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

Featured Content

Second quarter Legal Lines now available

The second quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers who needs to sign a listing agreement, the issue of websites and accessibility for individuals protected under the Americans with Disabilities Act, a broker was not found liable for fraud to to a disclaimer in the purchase contract and more. Learn more