24. Referral Fees/Out of State Broker

Opinion Letter 92-45 (Bruce M. Breitman) - California broker seeks to lease space in NYC must co-broke with NYS licensed broker (even if all activity is from his California office by phone and fax). If client consents, may be paid a share of compensation as tenant's agent, as long as makes clear to all parties that he is acting as such (cf. 19 NYCRR §175.7)

Opinion Letter 93-3 (Anthony J. Tripodi) - out of state relocation company which is a real estate broker can be paid a referral fee; but not if NYS licensee knows it will be passed along to non-licensee "member" (RPL §442)

1462 DOS 08 Matter of Karl – home inspection; referral fees; failure to disclose affiliation; subcontracting without notice; $400 restitution and revocation

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Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more