Lew Sichelman

Most professions restrict the payment of referral fees. But they run rampant, and are somewhat controversial, in real estate. 

According to the latest report on the inner workings of the industry from the Consumer Federation of America, these fees can go as high as 50 percent of the sales commission  when the referring agent is a relocation company  to as low as 10 percent when a homebuyers exclusive agent refers him or her to another so-called buyers broker. 

Typically, referral fees are hidden from buyers and sellers. The accounting and investment professions require disclosure, and most businesses in which referral fees are common do the same. But the National Association of Realtors code of ethics does not require their disclosure, and most agents dont feel the need to do so. A handful of states require disclosure, but not always in writing or in a timely manner, and the CFA could find no evidence those laws are enforced. 

In most other businesses, referral fees are in the 5 percent to 10 percent range. But the CFA found that 25 percent was the average for realty referral fees. 

So, if you bought a $250,000 house using an agent referred to you by another agent, your agent would pay part of her share of the commission to the referring agent. If the commission was 6 percent and the referral fee was 25 percent of the agents half of the commission, she would send the referring agent a check for $1,875. 

Earning referral fees can add up, too. According to a 2008 study cited in the report, nearly nine out of 10 agents received income from referrals, with more than half taking six paid referrals within the previous 12 months. Nearly half said they earned at least $10,000 in income from them. 

Moreover, 8 percent said they made $50,000 from referrals over that period! Some agents go so far as to sell their referrals to the highest bidder, said Steven Brobeck, the reports author. Pedaling referrals is not a practice most agents would engage in, he told me. Nevertheless, it appears to exist. 

Could Lower Service Result? 

Still, its not likely that referral fees will cost either the buyer or seller any more money. Even though commissions are supposed to be negotiable, they are all but set in stone in real estate. Agents arent likely to raise their rates to recoup the fee, but they are not likely to agree to a smaller cut, either. 

However, as the CFA report points out, these fees can cost you in other, more insidious ways, like in the quality of service you receive. While its possible a referral fee could ensure that the agent being referred does excellent work, it also could encourage the agent to recommend someone willing to pay a fee above the going rate. 

Or, since the referred agent will have to fork over a big chunk of his earnings, maybe he wont provide the level of service he should. Or perhaps referred agents are willing to pay a fee because they are inexperienced or have a tough time finding clients. 

Any of those are strong possibilities, said Stephen Brobeck, the CFAs former executive director, who has been researching realty brokerage issues for nearly 30 years. 

Heres an example, from one of Brobecks footnotes to the report: Many real estate professionals see referral agents as simply parasites. Another: Secret referral fees [result in agents] stealing billions of dollars from consumers. 

Referral Companies Tested 

But the worst offenders arent realty agents themselves, but companies like relocation and referral agencies. The former are often hired by businesses to help relocate employees; the latter, by outfits like HomeLight, Rocket Homes, Clever, Yelp and Thumbtack. 

To see how well 15 referral companies performed, CFA put them to a test. They didnt perform well. 

When asked to refer an agent, most of the companies provided names (via email) either immediately or fairly quickly. But two didnt respond at all, and some did not offer their service in all four of the test cities. Overall, the names of 100 agents were received. But 18 were agents in other geographical areas, and two were agents not engaged in residential real estate. 

Of the other 80 referred agents, 18 had one sale, at most, in the previous year, and 15 had at most one customer review. And every agency that supplied names included one out-of-town agent with five or fewer sales. 

Put another way, 38 percent of the referred agents were either based outside the designated search area or had at most one sale. 

Consumers cannot rely on agencies for referrals to experienced agents located in the geographic area of the home search, Brobeck said. “[Peopleshould be extremely wary of many of them. I cant say all offer no value, but you are taking a risk by using them. 

It should be noted, too, that agents who are listed on referral sites pay to be there as a way to secure leads. And in some cases, an agent told me, those listed have voluntarily placed their licenses into inactive status. 

So, what are sellers and buyers to do? First of all, realize that the existence of a referral fee will make it difficult to negotiate a lower commission: Selling agents arent likely to give away any more of their stake in the deal than they already have. 

Think twice about using the services of a referral agency. Youre unlikely to get what you pay for. Besides, you have the ability to search efficiently and effectively on your own for an agent at sites providing extensive information about a large number of active agents. 

Lew Sichelman has been covering real estate for more than 50 years. He is a regular contributor to numerous shelter magazines and housing and housing-finance industry publications. Readers can contact him at lsichelman@aol.com. 

Hidden Referral Fees Could Cost You

by Lew Sichelman time to read: 4 min