[FL] What kind of contract do I need to legally hire an influencer?
Hello, I own a real estate company and I'm hiring an influencer for marketing purposes. In exchange for a marketing fee when the advertised property is sold, can you tell me what kind of contract I need and what laws apply?
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Florida law (F.S. § 475.41) prohibits paying unlicensed individuals compensation tied to real estate transactions. A percentage based on a sale would be illegal.
You can legally hire an influencer, but only for marketing tasks, and you must pay a flat fee or retainer, not a commission.
You’ll need:
- An Influencer Marketing Agreement (marketing duties only)
- An NDA (to protect confidential info)
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Hello, I own a real estate company and I'm hiring an influencer for marketing purposes. In exchange for a marketing fee when the advertised property is sold, can you tell me what kind of contract I need and what laws apply?
Lexi, Chatbot
What terms do you want included in the contract?
NDA and a contract stating the marketing fee and obligations.
Lexi, Chatbot
Have you worked with influencers before?
Yes.
Lexi, Chatbot
Anything else the lawyer should know?
No.
Jon
Hello! I’m Jon, an attorney. Which state do you operate in? Will the influencer market specific properties or the agency as a whole?
I’m in Florida. I have the influencer already.
Jon
Great. Do you have a specific timeline for the agreement?
Yes—he’s being hired to market my listed properties, and he gets a percentage if the buyer comes through his advertising.
Jon
What percentage?
Between 1% and 2%, depending on price.
Jon
Anything else before I provide an answer?
It’s a narrow situation because Florida prohibits compensation to unlicensed persons.
Jon
Florida law (F.S. § 475.41) prohibits paying unlicensed individuals compensation tied to real estate transactions. A percentage based on a sale would be illegal.
You can legally hire an influencer, but only for marketing tasks, and you must pay a flat fee or retainer, not a commission.
You’ll need:
- An Influencer Marketing Agreement (marketing duties only)
- An NDA (to protect confidential info)
Perfect, thank you so much for your advice.
Jon
You’re welcome! Here to help anytime.
I’m very glad.
Jon
Great! If you need more help, feel free to reach out.
Likewise.
Jon
You’re very welcome!
Jon
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