Q: A New York real estate broker recently called to tell me she has a buyer interested in one of my listings featured on my Web site. We are scheduling a showing while the buyer is in Florida next week. The New York broker would like a referral fee if her buyer buys my listing. May I pay a referral fee to a broker licensed under the laws of another state?
A: Yes. Section 475.25(1)(h), Florida Statutes, provides that “a licensed broker of this state may pay a referral fee or share a real estate brokerage commission with a broker licensed or registered under the laws of a ‘foreign’ state so long as the ‘foreign’ broker does not violate any law of this state.”
Generally, this means that you may pay a referral fee to a broker who, for example, is licensed under the laws of New York, provided the broker hasn’t engaged in any real estate brokerage activity while in our state. Before you agree to pay the “foreign” broker, be sure to verify that the foreign broker is properly licensed in his/her state.