Yes, with a condition on the real-estate side. New Jersey’s Real Estate Commission rules let a licensee take compensation for mortgage financing services on the same transaction only when the person holds a New Jersey mortgage license, so the mortgage pay flows under that license rather than through the real-estate broker.
What New Jersey requires
- Hold an active New Jersey MLO license sponsored by a licensed residential mortgage lender or broker, which is the condition N.J.A.C. 11:5-7.1(f) sets.
- Take the mortgage compensation from the sponsoring mortgage company, not from the real-estate broker or the buyer.
- Disclose both roles and both forms of compensation to the buyer in writing.
What the rule says
A real estate referral agent, salesperson or broker-salesperson shall not solicit or receive any compensation or reimbursement pursuant to (e) above from any person other than his or her employing real estate broker unless licensed as a residential mortgage broker or mortgage banker or a mortgage loan originator by the Department of Banking and Insurance
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.