Real Estate Referral Fee Exemption Requirements
Pre-Existing Relationship Exemption:
The Receiving Brokerage may request an exemption from the Referral Fee if it can demonstrate a pre-existing active client relationship with the Referred Client.
The Receiving Brokerage must notify Nexus Real Estate in writing or by our Referral Tracker Form within forty-eight (48) hours of receiving the Referral, providing sufficient documented evidence to support the claim of a pre-existing relationship.
A "pre-existing active client relationship" is defined as:
A fully executed and valid buyer representation agreement or listing agreement with the Referred Client that predates the Referral date.
Documented showing activity, property evaluations, or substantive communication with the Referred Client within ninety (90) days preceding the Referral date.
Other substantial and verifiable evidence of an established and ongoing business relationship with the Referred Client that predates the Referral date.
Time Limitation Exemption:
Real estate transactions involving a Referred Client that close more than twenty-four (24) months after the initial Referral date shall be exempt from Referral Fees, unless:
The Receiving Brokerage can demonstrate that it has maintained continuous and active engagement with the Referred Client throughout the Referral Coverage Period, with documented evidence of ongoing communication and service provision.
The parties have mutually agreed in writing to extend the Referral Coverage Period for a specified duration.
Exemption Process:
To claim an exemption from the Referral Fee, the Receiving Brokerage must:
Submit a formal written notice or by our Referral Tracker Form to Nexus Real Estate within the specified timeframe, detailing the basis for the exemption.
Provide all supporting documentation and evidence substantiating the claim of exemption.
Receive written confirmation from Nexus Real Estate acknowledging the exemption.
Exemption Determination:
Nexus Real Estate shall review all exemption requests in good faith, but retains the sole and absolute discretion to determine whether sufficient evidence has been provided to warrant an exemption. Nexus Real Estate shall provide a written response to exemption requests within three (3) business days of receiving all required documentation.
Scenarios Eligible for Referral Fee Exemptions:
1. Agent Departure Exemption:
When an agent has left Nexus Real Estate before closing a referred transaction.
Required Documentation:
Team roster or communication (email/text) showing the exact date when the agent departed
MLS record copy clearly identifying who ultimately closed the transaction
If the referral was delivered before the agent's departure, we also require proof that you requested payment from the closing agent
2. Mistaken Identity Exemption:
When our system incorrectly matches a referral with a transaction closed by a different agent.
Required Documentation:
Clear screenshot of closing documents with all names visible
If the situation involves individuals with identical names, provide CRM screenshots showing different contact information (phone/email) to confirm they are separate people
3. Pre-Existing Relationship Exemption:
When you already had an established relationship with the client before receiving them as a referral.
Required Documentation:
Proof of active two-way communication with the client within 30 days prior to receiving the referral
Communication records must include visible date/time stamps and contact information
Submission must be made within 48 hours of receiving the referral lead
4. Client Relationship Outside Referral Program:
When you can demonstrate the client came to you through channels unrelated to our referral program.
Required Documentation:
Evidence showing how the client was originally sourced (e.g., personal referral, open house registration, direct marketing response)
Signed attestation from the client confirming their relationship originated outside our referral system
5. Transaction Location Exemption:
When the transaction occurred in a geographic area not covered by our referral agreement.
Required Documentation:
Closing documents showing property location
Copy of your specific referral territory agreement
6. Transaction Type Exemption:
When the transaction involved a property type outside the scope of our referral agreement.
Required Documentation:
Property details showing the specific type of transaction (commercial, land, etc.)
Copy of your referral agreement specifying covered transaction types
7. Timeline Expiration Exemption:
When the transaction occurred after the referral period expired.
Required Documentation:
Proof of initial referral date
Closing documents showing transaction date
Copy of referral terms showing the applicable time period
To request any exemption, submit all required documentation through the Nexus Real Estate agent portal. Our referral management team will review your submission and notify you of the decision.
