Wisconsin Finder’s Fee Agreement Regarding Real Property Sales

State:
Multi-State
Control #:
US-0154BG
Format:
Word; 
Rich Text
Instant download

Description

In a real estate context, a finder's fee may be paid for locating property, obtaining mortgage financing. or referring sellers or buyers. A finder's fee is money paid to a person for finding someone interested in selling or buying property. To conduct any negotiations of sale terms, the finder may be required to be a licensed broker or he violates the law. However, state laws, which vary by state, may also provide an exemption for certain individuals, allowing them to be compensated without the necessity of licensure. For example, one state's law allows an exemption for either a property management firm or an owner of an apartment complex to pay a finder’s fee or referral of up to $50 to a current tenant for referring a new tenant. The fee can be in the form of cash, a rental reduction or some other thing of value. The party claiming compensation under this exemption is not allowed to advertise for prospective tenants.
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FAQ

A finder's fee is a type of cash commission paid to the coordinator or intermediary in a transaction between two other parties (a business and a potential customer). The fee rewards the finder for bringing the interested parties together and facilitating the deal.

Referral Fees vs.Under Australian law, referral selling is illegal. Referral selling is the practice of representing to a customer that they will receive a discount or benefit for purchasing a product, but only once they refer a second customer and that new customer also purchases the product.

Agencies typically pay referral fees of 5% to 10% of the revenue they receivebut there's plenty of nuance on how you handle it, and many agencies pay 0% in referral fees. You'll want to get advice from your lawyer on specific language, and your accountant on how to handle the money.

Paying referral fees to individuals is a way to reward them for consistently bringing you new customers. These individuals will usually have the experience and connections your business otherwise wouldn't have.

The terms of finder's fees can vary greatly, with some citing 5% to 35% of the total value of the deal being used as a benchmark. It's a staple of Fundera's business model. In many cases, the finder's fee may simply be a gift from one party to another, as no legal obligation to pay a commission exists.

Referral fees are a marketing expense, a payment for a lead (but it's only paid if the sale is made). Sales commissions are a sales expense, a payment to a salesperson to close a sale.

Wis. Stat. § 452.19 limits the payment of referral fees, finders fees and commission splits to Wisconsin real estate licensees and persons regularly and lawfully engaged in real estate brokerage in another state.

The short answer to this question is yes, real estate agents can pay referral fees to licensed persons.

The commission is usually a percentage of the sale price. Sales agents who earn commissions can work for the buyer or the seller. A finders fee, on the other hand, is a payment that someone earns after making an introduction or discovering an opportunity that results in a sale.

The terms of finder's fees can vary greatly, with some citing 5% to 35% of the total value of the deal being used as a benchmark. It's a staple of Fundera's business model. In many cases, the finder's fee may simply be a gift from one party to another, as no legal obligation to pay a commission exists.

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Wisconsin Finder’s Fee Agreement Regarding Real Property Sales