Every time you send a referral to a partner, a Before you send pop-up shows the referral-fee rules for that handoff, each with the law it comes from, and asks you to confirm your client agreed to be referred. Nothing goes out until you accept. It's on every plan.
Send with it
- Fill in the New referral form and click Send referral handoff (or Send to this partner when you're sending a referral to someone else).
- Read the rules in the Before you send pop-up. Each one names its law, with a link to read it. Scroll to the end: until you do, it says Scroll to the end of the rules to continue.
- Tick the box. It names your partner, like My client agreed to be referred to Jordan Lee and to have their contact details shared with them.
- Click Accept and send. It stays off until you've scrolled through the rules and ticked the box.
Cancel takes you back to the form with nothing sent. The pop-up comes up every time you send, a draft included.
Which rules you see
The rules depend on three things: the Referral type, what you do (real estate agent, loan officer or insurance agent), and where you and your partner work. The line under Before you send says which set you're reading: federal and Georgia rules, or federal rules and your state's.
- Real estate referrals (Buyer lead, Seller referral, Relocation): referral fees between real estate agents are allowed, paid broker to broker. Federal law (RESPA) never allows them with lenders, title companies or home insurance agents. If you aren't a real estate agent, you see that you can't be paid for the referral unless you hold a real estate license.
- Mortgage referrals (Purchase loan, Refinance, Home equity / HELOC, Reverse mortgage, Investment property loan): no one can give or take a fee, gift or anything of value for referring a client to a lender or mortgage broker, in either direction. Send them only to a loan officer licensed or registered for the client's state; every one has an NMLS ID you can look up on NMLS Consumer Access.
- Home insurance referrals (Homeowners, Condo / HO6, Flood, Bundle, Landlord / investment): when the home has a mortgage, home insurance is a settlement service under RESPA, so nothing of value can change hands for the referral.
- Insurance referrals of any kind: an insurance agent shares a commission only with an agent or agency licensed for that line. If you aren't an insurance agent, you see that most states let insurance agents pay commissions only to licensed agents, and some allow a small flat fee to an unlicensed person that doesn't depend on a sale, so check your state's rules before accepting anything.
- Any other type: the federal RESPA reminder.
What you do adds a line of its own:
- Insurance agents: you share what you learned about a client for their insurance outside your agency with their consent or at their direction (federal privacy law). Some states also want it in writing.
- Loan officers: you can't give or take anything of value for referrals to or from real estate agents, and you share a borrower's personal information with their consent or at their direction. See Refervia for loan officers.
Georgia's own rules
When you or your partner work in Georgia, the pop-up adds Georgia's rules, each citing the Georgia law it comes from. For example:
- A Georgia real estate agent needs the client's written agreement to a referral, tells them whether they'll receive anything for it, and is paid only through the broker who holds their license. A Georgia broker may pay a referral fee to a broker licensed in another state.
- A Georgia real estate licensee can't pay a commission or referral fee to anyone without a real estate license, and one who negotiates, places or finds a mortgage for others needs a Georgia mortgage license.
- Only licensed insurance agents and agencies can be paid for insurance business, and a commission is shared only with an agent or agency licensed for that line.
- A Georgia insurance agent shares what they learned about a client for their insurance, contact details included once underwriting information was gathered, only with the client's written authorization.
Every other state sees the general version, with a note to check your state's license law.
The box you tick
- Most referrals: My client agreed to be referred to (your partner) and to have their contact details shared with them.
- A Georgia real estate referral from a real estate agent: My client agreed in writing to be referred to (your partner), and I told them whether I'll receive anything for the referral.
- A referral from a Georgia insurance agent: My client agreed in writing to be referred to (your partner) and to have their contact details shared with them.
Refervia keeps what you confirmed, and when, on the referral. You and your partner both see it under Client consent when you open the referral.
On your branded referral link
People who send you a referral through your branded referral link see the same pop-up, with the rules for the type they picked and for your state. They click Accept and send (or Accept and continue when they still have to sign in or confirm their email), and you see what they confirmed under Client consent.
Good to know
- These are reminders, not legal advice. Refervia never takes, calculates or handles referral fees. Any fee between you and a partner is yours to handle through your own broker, agency or company.
- Your partner agreement says the same: the client's OK comes first, and each of you follows your own license rules, including on referral fees.
- Posting to your Team Referral Queue doesn't open the pop-up: the referral stays inside your own team.
- Adding a referral a partner left on your Refervia Line to your desk doesn't open it either. You're receiving that one, not sending it.
Trouble?
- "Accept and send is grayed out": scroll to the end of the rules, then tick the box.
- "I can't tick the box": it opens once you've scrolled to the end of the rules.
- "The rules don't mention my state": Georgia has its own rules in Refervia. Every other state sees the general version and a note to check your state's license law.
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