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Posts Tagged ‘Referral Fees’

“Refer A Friend” Program Likely Violates Federal Law

A Realtor recently asked me about an interesting incentive program. In hopes of increasing business, the agent would like to consider a “refer-a-friend” program, providing raffle prizes to former clients who refer listings or buyers to the Licensee. She suspected that this might not be legal. Her legal intuition is correct. A “refer a friend” program with raffle tickets and prizes likely violates RESPA Section 8 and Wisconsin State licensing law. Incentives-for-Referral programs should probably be avoided.

RESPA Prohibits Giving Value in Exchange for Referrals

A referral program that provides anything of value to the referring party likely violates State and Federal law.  The Real Estate Settlement Procedures Act (RESPA), Section 8 prohibits the giving of “any thing of value” in exchange for a referral of real estate services or the splitting of fees where one party performs no services (a referral is not a service). This prohibition includes the giving of raffle tickets, prizes, or other non-monetary consideration.

The Department of Housing and Urban Development (HUD) has addressed similar programs in the past.  In February 2004, HUD entered into a settlement agreement with Integrity Home Funding LLC over a “Refer a Friend” program.  Under this program, a mortgage broker provided raffle tickets and the opportunity to win prizes to any former client that referred business to the broker.  HUD determined that the “Refer a Friend Program” violated Section 8 of RESPA because it provided a thing of value for referring business.  The broker entered a settlement agreement with HUD, agreeing to pay $1,500 in penalties and an additional $20,000 if he was found to have later violated the agreement. 

Wisconsin Law Limits Referral Fees to Licensed Agents

In addition, Wisconsin State law prohibits the payment of any fee, commission, or referral fee to a non-licensed individual:

Wisconsin Statute 452.19 Fee-splitting. No licensed broker may pay a fee or a commission . . . for a referral or as a finder’s fee to any person who is not licensed . . . .

This prohibition would also likely apply to providing prizes in exchange for referrals.

Moral of the Story – Don’t offer prizes for referrals:

Refer a Friend Programs or raffles tickets in exchange for referrals are almost certainly prohibited under state and Federal law.

 

DISCLAIMER: This post should not be used for, and is not intended as, legal advice. Please consult an attorney regarding the specific facts and circumstances of your situation and never rely upon any blog as legal advice!

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