Can my realtor give me money back after closing?

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Can my realtor give me money back after closing?

She told me that she would give 1% of the commission back after closing. Nothing to be on the HUD. This is verbal only.

Asked on September 27, 2011 under Real Estate Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your realtor can give you a rebate of one percent (1) of his or her real estate commissions after closing escrow on the sale of the real property you are writing about. However, I caution the real estate agent from doing so in that if there is a loan to acquire the real property being purchased and the loan is federally funded, the one percent (1%) rebate to you very well could be a violation of federal law as a hidden and undisclosed charge under RESPA and is not actually earned. Since there is a HUD reference I presume that the loan is federally funded.

If you are the seller of the real property, your agent can simply reduce his or her real estate commission in writing and that would not be a RESPA violation. If your agent is representing you as the buyer in the transaction, I sense that the promise to pay you a rebate on commission and if actually done would be a RESPA violation.


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