A clear agreement.
Before the handoff.
Broker-to-Broker Referral and Property Introduction Agreement
Version MGJ-REF-2026-10-30-v1. This is an unsigned template. Parties, referral schedule and execution evidence are completed for each accepted referral. This is not a TREC-promulgated form.
1. Parties and authority
The receiving brokerage and referring brokerage identified in the agreement schedule are the only fee-paying and fee-receiving parties. An individual sales agent acts only with the necessary written authority of that agent's sponsoring broker. Each signatory represents that the signatory is authorized to bind the identified brokerage. Michael G. Johnson signs only in the capacity and for the receiving brokerage stated in the schedule. This agreement does not bind an unnamed supervising broker.
2. Defined referral and covered side
The referral is limited to the named prospect or specifically identified property and transaction side in the schedule. A property introduction covers only the identified property and a purchase in which the receiving brokerage earns the specified buyer-side brokerage commission. A buyer or seller referral covers the first completed transaction for that named prospect on the specified side during the term. No fee is owed on unrelated properties, other clients, future repeat business, or another brokerage's side of a transaction. An existing relationship, competing referral claim, existing representation agreement, or conflict must be cleared before receiving-brokerage acceptance. An accepted scope cannot be changed unilaterally.
3. Fee and commission base
The referral fee equals the agreed referral percentage multiplied by the covered-side brokerage commission actually received and retained by the receiving brokerage for the covered closing, before its internal agent split and operating expenses and before deducting this referral fee. The base excludes compensation belonging to a different brokerage, client rebates or credits paid from that commission, returned or refunded commission, taxes, and non-brokerage charges. It is not a percentage of the property price, the total commission on both sides, or a promised minimum commission. If no covered commission is actually collected, no referral fee is owed. There is no double recovery under another referral or cooperation agreement for the same commission unless the brokerages expressly agree in writing.
4. Term and payment
The referral term is twelve months from the effective date shown in the execution record. A covered purchase or listing transaction must be under a binding purchase contract within that term and close within ninety days after the term ends to qualify. Payment is due to the licensed referring brokerage within ten business days after the covered transaction closes and funds, the receiving brokerage actually collects the covered commission, and lawful payee documentation and required broker approvals are received. The referring brokerage is responsible for any payment to its own agent. No tax identification numbers or banking instructions are to be submitted through the public referral form; obtain required tax and verified payee documentation through a separate secure process.
5. Eligibility and disclosures
Payment is conditioned on the recipient's lawful eligibility and applicable active license and broker-authority requirements. Both brokerages will make required compensation, agency, conflict, and client disclosures and obtain required consents. An out-of-state license does not authorize activities in Texas that require a Texas license. No payment is offered to an unlicensed consumer, finder, mortgage broker, title provider, or other settlement-service provider under this agreement. The real estate brokerage referral exception to RESPA does not authorize unrelated settlement-service referral payments. A listing agent's other compensation and role must be disclosed; a property submission alone does not create a fee entitlement.
6. Submission and acceptance
A request, a fee selection, an email acknowledgement, a draft, or a referring-broker signature alone is not receiving-brokerage acceptance. The referring brokerage must approve the exact agreement through the emailed confirmation process, and required license, authority, duplicate-referral, and conflict checks must be completed. For a requested fee of at least 10% and strictly less than 17.5%, the system may then apply Michael G. Johnson's electronic signature only under an active, recorded receiving-brokerage standing authorization covering that exact version and rate. The execution record must identify that authorization. A fee of exactly 17.5% through 25% requires Michael's handwritten ink signature on the corresponding agreement, followed by recording the signed copy. A typed name or automated status on this higher-rate route does not substitute for that ink signature. A request outside the permitted range is rejected. The agreement becomes effective only when both brokerages have validly signed and acceptance is recorded.
7. Existing representation and service scope
This agreement is between brokerages. It is not a buyer-representation agreement, a listing agreement, an agency disclosure, a promise to purchase, or an authorization to interfere with an existing exclusive representation agreement. The client remains free to choose representation. Separate service and compensation agreements govern representation of the buyer or seller. Receiving brokerage may decline an unaccepted referral for a documented existing relationship, conflict, duplicate claim, capacity limitation, or other lawful reason. After execution, modification or termination requires both brokerages' written agreement, except where performance would be unlawful.
8. Client information and confidentiality
The sender represents that the sender has permission to share the supplied client or property information for this introduction and has accurately stated any limits on contact or disclosure. Receiving brokerage may use it to evaluate the referral and communicate only within the permissions provided. Property materials may be shown only to prospective clients and advisers within the stated permission; submission is not authority to publish, syndicate, or advertise a listing. Do not include protected-class preferences, identity documents, financial account numbers, medical information, or other unnecessary sensitive information. Update inaccurate information promptly through the office. Confidential referral records and agreement evidence are retained under the broker's applicable retention obligations and written retention policy.
9. Electronic records and signatures
Each brokerage signing electronically affirmatively agrees to electronic delivery and signing of this specific agreement, may retain and print the agreement, and adopts the typed signer's name with intent to sign in the stated authorized capacity. The system records the agreement version and hash, timestamp, signer's stated capacity, verification event, and signature method. Email verification establishes control of the verification mailbox, not government identity verification. Michael's lower-rate electronic signature must be linked to his recorded standing authorization; it is not applied to unsigned drafts. Handwritten-signature requirements for the higher-rate route are an agreed business condition. A party may request paper execution before acceptance by contacting the office. The system does not apply or simulate an ink signature.
10. Payment adjustments and disputes
If commission included in a paid referral base is later returned or refunded, the brokerages will reconcile the referral fee proportionately within thirty days after supporting records are provided. If a good-faith dispute arises, the brokerages will exchange the relevant agreement and closing records and attempt direct resolution. A disputed amount remains identified separately from any undisputed amount. No provision guarantees collection of commission, requires unlawful payment, or waives a client's rights.
11. Governing law and complete agreement
Texas law governs this agreement, subject to applicable federal law and nonwaivable law. The signed agreement, its specific referral schedule, and its execution record constitute the brokerages' complete referral-fee agreement for the covered transaction and supersede inconsistent preliminary fee discussions for that same referral. Changes to parties, rate, covered transaction, commission base, or other material terms require a new written agreement signed by both brokerages. An invalid provision is severed only to the extent permitted by law; the remainder applies to the extent lawful.
12. Execution record
An unsigned document must be clearly marked PROPOSAL - NOT EXECUTED. A valid executed record identifies both brokerages, the exact referral and rate, the referring signatory and capacity, Michael's signing capacity, the agreement hash, timestamps, and the receiving signature method. A high-rate agreement additionally requires the actual ink-signed copy. No public form, sample document, or website preview represents that a signature or agreement has been completed.
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