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We regularly receive questions about the difference between rebates, referrals,听and other promotions like听drawings and听client gifts.听 First, when you are considering offering any of听these听make sure your advertisements听are upfront and听clear about what you are offering.听 If there听are terms and conditions听to qualify听then you should听have them听in writing and provide听them in听your听advertisement.听If you are a sales agent, seek approval of your sponsoring broker before you start听offering rebates, referrals,听or other promotions.听听听

搁别产补迟别蝉听

A rebate is part of a license holder鈥檚 commission that the license holder gives to a principal in a transaction in which the license holder represents one of the parties.听 A rebate can be cash or anything of value and there is no limit on the amount of rebate paid to a principal of the transaction.听 All rebates should be reflected听in听the听closing disclosure form听and any cash rebate to a buyer should be made with听the听consent of the buyer鈥檚 lender.听 A license holder may not pay a rebate outside of the transaction.听 Further, if the rebate is being paid to a party the license holder does not represent, the license holder must obtain the consent of the party the license holder represents听before听making the payment.听 If a license holder donates a portion of the commission to a church or other non-profit organization, this would be considered a donation and not a rebate.听 Any advertisement for rebates must disclose if the payment of a rebate is contingent upon,听or subject to,听certain restrictions.听

搁别蹿别谤谤补濒蝉听

A referral听is part of the license holder鈥檚 commission that is paid to another person for sending a client to听the听license holder.听听If a person wants to be paid for a referral, the person听receiving the referral fee听must have an active real estate license at the time the referral is made.听听However, a听license holder may give an unlicensed person a gift听or听a听gift card worth up to $50.听 The card may only be redeemable for merchandise.听 A gift card from a bank听that can be converted into cash is听impermissible.听 If a license holder donates a portion of the commission to a church or other non-profit organization for a referral from an unlicensed person, the person making the referral may not receive anything that may be defined as valuable consideration from the organization or听the license holder.听

Other Promotions听

If you plan on offering a giveaway, drawing, or similar contest听to the public听you must make sure that it is not considered an illegal lottery under听Sections听47.01(7)听&听47.03(5)听of the Texas Penal Code.听 If you determine that the giveaway is not considered an illegal lottery, keep in mind that it cannot be offered to unlicensed people for referring business to you if it has a value greater than $50.听听An听example of an improper drawing听is requiring听people to like听your听Facebook page and forward or share听your听listing听to be entered听into a drawing for a prize valued over $50.听

You can听give a gift of gratitude听to听a client听for听using your听brokerage听services听to lease, purchase, or sell their property.听听Often听license holders give听home improvement store gift cards and other items in appreciation听to their clients.听 These gifts can be more than $50听and given to clients听after closing.听 A gift is different from听a rebate听because it is not the result of an agreement with the client for providing brokerage services.听听听

Still have questions on rebates, referrals,听and other promotions? 星空体育app下载 staff recently hosted a live event discussing these matters. Check out the video below:听

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