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Tony Lewis, Summit Real Estate Group Valencia & Aliso Viejo (Summit Real Estate Group)

Answers

Ambassador
2,567,851
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Author, Golfer, Retired Broker, Wenatchee, WA

I oppose allowing Realtors to pay referral fees to clients or members of their personal sphere for several important reasons.

First, it blurs the line between professional referrals and paid inducements. Real estate transactions rely heavily on trust. When a client refers someone to a Realtor, that recommendation should be based on confidence in the agent’s skill, ethics, and service, not on the expectation of payment. Introducing referral fees risks turning genuine recommendations into financial transactions, which could undermine consumer confidence.

Second, it raises significant ethical and disclosure concerns. Clients who receive referral fees may feel pressured to steer friends or family toward a particular agent, even if that agent is not the best fit. This creates potential conflicts of interest and puts the referring party in a position that may not serve the best interests of the buyer or seller.

Third, it creates enforcement and fairness issues. Once referral fees to clients are permitted, determining appropriate amounts, ensuring proper disclosures, and policing abuses becomes extremely difficult. It could also disadvantage newer agents or those who choose not to participate in paid referral practices, shifting the industry toward a pay-to-play model rather than one based on competence and service.

Finally, current restrictions encourage Realtors to focus on building strong relationships, delivering exceptional service, and earning referrals organically. While the allowable amounts may feel restrictive, they help preserve the integrity of referrals as expressions of trust rather than compensation.

While I sympathize with the desire to reward people who help our businesses grow, I believe allowing referral fees to clients or a sphere of influence would introduce ethical complications and unintended consequences that outweigh the benefits. Maintaining clear professional boundaries ultimately protects both consumers and the reputation of our industry. 

We already have trust issues in our industry and violations that are not being enforced. We don't need to add another layer to that. 

 

Jan 11, 2026 06:35 AM
Rainmaker
1,769,901
Gary Frimann CRS, GRI, SRES, ABR, SFR
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker, Notary

A small stipend is allowable under CA license law.  During the boom of the mid- to late- 00s people (unlicensed) were putting up signs/flyers willing to trade leads for referral fees.  I remember back around 2005 or 200, I was in a meeting with the then DRE Commissioner Jeff Davi Who had just "busted" an office in LA with 1 Broker, 2 Agents and about 100 "Assistants" (who were getting paid).  I feel it is too easy to abuse paying unlicensed Agents or assistants for referrals.  As agents, we'd be held hostage and caught in a bidding war most likely.

Jan 10, 2026 07:55 PM
Ambassador
2,769,942
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 

 

  It's against the Law  in many States, including Florida, to pay referral fees to non-licensed persons.

   There are a few exceptions, including tenant referrals.  And, we can rebate part of the commission to either of the parties.

 

      Here is a great summary of Florida's rule on Referral Fees:

 

  This is prohibited under Florida law, specifically Florida Statutes §475.25(1)(h), which states that a licensee (including a broker) may face discipline for sharing a commission or paying any fee/compensation to a person not properly licensed as a broker, broker associate, or sales associate in Florida for such referrals or related real estate services (as defined in §475.01(1)(a)).

 

Jan 11, 2026 06:35 AM
Rainmaker
2,356,293
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

     Skimming. Middlemen without adding value. If you are an agent who recommends only the ones who offer you the highest referral fee. Some agents refuse to collect them on ethical grounds Tony Lewis

     Check your website link on AR profile Tony. GoDaddy is saying the domain is up for sale?

 

Jan 11, 2026 05:10 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Referrals can get messy, both with agents and others.  At least when giving referral fees to real estate licensees you know that everyone is trying to follow the same rules.

Jan 11, 2026 02:06 AM
Rainmaker
2,752,313
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

I am in no position to say at this time but I thought it was fair the way it was Tony Lewis . In fact there were times I thought I was being asked for two much. If anything I thought it would be nice if we could pay a referral fee to clients who have sent their friends to us.

Jan 10, 2026 06:25 PM
Ambassador
3,555,784
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

 

I would not be in favor of such a practice. 

 

Jan 11, 2026 08:28 AM
Rainmaker
1,165,890
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

It is illegal in AZ to pay a referral fee to an unlicensed party. Only licensed BROKERS may receive compensation. We have run into this with CA loan officers who are licensed but do not have an employing broker. 
IMO if someone wants to earn commissions in real estate they need to obtain a license LIKE WE DID. 
The exception to this statute btw is residential tenants receiving a finders fee in the form of rental credit. The tenant may not perform any duties requiring a license.

Jan 11, 2026 06:18 AM
Rainmaker
8,651,512
Roy Kelley
Retired - Gaithersburg, MD

No.

Jan 11, 2026 06:06 AM
Rainmaker
5,946,125
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Have not thought about this issue since I retired years ago. Back then, no license, no referral and "good gestures" were very limited. Not sure if you could pay referral fees to unlicensed persons you would not be inundated with "potential opportunities" asking too much of your time with too little results.

Jan 11, 2026 05:34 AM
Rainmaker
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Richie & You
people first-then business - Riverside, CA
Author & Consultant

Sometimes Tony Lewis ...what we know to be right must be done without fanfare

Jan 11, 2026 06:19 AM
Rainmaker
1,726,511
Thomas J. Nelson, REALTOR ® CRS,ABR,PSA,RCS-D, CFSP
Big Block LPT Realty 858.232.8722 - San Diego, CA
Coastal San Diego, Veteran's & Retirees Services

Unlicensed people can not receive a referral fee and the motivation to refer a REALTOR should be their quality of service not the referrers' need for payola. If the only reason you're referring me is to get get payola, keep it...actually no...stuff it. 😉 I dealt with that $#!* in the Wedding Industry - it harms the client. I've told the occasional payola seeker to kindly take a long walk off a short pier.

Jan 12, 2026 06:42 AM
Rainmaker
5,782,304
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

I'm not in favor of this. And I couldn't have said it better than Carol Williams You can always show your appreciation for a lead in many other ways. Much of my business is referral from past clients... no one has ever hinted that they want to be paid. They are referring because they are happy with how I have served them and want to put their friends, family and colleagues in good hands.

Jan 12, 2026 04:34 AM
Rainer
482,501
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

Client "rebates" are legal in my state as long as they are on the closing documents and fully disclosed.  As for unlicensed people, that's a slippery slope.  We usually give them the legal allotment in our state and take them out to lunch (with our personal money and no deduction) as a thank you gesture. 

Jan 11, 2026 11:57 AM
Rainmaker
1,588,625
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

As Gary Frimann CRS, GRI, SRES, ABR, SFR said, it is CALIFORNIA STATE LAW and not the local association that limits the amount to $500 per transaction to unlicensed individuals.

If that cap got removed, it would be (and was) no different than when title companies were going crazy with what they gave/did for agents.

Jan 11, 2026 09:25 AM
Ambassador
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John Meussner
Catalyst Mortgage - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

No --- the consumer gets screwed when things become pay-to-play

"A reasonable amount" becomes "the lead gets sold to whoever the highest bidder is, regardless of whether or not they have any semblance of competence"

Jan 12, 2026 11:03 AM
Rainmaker
1,063,166
Lew Corcoran
Better Living Real Estate, LLC - East Bridgewater, MA
Expert guidance. Exceptional results.

Oh sure, referral fees. Because nothing says “professional real estate practice” like Venmo‑ing Aunt Linda a crisp $500 for mentioning your name at a cookout to someone who became a client of yours. And who doesn’t love the idea of turning your entire sphere of influence into a part‑time sales force paid in gas‑money kickbacks. Truly the future of the industry.

Alright, sarcasm off.

The Serious, Boring, But Very Real Part

The rules aren’t just annoying—they’re legally binding, and they’re strict for a reason.

1. You cannot pay a referral fee to anyone who is not a licensed real estate agent.

Federal and state laws (including RESPA) make this absolutely clear. If the person isn’t licensed, you can’t compensate them for a referral tied to a real estate transaction. Not a percentage, not a flat fee, not a “thank‑you bonus.” Nothing.

2. Even if referral fees were allowed, they must go through your broker.

Agents don’t pay referral fees. Brokers pay referral fees.

Everything must be documented, approved, and disbursed through the brokerage. No side deals, no “I’ll just write you a check,” no handshake agreements. That’s how agents lose licenses.

Why the rules are so tight

Ethical concerns: Paying consumers for referrals turns real estate into a bounty‑hunting operation. It incentivizes people to push friends into transactions they may not be ready for.

Fairness issues: It creates an uneven playing field where the biggest spender—not the most competent agent—wins the most business.

Enforcement: If consumers could be paid, regulators would have no way to track who’s being compensated, how much, or whether it influenced the transaction. It becomes the Wild West fast.

So what can you do?

You’re not powerless. You just have to stay on the right side of the law and ethics.

✔️ Modest gifts are allowed

Most states and boards allow a small, non‑cash, non‑contingent token of appreciation.

Typical safe zone: $25 or less, and not tied to closing.

Examples:

A coffee gift card

A small plant

A thank‑you note with a $20 Dunkin’ card

A book, candle, or small home item

✔️ A meal is usually fine

Taking someone to lunch or dinner as a thank‑you is generally acceptable as long as:

It’s not extravagant

It’s not contingent on closing

It’s clearly a gesture of appreciation, not compensation

✔️ Gratitude and relationship‑building

Sometimes the most powerful “referral reward” is simply treating people well, staying top‑of‑mind, and showing genuine appreciation.

Handwritten notes, small seasonal gifts, client‑care touches—those are all legal, ethical, and effective.

✔️ Client‑care programs

Some agents create annual appreciation events, holiday gatherings, or small giveaways.

These are allowed because they’re not tied to a specific referral or transaction.

 

Jan 12, 2026 09:55 AM
Ambassador
3,267,224
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

No I wouldn't.  

Jan 11, 2026 01:41 PM
Rainmaker
1,704,953
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC • Short Sale • Probate

Absolutely. It would bring a lot of referrals. Unfortunately, we are not allowed. 

Jan 17, 2026 09:46 AM
Rainmaker
723,367
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

It is against the law in Maryland to pay a referral to anyone without a real estate license. You can take them out to dinner or get them a gift of some kind, but giving $$ will jeopardize you license. 

Jan 12, 2026 12:07 PM
Rainmaker
626,795
Jonathan Hall
William Pitt Sotheby's International Realty - Danbury, CT
Realtor - Danbury,CT Area Real Estate~203-417-0523

No license or affliated with a broker (even a referral holding brokerage) means no $ back. 

Jan 22, 2026 08:11 AM
Rainer
3,237
Max Segal
SMF Cost Segregation Advisors - Chicago, IL
Small multifamily cost segregation specialist

As a specialist focused on Small Multifamily (SMF) Cost Segregation, I watch the debate over referral fee transparency with great interest. In the specialized tax world, the 'referral' works a bit differently than a typical agent-to-agent split, and I believe transparency is the only way forward.

Here is how we view this from the cost segregation side of the fence:

  • Transparency is Non-Negotiable: Whether it's a real estate commission or a service provider referral, 'playing it straight' is essential for maintaining client trust. If a professional receives a fee for a referral, it should be disclosed clearly so the consumer understands the relationship.

  • The Value of the Specialist: In my niche, agents often refer me because they want to help their clients maximize cash flow through accelerated depreciation. A successful cost segregation study can provide an ROI of 28x the investment by identifying immediate deductions for 5-year and 15-year assets.

  • Ethics Over Kickbacks: Many tax professionals are governed by IRS Circular 230, which has strict rules against 'unconscionable fees' and requires a fair exchange of value. We believe referral fees should never inflate the cost for the end user; a study on a residential rental should be priced based on the work performed, not on how many hands the lead passed through.

  • Empowering the Agent: When agents implement cost segregation into their business, they aren't just looking for a referral fee—they are providing a 'fantastic service' that helps their clients keep more capital for their next acquisition.

Jan 16, 2026 10:29 AM
Rainmaker
5,641,875
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

We can only give a small amount in Colorado.  There are pro's and con's on the subject.

 

Jan 12, 2026 10:50 AM
Rainmaker
868,352
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

We were allowed to pay whatever amount we wanted to anyone that gave us a referral. I don't know if this is still the case.

Jan 11, 2026 02:30 PM