Can I contract with a selling agency to get the buyer’s agent share of the commission?

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Can I contract with a selling agency to get the buyer’s agent share of the commission?

I am purchasing a new construction home without a buyer’s agent. The seller has a contract with his agent to pay 5% commission and will not give me a break though I do not have an agent. Can I create a contract with the selling agency to get half the commission returned to me?

Asked on May 13, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country as well as the regulations of the Department of Real Estate in all states, a real estate agent of brokerage cannot fee split his or her real estate commissions with someone who is not a licensed real estate agent.

The best way to try and deal with the commission issue that you are writing about is to have an addendum signed where the purchase price of the home you are buying is reduced by the amount of what the real estate commission would be if you had a licensee representing you in the transaction.


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