Question about realtor commissions when buying a property for yourself

[Fady Youssef]

Hello all,

I am currently under contract for a 2 family property, I plan on living in one unit and renting the other. I am also a real estate agent and am representing myself, so I am the agent and the buyer. The seller has agreed to provide a 2% commission and I am going to be using that 2% and applying it as a closing credit (to avoid paying taxes on that 2%). My question is this: do I owe my broker a split of that 2%? 

My broker and I have agreed on a 75%:25% split, but I thought that was only when I am representing clients. Since I am representing myself and I am using that 2% as a credit, I feel that I should not owe her a split. When I spoke to her about the purchase she said I still owe her the 25% but I am not sure if that makes sense. I am not going to be receiving a check or payment, the 2% will just come off closing. 

Please let me know if anyone else that has represented themselves on a purchase has run into this issue and how you went about navigating it. I am in NJ for reference. 

Thank you,

Fady

[Russell Brazil]

Assuming your ICA doesn't say different, then yes you owe your broker their split.

An agent as a principal in a transaction is the #2 cause of lawsuits against brokerages. You are engaged in a high risk activity for your broker, so yeah, they deserve their cut.