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Legal FAQs for REALTORS® — Commission Disputes
Securing Your Fee

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Legal disclaimer

I represent a buyer interested in purchasing a property that is not listed with a broker. The buyer wants me to approach the seller and make an offer. He also wants me to seek my compensation from the seller. How can I secure payment of my commission? (Updated June 19, 2015)

Look at TAR 2401 Registration Agreement Between Broker and Owner. This form allows a broker to register the buyer with the seller, and if the buyer purchases the property, the seller will pay the broker. If the seller refuses to enter into an agreement under TAR 2401 (or a similar agreement), the broker should inform the buyer and seek further instructions. It may become necessary for the buyer to pay the broker directly, but seek certain concessions for the buyer in the contract.

Legal Disclaimer: The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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