How to tell whether you are acting as a broker or an introducer

The answer, straight away

These are two distinct roles. A broker brings two parties together for the conclusion of a deal without being bound to either, and in Italian real estate the activity is regulated by law 39 of 1989 and requires the prescribed qualifications and registration. An introducer acts on behalf of one party, bringing them opportunities, and does not carry out brokerage in the proper sense.

The distinction is not about terminology: it changes who may do what, and on what conditions a fee arises.

Where the line runs in practice

Somebody who habitually and professionally promotes the conclusion of sales by putting sellers and buyers in contact is carrying out brokerage, and doing so requires the qualifications set by law.

Somebody who, within their own professional activity, introduces a person who wants to sell or buy to a qualified professional, without running the negotiation and without positioning themselves as intermediary between the parties, is on different ground.

The grey area sits in between, and depends on continuity, organisation and the role actually taken, not on the label written on the contract.

The four things to do to stay on the right side

Do not run the negotiation. Introducing and stepping back is one thing; negotiating price and terms is another.

Put the role in writing, with an agreement describing what you actually do, because substance is what counts.

Check your own position. Some professions have their own incompatibility rules, and those are looked at beforehand rather than afterwards.

Take advice on the tax treatment of the fee, which differs depending on whether the activity is occasional or continuous.

A note worth more than the rest

This article is written to orient you and does not replace professional advice. The consequences of getting the classification wrong fall on whoever carries out the activity, and the assessment has to be made case by case, before starting.

Why the distinction matters to the people around a deal

An accountant, a lawyer or a wealth adviser who knows a client intending to sell frequently wonders whether they can do something, and how.

The simplest answer is usually the best: introduce the client to a qualified professional, stay in your own role, and agree in advance and in writing whether and how that introduction is recognised.