I'm a broker in SW Florida and I recently began marketing buyer rebates.  I have been searching the internet to find out exactly what the disclosure requirements are for my state and I finally called the legal hotline.  They directed me to the Florida Administrative Code 61J2-10.028 Kickbacks or Rebates.

Reads as follows:

(1) Any real estate licensee who receives, or makes any arrangement or agreement to receive, directly or indirectly, any kickback or rebate, for the placement of, or favor in, any business transaction which forms a part of, or is incident to, any transaction(s) negotiated or handled by said licensee, is a violation of Section 475.25(1)(b) or (d), Florida Statutes, or both of said subsections of the Florida Statutes, unless prior to the time of the placement of, or favor in, said business transaction, the licensee shall have fully advised the principal if any and all affected parties in the transaction(s), which the licensee is handling, of all facts pertaining to the arrangement of kickbacks or rebates.

(2) The sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I, Florida Statutes.

A lawyer at the legal hotline said the disclosure does not have to be on the sales contract or the HUD.  However, I assume the lender will want it on the HUD.  If the lender objects to the rebate then I cannot give the rebate because I would be committing loan fraud. 

If you are a real estate broker who has been giving buyer rebates please drop me a line and let me know how it has been working for you. 

Mark Hetrick www.listinmls.com