Q: My neighbor, who doesn't have a real estate license, always seems to know which people in our neighborhood are planning to put their homes on the market. I’ve gained several listings as a result, and she recently joked that we ought to work out a referral fee arrangement. I don’t think this is a bad idea, but I’m not sure I can compensate someone who isn’t licensed. May I pay my neighbor a fee for referring sellers to me?
A: No. Section 475.25(1)(h), Florida Statutes, prohibits real estate licensees from sharing a commission with, or paying a fee to, any person “not properly licensed as a broker, broker-associate, or sales associate” under Florida law who refers “real estate business, clients, prospects, or customers” to a real estate licensee.