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Request for Legal Guidance: Lead Gen Model for CRE Broker Referrals
I run a lead generation and marketing company that helps businesses who are considering relocating, renewing, or expanding their commercial space get connected with licensed commercial real estate agents in their area. When a business expresses interest in exploring space options, we gather some basic information (such as square footage needs, lease expiration, and preferred timeline) and — with their permission — refer them to a local, licensed broker. In return, we charge a flat fee to the broker for the introduction. We're currently reviewing the legal structure of our model to ensure full compliance, particularly with real estate licensing laws and RESPA marketing restrictions. We’re hoping to retain legal counsel to validate that our structure is sound before we expand further. Here’s what we’d like help reviewing: 1. That we are not engaging in unlicensed brokerage activity (and ideally get perspective for key states). 2. That our flat-fee-per-lead model is compliant with: Federal RESPA & state guidelines (especially Section 8(c)(2), concerning marketing/service fee exemptions) 3. Most importantly - that the information we’re collecting (lease expiration, square footage, intent to relocate, etc.) does not constitute a “first substantial contact” that would require a license or mandatory disclosures. We do not present properties, attend showings, negotiate terms, or get paid based on deal outcomes. All real estate activity is handled entirely by licensed brokers. If this falls within your area of practice, I’d love to schedule a consultation to discuss. We’re open to hourly or flat-fee engagements and can provide documentation of our workflows and sample communications if needed.