Link to home page, or members home page if logged in as a member
For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Travel Policy Leadership Development Leadership Applications
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom
For Buyers, Sellers, Renters
For REALTOR® Members
Legal & Ethics
Forms Blank Form Downloads zipForm Help Approved Form Vendors Form Changes Resources Legal FAQs Hotline: 800-873-9155 Legal Briefs Video Series Risk Management Resources Manuals and Guides Legal Fund Fair Housing for REALTORS® Ethics Code of Ethics Complaints Arbitration
Government Affairs
Political Affairs Political Affairs Resources Grassroots Election Programs Get Involved Legislative Affairs Positions Local Issues Program TREPAC What is TREPAC? TREPAC Awards Savings Calculator Resources for TREPAC Leaders My TREPAC Level TREPAC Video Contest Winners
Education
Course Search My Education Designations and Certifications GRI – Graduate, REALTOR® Institute TACS – Texas Accredited Commercial Specialist TAHS – Texas Affordable Housing Specialist TRLP – Texas REALTORS® Leadership Program TRLS – Texas Residential Leasing Specialist TRPM – Texas Residential Property Manager TRRS- Texas Risk Reduction Specialist For Instructors
Specialties
Commercial Property Management Farm and Ranch Global Affordable Housing Brokers and Managers Young Professionals & Diversity
Research
MarketViewer
Real Estate Trends
Texas Relocation Report Texas Quarterly Housing Report Texas Homebuyers and Sellers Report Texas Small Land Sales Report Texas International Homebuyers Report Texas Condominium Sales Report Sales of Million-Dollar Homes in Texas Report Texas Remodel Valuation Report Texas REALTOR® Satisfaction Index A Decade in Texas Real Estate Report Profile Reports Buyers and Sellers Texas REALTORS® Member Profile
Member Benefits
Value of Membership Texas REALTORS® Stores Alphabetical List of Benefits Browse by Category Safety Resources Become a Benefits Partner Texas REALTORS® MLS
Events
All Events Texas REALTORS® Events App REALTOR® Day at Texas Capitol
Meetings
Winter Meeting 3-Year Meeting Calendar
Communications
Advice for REALTORS® Blog Texas REALTOR® Magazine Current Issue Read Texas REALTOR® Archives Contact the Editors Manage Your Magazine Subscription Manage Email Subscriptions Write for Texas REALTORS® Advertise with Texas REALTORS®

For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Travel Policy Leadership Development Leadership Applications
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom

  • Members
  • Communications
  • Advice for REALTORS®
  • Who has to be involved in commission negotiations?

Who has to be involved in commission negotiations?

March 26, 2018 | Texas REALTORS® Staff

Can a Sales Agent Negotiate Commission Directly With a Client?

No. Commission negotiations should only occur with a broker’s knowledge and consent.

If a commission negotiation comes up between a sales agent and her client, she should tell the client that all negotiations are subject to her broker’s approval.

In addition, the Real Estate License Act says a sales agent may only accept compensation for a real estate transaction from her sponsoring broker or a broker who previously sponsored her at the time she earned the compensation. This would preclude a sales agent from negotiating directly with a client without the broker’s knowledge and consent if those negotiations are to receive compensation without her broker’s involvement.

6
Leave a Reply

avatar
6 Comment threads
0 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
6 Comment authors
Stuart ScholerTraci MillerMIKE T SCALFAsvestas GregoryRick Snow Recent comment authors
avatar
newest oldest
Mike McEwen
Guest
Mike McEwen

I agree w/ the law, but I do allow my agents to set the commission w/ his/her client.

Reply
4 years ago
Rick Snow
Guest
Rick Snow

Another aspect is negotiating commissions between brokers. We have a deal where the buyer’s agent said they wanted to reduce their commission by X to make the deal work. I told them we needed an agreement from their broker to pay them less since we had offered Y in the MLS. The broker of the other company told me that since her agents keep 100% of the commission no agreement from her was necessary. (sigh)

Reply
4 years ago
Asvestas Gregory
Guest
Asvestas Gregory

The knowledge and consent is usually given in the independent contractor agreement or spelled out in policies and procedures from the broker to to LRESA at time of hire

Reply
4 years ago
MIKE T SCALF
Guest
MIKE T SCALF

Not sure this was thoroughly thought through. Many agents are now charged a flat fee by their broker based on contract price and not on commission.

Reply
4 years ago
Traci Miller
Guest
Traci Miller

Seems logical that when there is a split between Broker and Agent, an agreement is advised. However, for those agents that have no split – it is unreasonable to have these discussions as this decision is typically made while speaking with a client. It would seem to make more sense, to request that a Broker address this issue as part of their contract depending on the structure of the compensation package.

Reply
4 years ago
Stuart Scholer
Guest
Stuart Scholer

Concerning Rick Snow’s scenario: It seems that the Buyer’s Agent could have dealt directly with the Buyer for the necessary amount of commission to have been shared with the Buyer and not even bother the other parties with this private (and authorized) negotiation.

Reply
4 years ago

Categories

  • Advice for REALTORS®
    • Association Business
    • Benefits
    • Business Tips
    • Commercial
    • Education
    • Ethics
    • Global
    • Governmental Affairs
    • Legal
    • Meetings
    • Property Management
    • Research
    • TREC
  • Current Topics
    • Buyers
    • Landlords
    • Renters
    • Sellers
  • Uncategorized

Tags

advertising advertising rules awards brokers business advice buyers buying Code of Ethics Commercial consumers contracts elections fair housing forms Harvey homebuyers homesellers Hurricane Harvey Legal legal faq legislative affairs marketing marketviewer member benefits MLS NAR negotiation political affairs Property management renters Research rpr Seller's Disclosure sellers selling share this social media taxes technology tips tenants Texas Legislature texas realtor magazine TREC TREC rules webinar

Archives

  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
Legal Disclaimer

Texas REALTORS® provides content through various online platforms, including this blog. By interacting with any of our blog posts, you agree to comply with the following terms and conditions:

  • a. You will not post any defamatory, discriminatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, or obscene content (including comments);
  • b. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and
  • c. You will not post content or take any action on our blog posts that infringes someone else’s rights or otherwise violates the law.
  • d. You will not post any information intended to sell or advertise a business, product, or service.

Texas REALTORS®, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions.

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 Texas 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, Texas REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon.

For Buyers, Sellers, Renters
For REALTOR® Members
Link to home page, or members home page if logged in as a member
Texas REALTORS® is committed to advocating for a strong real estate industry, advancing a culture of continued learning, and staying ahead of issues concerning members and their clients.
© 2023 Texas REALTORS®
Latest Tweets
  • Get discounts on TransUnion’s SmartMove, an online system that provides a quick leasing recommendation for prospect… https://t.co/I62GnRHp1d16 hours ago
  • NAR's #ridingwiththebrand celebrated the strength of REALTORS® during yesterday's REALTOR® Day at the Texas Capitol. https://t.co/dJJp5Z7xrM16 hours ago
Quick Links
About Us Contact Texas REALTORS® Accessibility Newsroom Site Map Terms of Use Privacy Policy Report a Problem
  • Facebook
  • Twitter
  • Default Label
  • Default Label
  • Default Label

Uh Oh!

×
There's been an error!
wpDiscuz