Need advice on real estate licensing requirements for new tenant placement
So I'm building a duplex/apartment tenant placement service:
- We give renters 20% cashback on the first month’s rent at lease signing.
- We charge landlords a 35% success fee of the first month’s rent when a tenant signs through our platform.
- We also want to pay licensed real estate agents a small referral fee (around 5%) for sending us qualified tenants.
I’m trying to understand the legal implications:
- Does charging landlords a performance-based placement fee mean we (the company) need a Real Estate Broker license? Or can this be structured as marketing/lead gen to avoid it?
- If we pay referral fees to other licensed agents, what disclosure requirements do we have to the tenant?
- Are there any major red flags with this overall model?
We’re in the very early stages and want to do this 100% by the book.
Also, What type of attorney or counsel should I hire?