Both opinions differ from my understanding of the law. That may be because there isn't one set body of laws for real estate. It differs from state to state.
However, in my state, it is illegal to give a referral fee from a sale to anyone who does not have a real estate license.
The original post, however, quoted someone who was talking about "flipping", not bird dogging. To flip a home, you actual put in under contract and have equitable interest in the property. The quoted source missed that fact. Now, agents still have laws governing their behavior when they sell a property they own, but that is a different matter. With the exception of that one point, the equitable interest voids the writer's entire argument.
The posted question was on bird dogging, however, and license law here, and probably where you live, forbids it. This is not an IRS issue. What the second poster wrote was common sense, and common sense rarely has anything to do with law. :wink:
Selling real estate is over-legislated. I don't like it. I wish it weren't true, and if someone can point to their state laws and show me I'm wrong, I will salute him.
EDIT: Looking at the second post, again, I see he references "potential" deals. If that is the case then I believe he is operating within the law--as long as his payment does not hinge upon a deal actually closing.