Can a real estate agent be the loan officer on the same deal?

The rule in all 50 states and the District of Columbia, quoted from each regulator or statute, with what each state asks of an agent who holds both licenses.

By Gary Basin, co-founder of Ike · Reviewed

In most states, yes. A real-estate agent who also holds a mortgage loan originator license may originate the buyer’s mortgage on the same purchase, with a written disclosure of both roles and both forms of pay, and the buyer’s consent. Three states bar it: Louisiana, Rhode Island, Utah.

We read the mortgage licensing law and the real-estate license law of all 50 states and the District of Columbia, and each state page quotes the operative text and links to it. 9 jurisdictions address the dual role directly and permit it. 10 permit it with a named condition. In 28 we found no rule against it, which is documented silence rather than a stated permission, and in some of those the regulator has written something short of a rule, which the state page quotes. One state is not yet reviewed.

How to read the answers

  • Yes. A statute, rule or regulator writing directly contemplates one person in both roles and permits it, usually with a prescribed disclosure.
  • Yes, with conditions. Permitted, subject to a condition on every file, such as prior written consent, a license grade, or how the mortgage pay is papered.
  • No rule against it found. The operative statutes contain no prohibition, and the general disclosure rules apply. This is not a clearance. Check with the state before the first file.
  • No. A cited rule bars the dual role or makes it unworkable.
  • Not resolved. Two cited rules pull against each other and the regulator has not said how they fit. The page states the conflict rather than picking a side.

Every state

StateSame deal, both rolesIke
AlabamaNo rule against it found
AlaskaNo rule against it found
ArizonaYes, with conditions
ArkansasNo rule against it found
CaliforniaYes
ColoradoYesComing soon
ConnecticutYes, with conditions
DelawareNo rule against it found
District of ColumbiaYes
FloridaNo rule against it foundComing soon
GeorgiaNo rule against it found
HawaiiNo rule against it found
IdahoNo rule against it found
IllinoisNo rule against it foundComing soon
IndianaNo rule against it found
IowaNo rule against it found
KansasYes
KentuckyNo rule against it found
LouisianaNo
MaineYes, with conditions
MarylandNo rule against it found
MassachusettsNo rule against it found
MichiganNo rule against it foundComing soon
MinnesotaNo rule against it found
MississippiNo rule against it found
MissouriNo rule against it found
MontanaNo rule against it found
NebraskaYes
NevadaNot yet reviewed
New HampshireYes
New JerseyYes, with conditions
New MexicoNo rule against it found
New YorkYes, with conditions
North CarolinaNo rule against it found
North DakotaNo rule against it found
OhioYes
OklahomaNo rule against it found
OregonNo rule against it found
PennsylvaniaNo rule against it found
Rhode IslandNo
South CarolinaNo rule against it found
South DakotaYes, with conditions
TennesseeNo rule against it foundComing soon
TexasYesComing soon
UtahNo
VermontNo rule against it found
VirginiaYes
WashingtonYes, with conditions
West VirginiaYes, with conditions
WisconsinYes, with conditionsComing soon
WyomingYes, with conditions

What applies in every state

  • Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
  • Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
  • The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
  • The buyer keeps the right to choose any lender, and the disclosure says so.

Go deeper

Join the interest list

Ike is preparing to sponsor real-estate agents as part-time loan originators, state by state. Tell us your state and we will write when there is news for agents there.

Your email and state go to our form processor and are used only to send program news. See the privacy notice.

This page is general information about state licensing rules, not legal advice, and not a statement by any regulator. Rules change. Confirm the current rule with the state regulator or a licensed attorney before acting on it.

Mortgage services are offered by Ike Mortgage LLC, a wholly owned subsidiary of Eichler Inc. Ike Mortgage LLC is preparing its mortgage license applications and is not yet licensed in any state. Its NMLS identifier will appear here when issued.