The real estate commission office won’t answer my question because I’m not a broker so I’m looking for help here. I have an agent who says his commission checked doesn’t need to be made to the brokerage because it’s a flat fee. He then said, if it does, he will change the brokerage he hangs his license under. From my experience he can’t do either. It has to go to the brokerage unless they sign a doc saying they approve, right?

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Bump this up to your attorney to tell off this agent for being shady a.f. He can work for whatever brokerage he wants, and that is who the check will go to.

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Just cut the check and send it to his brokerage. There is no reason to humor this clown.

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Or if anyone can point me to a rule book on broker commission. Everything I’m finding is only about the new law that just passed.

What does the contract say? I am assuming there is a signed contract that says “XYZ” is entitled to a fee. “XYZ” is who the check should be made out to. That’s usually the brokerage.

It’s a custom agreement from opposing counsel so I can’t even say he used a form from business brokers and it only says his name individually.

Every state requires payment (of any kind) to agents to go through the broker. Even if he switched brokerages your contractual relationship would stay with the current broker. He’s likely trying to avoid giving his brokerage the commission split.

It’s a requirement of his licensure and he definitely knows it - meaning you have nothing you need to prove to him. It’s also in his contract with his broker. I’d contact the broker directly and make them sort it with him. If he’s causing significant issues for you, tell him you’re going to file a complaint with the RE commission.

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What state?

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