Restrictions Upon Brokerage Activities
of Real Estate Referral Agents

  New Jersey law requires real estate brokers, broker-salespersons and salespersons to complete continuing education courses as a condition to the biennial renewal of their licenses. In 2012, the state created a new license category; Referral Agent.

A referral agent is defined as a natural person whose brokerage-related activities are limited to referring prospects for the sale, purchase, exchange, leasing or rental of real estate to the broker through whom they are licensed. A licensed referral agent’s real estate brokerage-related activities shall be limited to:
  1.) Directing prospects to websites and other sources of information on real estate matters generally available to the general public; and
  2.) Referring prospects for the sale, purchase, exchange, leasing or rental of real estate to the real estate broker through whom they are licensed as a referral agent.

*A real estate referral agent shall not be employed by or licensed with more than one real estate broker at any given time.

** No person shall be simultaneously licensed as a real estate referral agent and a real estate broker, broker-salesperson or a salesperson in this state.

In keeping with New Jersey State law, the New Jersey Real Estate Referral Group’s agents shall not engage in prohibited brokerage activity and shall not receive compensation from their broker or any other person for engaging in prohibited brokerage activity. For the purposes of this rule, prohibited brokerage activity includes, but is not limited to the following:

  1.) Negotiating the purchase, sale, or exchange of an interest in real estate;
  2.) Leasing or renting or offering to lease or rent any interest in real estate;
  3.) Collecting rents for the use of real estate or any other monies;
  4.) Negotiating commissions or compensation rates and otherwise negotiating or signing listing or buyer-brokerage agreements;
  5.) Negotiating or signing contracts of sale or leases of real estate;
  6.) Accepting any funds of others to be held by a real estate broker acting in that capacity or as escrow agent or as the temporary custodian of the funds of others in a real estate transaction;
  7.) Conducting a public or private competitive sale of land or any interest in lands;
  8.) Negotiating, assisting in, or directing, the closing of any transaction which results or is contemplated to result in the sale, exchange, leasing, renting or auctioning of any real estate;
  9.) Negotiating, offering, attempting to, or agreeing to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of any real estate;
  10.) Conducting showings or open house presentations of properties;
  11.) Participating in expositions, marketing shows or other presentations where information on specific properties or real estate interests marketed through a common promotional plan, including but not limited to planned unit developments, is provided to the public;

  12.) Providing information on listings, either in person, or through electronic communication including telephone and the internet, beyond the information which referral agents are permitted to provide with respect to websites and other sources of information as referenced in (a) above; and

  13.) Producing or presenting comparative market analyses or similar studies of real estate.
The New Jersey Real Estate Referral Group (NJRERG) is a licensed real estate brokerage firm, serving as principal broker for a vast network of Real Estate Referral Agents in New Jersey. Should you have any questions with regards to becoming a Referral Agent, please feel free to contact us at any time and we would be happy to answer your Real Estate Referral related questions.

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