Q: Can I receive direct referral fees in MA as a NC real estate professional without NC firm affiliation?
I am a licensed North Carolina real estate professional currently residing in Massachusetts. I initially agreed to receive a referral fee from a Massachusetts brokerage when I was affiliated with a firm in NC, but I am no longer affiliated due to moving. Can I receive these referral fees paid directly to me in Massachusetts without affiliation with an NC firm?
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A:
In North Carolina, real estate professionals are generally required to be affiliated with a firm to legally receive referral fees. Since you are no longer affiliated with an NC firm, receiving a referral fee directly could be problematic because the state's laws typically mandate that the fees go through a licensed brokerage.
Even though you are now living in Massachusetts, you would still be subject to North Carolina’s regulations, as you hold an NC real estate license. Referral fees are often paid to the firm with which you are affiliated, not directly to an individual licensee, unless certain conditions are met.
To legally receive a referral fee, you may need to work with a firm in North Carolina again or set up a proper business arrangement with a licensed brokerage. It would be helpful to reach out to the North Carolina Real Estate Commission for clarification on how to proceed with receiving referral fees in your current situation.
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