Analysis of Each Real Estate State Loan or Purchase Sale Transaction
In conclusion, the payment of referral fees and or the giving of other consideration for a referral is sometimes a part of a real estate business transaction. Each time we have fee payment issue, we should determine whether state or federal law (or both) apply. If such law does apply, you must analyze the terms of the payment and if allowed, properly document the contractual obligations. Most of my clients own and operate commercial real estate, so some of the laws relating to residential real estate loans may not apply. However, the analysis must be done for each transaction, or component of the transaction.
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