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Agent-to-agent referral agreement (sample)

Plain-language sample. Brokerages should adapt it with counsel before use.

Mock — sample data

Sample — Real Estate Referral Agreement · dated · Mock — sample data; fictional parties.

1. Who is involved

Referring Agent: Marcus Hale, CA DRE #02011390, of Pacific Crest Properties (Broker DRE #01984320), Fresno, CA.
Receiving Agent: Isabella Moreno, CA DRE #01955512, of Coastline Estates Brokerage (Broker DRE #01877452), San Diego, CA.
Client: Elena R., referred to buy a townhome in the Chula Vista area.

2. What the Receiving Agent will do

The Receiving Agent will contact the Client promptly, represent the Client under the Receiving Brokerage’s own written agency agreement, and keep the Referring Agent updated at key milestones (offer, contract, close).

3. Referral fee

If the Client closes a transaction in the referred area within the term of this agreement, the Receiving Brokerage will pay the Referring Brokerage 25% of the commission actually received by the Receiving Brokerage on that transaction.

Example: $715,000 sale price × 2.5% commission = $17,875. A 25% referral fee is $4,469, paid brokerage-to-brokerage.

4. How and when the fee is paid

  • At closing only. The fee is due after close of escrow, from commission actually received. If there is no closing, there is no fee.
  • Brokerage-to-brokerage. Payment goes from the Receiving Brokerage to the Referring Brokerage — never directly to an individual agent. The Referring Brokerage then pays its agent under their own agreement.
  • Target payment: within 5 business days after the Receiving Brokerage receives its commission.

5. Disclosure to the client

The Receiving Agent will tell the Client in writing, before or at the start of the working relationship, that a referral fee will be paid between the brokerages. The fee is paid out of the commission and does not increase what the Client pays.

6. Licenses and E&O insurance

Each agent confirms they hold an active California real estate license under a broker of record and carry current errors & omissions (E&O) insurance for as long as this agreement is in effect. Each agent will notify the other and RE Network promptly if a license or policy lapses.

7. No fees for settlement services

This agreement covers real estate brokerage referrals between licensed agents only. Neither party will pay or accept any fee, kickback or thing of value for referring mortgage, escrow, title, appraisal, insurance or any other settlement service. (See Section 8 of the Real Estate Settlement Procedures Act, “RESPA”.)

8. Term and ending the agreement

This agreement lasts 180 days from the date signed and covers the Client named above. Either agent may end it earlier in writing; the fee still applies if the Client later closes with the Receiving Agent within the term.

9. Other terms

  • Neither agent may guarantee a result or a closing.
  • Disputes go first to the two brokers of record.
  • This sample is a starting point. It is a draft for broker & attorney review — not legal advice.

10. Signatures (e-sign mock)

Type your full name and click “Sign”. Nothing is stored or sent.

Referring Agent
Marcus Hale · Pacific Crest Properties
Receiving Agent
Isabella Moreno · Coastline Estates Brokerage
Referring Broker of Record
Pacific Crest Properties
Receiving Broker of Record
Coastline Estates Brokerage