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Is there any way around having to be a licensed broker in…

Customer Question
Is there any way around...
Is there any way around having to be a licensed broker in order to receive a referral fee?
Submitted: 1 month ago.Category: Business Law
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1/4/2018
Business Lawyer: Ely, Attorney replied 1 month ago
Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 103,174
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

This depends. What state, please?

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Customer reply replied 1 month ago
Any state, I work for a lead generation company and we have found out a way to generate real estate leads and are asking for a 20% referral on the back end. But we see there is a lot of legal logistics behind this, so we want to make sure we do not break any laws.
Business Lawyer: Ely, Attorney replied 1 month ago

Every state has different laws about referral fees re: realtors. Some allow it; some do not; some allow it but only in limited circumstances. So we are talking about a potential research project of 50 states.

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Customer reply replied 1 month ago
or even just certain states. So what state allows it then? And if it is allowed, does RESPA override?
Business Lawyer: Ely, Attorney replied 1 month ago

Hmm... I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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