Real Estate Agents and Managers

Comprehensive guide for real estate agents and property managers covering underwriting, risk assessment, and fraud prevention strategies.

Underwriting Cheat Sheet

Merchant Category Code 6513 covers real estate agents, brokers, and property management companies handling rental payments, commissions, and property-related fees. This category involves large transaction values and deposit handling creating specific risk considerations.

Key Information

This guide addresses real estate payment operations where commission structures, deposit management, and complex transaction timing create unique merchant challenges.

Typical Business Types

Real Estate Brokerages

#1
Companies employing agents to facilitate property sales and purchases earning commissions.

Property Management Firms

#2
Businesses managing rental properties and collecting rent on behalf of property owners.

Independent Real Estate Agents

#3
Individual licensed agents facilitating property transactions and earning sales commissions.

Payment Processing Information

Transaction Types

1

Rental Payment Collection

Monthly rent payments collected on behalf of property owners from tenants.
2

Security Deposits

Upfront deposits held for potential damages or unpaid rent at lease end.
3

Property Management Fees

Monthly service fees charged to property owners for managing rental properties.
4

Application Fees

Charges for processing rental applications and background checks.
5

Real Estate Commission Deposits

Partial commission payments or retainer fees from property sale transactions.

Common Payment Methods

Credit and Debit Cards - Standard payment method for rent and fees
ACH Bank Transfers - Automatic recurring rent payments
Online Payment Portals - Property management software integrated payments
Checks - Traditional method still common for large deposits
Wire Transfers - Used for significant real estate transaction deposits

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Key Risks & Concerns

Fraud Risks

  • Rental Scams - Fake listings collecting deposits for nonexistent properties
  • Security Deposit Disputes - Disagreements over deduction legitimacy when returning deposits
  • Application Fee Fraud - Collecting fees for properties without actual rental authority
  • Maintenance Fee Disputes - Tenants challenging repair charges as excessive or unauthorized
  • Account Takeover - Compromised portals used to redirect rent payments

Regulatory Challenges

  • Real Estate Licensing - Agent and broker license requirements
  • Security Deposit Laws - State-specific rules for holding and returning deposits
  • Fair Housing Regulations - Anti-discrimination requirements in renting and sales
  • Trust Account Requirements - Separate accounting for client funds versus operating funds
  • Data Privacy - Protection of tenant and buyer financial information

Common Fraud Signals

Listings Without Proper Authorization

Collecting deposits or rent for properties the agent doesn't actually represent.

Excessive Security Deposit Deductions

Pattern of retaining large portions of deposits leading to tenant disputes.

Payment Redirection Schemes

Fraudsters intercepting legitimate transactions by impersonating agents or property managers.

Example Scenarios and Red Flags

Security Deposit Return Disputes

A property manager experiences chargebacks from tenants claiming improper deductions for normal wear and tear or inflated repair costs.

Fake Listing Scams

Victims dispute charges after discovering they paid deposits for properties that weren't actually available for rent.

Maintenance Charge Disputes

Tenants chargeback repair fees claiming work wasn't authorized, necessary, or completed at reasonable market rates.

Application Fee Refund Demands

Applicants dispute fees claiming properties weren't actually available or applications weren't properly processed.

Payment Portal Compromise

Legitimate tenants dispute rent charges after payments were redirected through compromised online portals.

Common Underwriting Questions

UW Tips Business

  1. Verify real estate agent and broker licenses are current
  2. Confirm property management agreements and representation authority
  3. Review trust account setup for client fund separation

UW Tips Financial

  1. Analyze transaction mix between rent, deposits, fees, and commissions
  2. Review security deposit handling and return timeline compliance
  3. Assess cash flow patterns recognizing commission payment timing

UW Tips Risk

  1. Examine chargeback ratios focusing on deposit and fee disputes
  2. Evaluate property verification procedures before listing or collecting payments
  3. Review tenant communication and authorization documentation practices

UW Questions Business

  1. What real estate services do you provide and how many properties do you manage?
  2. Do you primarily handle sales commissions or rental management?
  3. What procedures verify your authority to collect payments for properties?

UW Questions Payments

  1. How do you collect and process monthly rent payments from tenants?
  2. What percentage of revenue comes from recurring rent versus one-time fees?
  3. How do you handle security deposit accounting and returns?

UW Questions Fraud

  1. What procedures verify property ownership and rental authority before accepting bookings?
  2. How do you protect tenant payment information in online portals?
  3. What measures prevent payment redirection fraud?

UW Questions Compliance

  1. Are your real estate licenses current in all jurisdictions where you operate?
  2. How do you comply with state security deposit laws including holding and return requirements?
  3. Do you maintain separate trust accounts for client funds?

UW Questions Chargebacks

  1. What is your chargeback ratio and what are the primary dispute reasons?
  2. How do you document security deposit deductions and property condition?
  3. What procedures address tenant concerns before disputes escalate?

UW Questions Infrastructure

  1. What property management software do you use for payment processing?
  2. How do you track and account for security deposits separately from rent?
  3. Are your online payment portals secure and regularly updated?

Ongoing Monitoring

Transaction Monitoring

  • Monitor security deposit deduction patterns and return timeline compliance
  • Track dispute rates by property and property manager
  • Review payment portal access logs for unauthorized activity

Compliance Checks

  • Maintain current real estate licenses and registrations
  • Ensure security deposit handling complies with state requirements
  • Stay updated on fair housing and data privacy regulations

Security Updates

  • Use secure payment portals with strong authentication
  • Implement verification procedures for payment changes or redirections
  • Deploy systems protecting tenant financial information

Risk Assessment

  • Review property verification procedures to prevent listing fraud
  • Assess security deposit documentation quality against dispute patterns
  • Monitor for payment portal vulnerabilities and unauthorized access

Merchant Communication

Emphasize importance of clear security deposit documentation and tenant communication. Provide guidance on preventing listing fraud and payment redirection schemes. Support real estate professionals in navigating trust account requirements.

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