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Give it up Jason!

My information is 100% factual. Actually I can base this off my personal experience because I have received and paid out of state referral fees on numerous occasions. Try thinking for just one second now...how do you think these large relocation companies could operate if the practice was illegal. And as someone already mentioned these lead companies that hold a license in a single state.


 Quote:
Originally posted by Jflynn:
 Quote:
Originally posted by Paul Oaks:
Get real Jason,
BTW it was an AZ broker sending my brokerage a check for buyers I referred.
Bradley asked about receiving a referral fee in AZ from an out-of-state transaction, not the other way around. You cannot imply that this is legal based on your personal experience which was the other way around, unless you're just dying to practice law and give legal advice to a person in another state.

Is that real enough for you?
_________________________
Paul Oaks
Oaks Real Estate Group

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