Can Licensed Salesperon (Agent that's not Broker) Collect Commission in ANY CIrcumstances?

8 Replies

collect commission directly, that is, as opposed to receiving from his/her broker.

so, are these allowed in your state?

a few scenarios.. assume all occur in the state the professional is licensed:

1- Agent lists their own house on MLS and sells directly, double-ending the deal without a buyers/sellING agent's help. Agent has 100% Commission structure with flat-fee Broker. At closing, Agent directs Escrower to cut commission check in Agents name, not his/her brokers.

2 - Agent lists their friend's house on MLS and sells directly, double-ending the deal without a buyers/sellING agent's help. Agent has 100% Commission structure with flat-fee Broker. At closing, Agent directs Escrower to cut commission check in Agents name, not his/her brokers.

3 - Agent finds a home on MLS for him/herself. Agent makes a direct offer conditional that listing agent agrees to give agent half of the total commission. Seller and Listing Agent accept. Agent has 100% Commission structure with flat-fee Broker. At closing, Escrower cuts commission check in Agents name, not his/her broker.

find a broker willing to take no override.

become a broker.

sell off MLS.

In Indiana, none of those three situations would be allowed.  As a Realtor, I am not acting independently, but as a representative of my broker in all transactions. The 'contract' is not with me but with my brokerage.

The one exception would be if I were the principal  broker of my own firm, which did business under my actual name.  For example, if i had named my brokerage:  Sandy Thomas, Realtor

I will be interested to hear others opinions on this and how it is handled elsewhere.

commissions are only paid to the broker who pays his agents .Agents can not pay comissions.it sounds you want to be a broker without a license.

I know of no way. Title company is going to cut check from closing proceeds to the managing broker company name every time. 

Account Closed 

 Why were you s concerned with agents not having their license number on business cards but are trying to be a broker without a license?


glad to be here to often ask about local rules

so as to avoid breaking them as well as to avoid wasting time associating with others who may be breaking them

(having learnt long ago to avoid presumptous folks;)

and yea i failed 3rd grade grammer.. so whattt

Am I understanding you correctly? You just want to know if escrow can make checks payable to you? If I'm getting that right then, here in Washington State anyway, escrow can cut checks to anyone in any name BUT the brokerage has to submit a form designating who gets what. So in your case if your commission is 5,000 and they your brokerage charges a flat fee of $500 with no other charges, then escrow can definately cut a check in your name for 4,500 and 500 to the brokerage. But in no way will they bypass the brokerage where your license hangs. Brokerages always gets the opportunity to collect anything its owed before you get paid and they use the commission disbursement form to do so.