Do I owe my real estate agent a commission for the rental property I am moving into?

UPDATED: Apr 13, 2012

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Do I owe my real estate agent a commission for the rental property I am moving into?

I will soon move to a new rental property and I had an agent assisting me. She informed me in writing, that I would not be responsible for her commission. The place I selected was listed on a site where the owner of the property did not use any MLS services, nor did he have an agent. We did not use the agent’s application or lease but she did make contact with the owner in order for us to view the property. Is she due a commission for this service? If so, who owes it?

Asked on April 13, 2012 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not your real estate agent is due a commission for the rental that you have as a tenant depends upon if you signed any agreement with her concerning this or if the presumed written lease that you have for the unit states anything about commissions.

As such I suggest that you carefully read all agreements concerning the rental that you and the landlord signed to see if there is any mention of real estate commissions. If your agent wrote you a note stating that you are not responsible for her commissions, it would appear that you are not by this admission.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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