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Possible SEC NAR Referral Fee/Exemption

For REALTORS and commercial real estate agents

The National Association of REALTORS (NAR) and the Securities & Exchange Commission (SEC) have been working to finalize an exemption which may allow real estate brokers to be compensated in the form of an advisory fee for referring clients to Registered Representatives, like Cardea Commercial, who offer Tenant-in-Common (TIC) Investments. Under current securities regulations, Registered Representatives and broker/dealers are prohibited from sharing any compensation derived in the sale of a TIC with unregistered agents.

We do not know with certainty if this exemption will be finalized or any of the specific details. However, NAR believes the outlook is promising and if the SEC issues an exemption, we believe you will be able to refer clients to Registered Representatives for the potential purchase of TIC Investments. In turn, you may receive an advisory fee as a party to the transaction.

TIC Investments are a potentially good option for clients that:
- Are participating in a 1031 exchange to defer capital gains taxes
- Want to turn active management into a passive investment
- Want to diversify their portfolio in order to reduce risk
- Would like to own institutional-quality property
- Want to sell but don't know what to buy and don't want the headaches associated with managing another property

It is important to note that TICs are only available to accredited investors as defined by Regulation D of the Securities Act of 1933. Income and net worth minimums apply.

This exemption is potentially good news for you because:
- You may be able to obtain listings from clients that may be reluctant to sell because they have not yet identified a suitable replacement property
- You can help clients potentially defer capital gains taxes
- You may receive compensation for advising your client on the purchase of TICs

If you are unfamiliar with TICs, or would like to discuss this further, please click here to learn more, contact us at right or call us at 1.888.554.1031.