Chapter 475
Info Regarding Marketing Referral Fees
Yes — in Florida, you can pay a licensed Realtor for leads that are not tied to a regulated real estate transaction under Chapter 475, but there are a few important compliance points:
1. Why This Is Allowed
Florida Statute 475 regulates real estate services (selling, leasing, listing, managing property for others for compensation, etc.). If the lead you’re paying for is completely outside of those activities — for example:
• A cleaning service lead
• A short-term vacation rental lead where no lease negotiation or listing is involved
• A furniture staging or contractor referral — then it’s not considered a real estate transaction and doesn’t trigger 475’s licensing/payment restrictions.
2. But There’s a Catch With Paying Realtors
Even if the lead is unrelated to real estate, if the person is actively licensed, DBPR and most brokers still require that any compensation tied to their business activity be run through their brokerage, not paid directly to them personally, unless:
• Their broker expressly allows them to receive it directly (in writing)
• Or they are being paid under a completely separate business entity that has no tie to their license activities
This is because many brokerages’ internal policies are stricter than state law.
3. If You Pay an Unlicensed Person
If the Realtor is not licensed (e.g., they are inactive), there’s no Chapter 475 restriction — you can pay them directly for non-real-estate-related leads just like any other vendor.
4. Best Practices
• Document that the lead was not tied to a real estate service covered under Chapter 475.
• Get broker sign-off if they’re an active licensee, even if it’s a non-real-estate lead, to avoid policy violations on their side.
• Use a simple lead/referral agreement describing the non-real-estate nature of the referral.