58-3076. Referral fees, solicitation of; relocation benefits, threats to reduce or withhold; terminating or amending agency agreements.

58-3076

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 30.--REAL ESTATE BROKERS AND SALESPERSONS

      58-3076.   Referral fees, solicitation of; relocationbenefits, threats to reduce or withhold; terminating or amending agencyagreements.(a) A licenseeor anyone on behalfof any such licensee or firm, whether licensed in this state or in anotherstateshall not solicit a referral fee withoutreasonable cause. Reasonable cause shall not exist unless one of the followingconditions exists:

      (1)   An actual introduction of business has been made;

      (2)   a contractual referral fee relationship exists; or

      (3)   a contractual cooperative brokerage relationship exists.

      (b)   A licensee or anyone on behalf of any such licensee or firm, whetherlicensed in this state or in another shall not:

      (1)   Threaten to reduce or withhold employee relocation benefits or take otheraction adverse to the interest of a client or customer of a real estatelicensee; or

      (2)   counsel a client or customer of another real estate licensee on how toterminate or amend an existing agency agreement or sales contract.Communicating corporate relocation policy or benefits to a transferringemployee shall not be considered a violation of this paragraph, as long as thecommunication does not involve advice or encouragement on how to terminate oramend an existing agency contract.

      History:   L. 2000, ch. 102, § 5; July 1.