Q: An attorney who referred a buyer to me wants a referral fee. I would be happy to pay her, but she isn’t a real estate licensee. She claims she doesn’t need a real estate license because she is a properly licensed Florida attorney. May I pay this attorney a referral fee or commission?
A: No. An attorney is exempt from the licensure requirements of chapter 475 but only to the extent that the attorney is acting “within the scope of her or his duties” as an attorney. This exemption does not permit a Florida licensed attorney to collect a fee from a real estate licensee for the referral of business, clients, prospects or customers to the licensee. Additionally, a licensee who pays such a fee can be disciplined by the Florida Real Estate Commission.