Legality of Referral Fee for Commercial Mortgage Referrals

[Khenkis K.]

Hello Fellow BPers,

I was wondering if some veterans could shed some light on the legality of paying referral fees for commercial mortgage referrals. In the residential world, paying referral fees for residential mortgages is illegal since a majority of transactions involve a federally-related mortgage loan and, as a result, falls under RESPA. Not to mention, miscellaneous RESPA inclusions such as a "residential property" being a one-to-four family dwelling.

However, let's face it, its a different ball-game in commercial. Since most of these transactions are clearly not residential (i.e. do not involve one-to-four family dwellings, are financed privately/institutionally, etc.) 

That leads me to have the impression that RESPA does not apply to commercial transactions. So, would that mean that paying referral fees for commercial mortgage referrals is legal?

I've been trying to find more information about this but have found close to nothing. Any insights/opinions would be greatly appreciated.