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When You Get a Referral, and You Agree to Pay a Percentage... Is it Forever?

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Real Estate Agent with California Lifestyle Realty DRE# 1780607

I was recently given a referral for an investor from my Transaction Coordinator.  Their kids go to school together and the investor knows that my TC works in Real Estate.  My TC, who is a licensed agent,  has been very busy by the work I have been doing with other investors...and I am pleased that he is confident in my abilities and skills working with investors.

Today I received a detailed list of criteria from this investor-- who has gathered other buyers to form an LLC-- regarding their search for properties.  They are seeking REO's, distressed, fixers, to rehab-- some to rent out, some to resell.

I agreed to pay a 25% referral fee to my TC on transaction(s) from this client-- and although we have not consumated the deal, and I have only begun to do research on finding homes for him... and it will be a considerable amount of work, but I'm seeing that this could turn into a "multiple deal" client.

  I realize that I would not have this opportunity without the referral-- but is he a referral forever? 

 I want to be fair and do the right thing-- my TC will also be getting paid a transaction fee for every deal we close together as well.

My QUESTION is... do you put a LIMIT on how many homes you pay a referral fee on?

 

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Kathy Schowe   760.333.8886  California LifestyleRealty  California Lifestyle RealtySchowe Properties                                           

        

                  
                                   

Anthony Rael
RE/MAX Alliance - Arvada, CO
RE/MAX Alliance

As with eveything else we do, it's negotiable.  It's always best to have a clear understanding (in writing) what the expectations are and then everyone feels like they are being treated fairly and it avoids any misuderstandings in the future.  I've personally never felt that a referral I made to another broker was perpetual.  Interesting conversation though...

Dec 23, 2011 09:55 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Kathy - There's a form in Zipforms that will specify how long, how much, etc.  This makes it very easy, and I believe both sign it.

Beau - I don't think we can pay referral fees to other than licensed agents in CA?

Dec 23, 2011 10:46 AM
Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

It's difficult to say because it's an investor (more that one property). Ask the TC what they think and go from there.

Dec 23, 2011 11:27 AM
Robert L. Brown
www.mrbrownsellsgr.com - Grand Rapids, MI
Grand Rapids Real Estate Bellabay Realty, West Mic

It could go both ways. But whatever the decision it HAS to be in writing to cover all involved.

Dec 23, 2011 11:38 AM
Jamie R. Bell
Bell Realty Group at Berkshire Hathaway HomeServices NEP - Glastonbury, CT
Your Central CT Realtor

Wow, a lot of great responses. I think it really depends on what & if your company has a policy regarding this and if not what you and your TC agree too. I think the communication is the key here. We all want to be fair but I agree is there a point that this could stop or be reduced. good luck!

Here's to a great 2012!

Dec 23, 2011 11:51 AM
Jerry Murphy, CRS, SRES
Long Realty West Valley - Anthem, AZ
Anthem, Phoenix, and Scottsdale AZ Real Estate

I would say only the first deal Kathy.  Because where would end? Would the referring agent expect referral fees from any business that client referred to you?  How about 10 years down the line when they want to sell the home?  Personally, when I refer someone to another agent I only expect a referral fee on that transaction.  After that, they are the agent's client.  Good post and best of luck to you.

Dec 23, 2011 12:46 PM
Donna Paul
Keller Williams Realty Gold Coast - Dix Hills, NY
Long Island Home Specialist,All About Real Estate

Kathy: thanks this one was good one. It's best to make an agreement upfront, and then work on a sliding scale. it's difficult when you want to be fair but I think that you would work it out.

Dec 23, 2011 01:50 PM
Bill Cullen
REMAX Absolute Realty Inc. - Ottawa, ON

This is a great post, since it's evident from the range of responses that there is no one-size-fits-all solution to this type of situation.  I would say that you need to think about it, and maybe discuss it with a business associate or mentor - someone with whom you feel you share the same values. You need to ask yourself in all honesty what would you expect to happen if the roles were reversed. It's a tough one, since it's difficult to step away from the situation mentally and emotionally in order to be truly objective. 

I'll take full advantage of your experience and have a policy in place to deal with this situation should it arise in the future.

Thanks for sharing,

Bill

Dec 23, 2011 02:20 PM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®
Since you agreed to pay on transactionS from this client, I would say that you should pay on transactionS.
Dec 23, 2011 02:20 PM
Bart Foster
Keller Williams Realty Boston - Metro - Boston, MA
Boston MA Real Estate

You must do what is right! Simple test I would think, if said referral purchased and sold properties and you enjoyed the fruits of it, would you not feel obligated to give thanks back to the agent who sent the business your way. Would you not expect the same in return for your referrals?

 

Dec 23, 2011 02:48 PM
S. Leanne Paynter ☼ Broward County, FL
United Realty Group, Inc. - Davie, FL
Davie, Plantation, Cooper City & Weston Specialist

I think your TC should receive a referral fee for each transaction that results from working with this investor (group) he referred to you.  The reason why is simply because it is very likely that this investor (or any of the other buyers from that group of investors that's forming an LLC) will refer more buyers/sellers to you in the future if you do a good job for them and they're happy with your services -- so that "one" referral from your TC will probably pay 'dividends' in the future... dividends that you won't be paying any referral fees for.  The bottom line is as you said... you wouldn't have this opportunity without that referral.  If your TC ends up being unhappy should you decide he should not receive a referral fee for each transaction, then he is less likely to give you any other referrals in the future and it may sour your relationship as well. 

I say -- discuss it with him and see if you can come up with a solution that you are both happy with.  Perhaps you can agree to reduced referral fees for each transaction after the first one -- 25% for the first, 20% for the second, 15% for the 3rd and 10% for each one thereafter... you get the gist... figure out a combination that you're both satisfied with.

Dec 23, 2011 03:12 PM
Paul Francis
Francis Group Real Estate - Las Vegas, NV
Las Vegas Real Estate Agent - Summerlin Homes

I pay a referral fee to the licensed agent that referred me to a client on ALL of the properties they purchase.... or even sell.

I don't even ponder / question it.

One agent from Sacramento sent me one client that ended up short selling three properties when it was all said and done.... I paid her on all three even though the referral started for only one.

Needless to say... she's sent me several other referrals...

Same goes for an agent in Hawaii that sent me a referral for somebody who was looking to buy one property... he's on Number 5 and going. She's been paid on all of them...

My experience but referrals from other agents tend to send the best clients.. by far... so I'm more then happy to pay out.

 

 

 

Dec 23, 2011 03:16 PM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

@ Christine #78

Yes, we can pay referral fees to out of state agents…through their brokers, of course. You must be licensed in the state where the real property exists to sell real estate in any state. You can refer out to an agent in another state and receive a referral from that agent even though you are not licensed in the state in which the property is sold. Same with receiving a referral from an out of state agent.

Dec 23, 2011 04:06 PM
Anonymous
Ron Climer

     It is funny.  When you see a post you want to comment on, you read the other comments and someone has already said what you want to say.  I agree with number ninety.  If you would like more referrals, pay the referer (is that a word?) for all the business that the referral generates for you.

     If that is not your intent, let the referer know up front.

     Wouldn't this be cool?  Your TC refers a client to you.  You sell them something and pay the TC.  Then you sale them a second house and don't pay TC.  Then you heard through the grapevine that they bought a house from your competitor.  You call up YOUR client and ask ," Are you unhappy with me?" They tell that TC refered them to this new guy. The client buys ten more houses from the new guy and TC makes money every time.

     Double that in spades if it was a listing.  If TC refers you to a bank that lists twenty houses per year with you,do you think it would be right to pay TC a few hundred bucks for the first one?

     What does TC think?

     One thing is certain.  Make sure TC knows what the deal is up front.  Many times we get referrals from people that have a license but are not really in the trenches. The best surprise is still no surprise.

Dec 24, 2011 01:13 AM
#91
Cathy Criado
Criado Realty - San Antonio, TX
Making Real Estate Profitable

Do unto others is my motto. I have a client I referred because I don't do PM But if they sell, and have a longstandign relationoship now, should I expect  referral? No, because I gave that client away and it would be my fault if I can't reel them back in for a sale, if they ever sell. But if it's a piplene, I'd pay it subject to a few criteria. If it was say, a cold lead and I had to work it then probably not. But will that agent that referred him/her be okay with that? Might there be more?

A good litmus test is - would you teach that in a real esate class? 

Dashing through the rain
In a Toyota Rav4 truck

O'er the aisles I go

Shopping all the way

Grocery treats I buy

Making spirits bright

What fun it is to laugh and sing

A grocery song this morn'!


Oh, jingle bells, jingle bells

Jingle all the way

Oh, what fun it is to cook

On a fab gas stove this morn'- hey!

Jingle bells, jingle bells

Jingle all the way

Oh, what fun it is to cook

On a fab gas stove this morn' -hey!


A day or two ago

I thought to make tamales

This crazy thought I had

kept flying through my head

The pork was fresh and lean

The corn shucks were to soak

I laughed and danced because I found

my tamales to be yum!


Oh, jingle bells, jingle bells

Jingle all the way

Oh, what fun it is to cook

On a fab gas stove this morn'- hey!

Jingle bells, jingle bells

Jingle all the way

Oh, what fun it is to cook

On a fab gas stove this morn' -hey!


Merry Christmas!

Dec 24, 2011 02:57 AM
Kathy Schowe
California Lifestyle Realty - La Quinta, CA
La Quinta, California 760-333-8886

Thanks for all of your comments and insights!  And for the Holiday Wishes too!  Merry, merry!  Kathy

Dec 24, 2011 07:03 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I agree that referrals don't have expiration.

I worked in wholesale awhile  ago; when and if we had referral, we signed that it is 'for life', no expiration. If was a part of a referral agreement.

Dec 16, 2012 08:13 AM
Sherine Price
Dove Realty - Oklahoma City, OK
CRS, GRI, CHMS

Great discussion and a topic that I'm struggling with lately too. 

I recently made a listing referral, the agent listed, expired, listed again, expired, and then listed again and sold it.  She refuses to pay the referral fee.  Our referral agreement does not have an expiration date. 

If I were on the receiving side of the referral, I would pay the referral fee. 

I'm thinking that my referral agreement form needs to specify an expiration date or that there is not an expiration date.

I value my reputation and ethics much more than disputing over a referral fee.  If I've received a referral, I will pay the referral fee regardless of any unusual circumstances or question marks left by the referral agreement. 

Some agents just bend the rules to fit themselves and don't concern themselves with ethics.  I will be much more cautious about who I give my referrals to in the future.

 

Jan 10, 2013 05:37 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

oops, taking my words back.....

I got into similar situation, but even worse.

The deal that I was introduced to, does not go through, but another property is having a lot of activity. We talked about first one, now the referring source found out about the second. It was out of the deal, but feels weird...

Apr 05, 2013 05:25 PM
Anonymous
Sherine

Inna,  if it feels weird, perhaps you should have a conversation with the other agent about it and possibly go ahead and pay them a referral fee of some amount agreed upon by both of you.  From your post I don't understand where the second property came from, perhaps from the referred client?  But, offering a referral fee to the referring source anyway, since the actual referral didn't close, will go along way towards getting rid of that weird feeling you are having, impressing your colleague, influencing your colleague to behave the same way in the future when they are in that dilemna, boosting your reputation, providing an excellent example to all of ethics and generosity above all else, not to mention it's good karma!  Thanks for sharing!

Apr 05, 2013 10:49 PM
#97