Quick answer: A real estate agent may be able to receive a referral benefit for a properly structured finance introduction, but the arrangement must comply with the rules that apply to the agent, state or territory requirements, and consumer-credit referral conditions. ASIC RG 203 specifically uses a real-estate-agent example when explaining the upstream referral exemption.
Real-estate agents sit close to the moment a buyer starts thinking about finance, so referral arrangements are common enough that ASIC uses a real-estate-agent example in RG 203.
What does ASIC's example show?
The example describes an agent who passes a consumer's name and contact details to a broker under a referral arrangement, obtains consent and discloses that the agent will receive commission if the consumer applies for a home loan through the broker.
The point is not that every real-estate referral is automatically compliant. It is that a simple, disclosed introduction can fit the exemption when all relevant conditions are met.
What changes the answer?
The agent should consider:
- written referral agreement;
- consumer consent;
- disclosure of the referral benefit;
- whether the agent is merely introducing or is actually suggesting a particular regulated credit contract;
- state/territory real-estate rules and agency obligations;
- internal franchise or employer policies.
Do not let the referral distort the property advice
A finance referral should not become pressure to use a particular broker or a condition of dealing with the agency.
The commercial value to the agent is secondary to giving the buyer a clearly disclosed choice.
GPS Finance can keep the introduction process separate from the property transaction and document the partner arrangement.
Related referral guides
- Do I need a credit licence to refer finance?
- Client consent for finance referrals
- How finance referral partnerships work
- GPS Finance partner program
Sources and verification
- ASIC — Regulatory Guide 203: Do I need a credit licence?
- ASIC — FAQs: Does the credit legislation apply?
General information only. Referral, licensing, professional-conduct, tax and disclosure obligations depend on the activity, profession, client and arrangement. This is not legal, tax or accounting advice. Check the requirements that apply to your practice before relying on a referral exemption or accepting remuneration.
Need help matching this to a business-finance option?
GPS Finance can review the funding purpose, conduct, documents and lender fit before you make a formal enquiry.
