FAQs

Referral Agent vs. Sales Agent

    • Lifestyle Flexibility: Sales agents may want to scale back their activity without giving up their real estate license entirely, especially if they are transitioning into semi-retirement or focusing on other business ventures.

    • Passive Income: They can continue earning passive income through their networks without the demands of full-time real estate work.

    • Lower Costs: Referral agents generally avoid many of the costs associated with active real estate practice, like MLS dues or board fees.

  • Flexibility: Referral agents have more flexibility in their schedules since they are not actively managing transactions.

    Lower Costs: Referral agents generally do not need to pay association fees (such as MLS membership) or other dues required of active agents.

    Passive Income: They can continue earning passive income from referrals without being involved in the time-intensive process of buying or selling real estate.

    Transition to Retirement: Many agents choose referral-only status as they transition to retirement or reduce their real estate activity.

    • Referral Agent: A referral agent is a licensed real estate professional whose role is limited to referring clients (buyers or sellers) to active real estate agents. They do not participate in the transaction beyond making the referral and earn a referral fee for their services.

    • Sales Agent: A sales agent is actively involved in real estate transactions. They work with clients to buy, sell, or lease properties, manage the entire transaction process, and earn commissions based on the sales or lease agreements they close.

  • Yes, referral agents can work in multiple states if they hold a valid license in each state they are referring clients to. They must comply with the licensing requirements of each state and ensure their referrals are handled by licensed brokers or agents in those states.

  • No, a referral agent cannot work independently. They must be affiliated with a licensed broker, typically through an LFRO, which manages their referrals and ensures compliance with state real estate laws. All referral fees must go through the broker or LFRO.

  • Through the LFRO, all referrals are documented with formal agreements, which outline the referral fee percentage and payment terms. The LFRO handles the collection and distribution of referral fees once the transaction closes. This process ensures that referral agents are paid appropriately and compliantly, without needing to manage the details themselves.

    • Yes, referral agents can transition back to being full-time sales agents if they choose. They would need to:

      • Reactivate their MLS membership and potentially rejoin real estate associations.

      • Update their brokerage affiliation, if necessary, to start handling active transactions again.

      • Continue meeting all licensing requirements to maintain their active real estate status.

  • While costs vary, referral agents typically avoid many of the fees that active agents pay, such as MLS dues or association fees. However, there may still be some costs associated with maintaining a real estate license (such as continuing education) and potentially a small administrative fee paid to the LFRO for managing referrals.

  • A referral agent earns referral fees, which are typically a percentage (usually 20%–35%) of the commission earned by the agent who closes the transaction. The referral agent passes a lead (a buyer or seller) to an active sales agent, and if the transaction closes, the referral agent gets paid through the broker or LFRO.

  • Yes, a referral agent must hold a valid real estate license to legally earn referral fees. While they may not need to join the MLS (Multiple Listing Service) or pay other association dues if they are not practicing real estate actively, they do need to maintain their license by fulfilling continuing education requirements as mandated by the state.

  • A referral agent cannot:

    • Show properties.

    • Negotiate real estate deals.

    • Prepare or sign contracts.

    • Represent clients in real estate transactions.

    Their activities are limited strictly to referring clients to other agents or brokers.

Marketing as a Referral Agent

  • Yes, referral agents can market themselves, but they must clearly disclose their role as a referral-only agent. All marketing must adhere to state regulations, and the referral agent’s affiliation with the LFRO or broker must be prominently displayed. The marketing should focus on their ability to refer clients to active agents, rather than suggesting they will handle transactions directly.

  • While costs vary, referral agents typically avoid many of the fees that active agents pay, such as MLS dues or association fees. However, there may still be some costs associated with maintaining a real estate license (such as continuing education) and potentially a small administrative fee paid to the LFRO for managing referrals.

    • Yes, referral agents can co-brand with the real estate team or brokerage they refer clients to, as long as they follow state advertising rules. This includes:

      • Disclosing their license status and their affiliation with the LFRO or brokerage in all marketing materials.

      • Referral agents should ensure that their role as a referral-only agent is clear and that they are not actively presenting themselves as agents handling transactions.

ClientHandoff—LFRO

  • LFRO: A Limited Function Referral Office (LFRO) is a specific type of brokerage set up solely to manage referral agents. Agents affiliated with an LFRO do not actively engage in real estate transactions but focus only on generating referrals to active agents. The LFRO handles all referral agreements, ensuring compliance with state regulations and managing referral fee payouts.

  • No, a referral agent cannot work independently. They must be affiliated with a licensed broker, typically through an LFRO, which manages their referrals and ensures compliance with state real estate laws. All referral fees must go through the broker or LFRO.

  • The LFRO manages the referral process on behalf of the referral agent. This includes:

    • Facilitating referral agreements between the referral agent and the active agent.

    • Ensuring compliance with state laws regarding referral fees.

    • Handling the payment of referral fees once the transaction closes, ensuring the referral agent is paid in accordance with the agreement.

    • The LFRO serves as the broker, ensuring that the referral agent operates within legal parameters.

  • While costs vary, referral agents typically avoid many of the fees that active agents pay, such as MLS dues or association fees. However, there may still be some costs associated with maintaining a real estate license (such as continuing education) and potentially a small administrative fee paid to the LFRO for managing referrals.

  • Through the LFRO, all referrals are documented with formal agreements, which outline the referral fee percentage and payment terms. The LFRO handles the collection and distribution of referral fees once the transaction closes. This process ensures that referral agents are paid appropriately and compliantly, without needing to manage the details themselves.

    • The LFRO is responsible for:

      • Managing the referral agent’s license and compliance with state regulations.

      • Facilitating referral agreements between the referral agent and active agents or brokers.

      • Tracking and distributing referral fees.

      • Ensuring all activities of the referral agent remain within legal guidelines.

Legal Considerations

    • Referral agents must ensure they are:

      • Licensed: Referral agents must maintain a valid real estate license, even if they are not actively involved in transactions.

      • Affiliated with a Broker or LFRO: They cannot work independently and must have a supervising broker or be part of an LFRO.

      • Compliant with Advertising Rules: Referral agents must follow state advertising rules, including clear disclosure of their status and affiliation.

  • Yes, referral agents can work in multiple states if they hold a valid license in each state they are referring clients to. They must comply with the licensing requirements of each state and ensure their referrals are handled by licensed brokers or agents in those states.