Hi J,
The contract between the seller and the listing broker defines when, how, and under what circumstances a broker’s compensation is earned. Until the recent few years, most listing contracts held that compensation was in the form of a commission and contingent upon producing a buyer. From earlier answers on this thread, most agents here are working on a contingency commission contract that has the Broker being paid a closing.
In recent years, we have seen the entrance of several alternative real estate business models providing sellers many choices. Sellers are often interested in saving fees and one way sellers can do this by paying flat fees upfront for partial or complete compensation to the broker who will represent them. There are many new models emerging that have a payment components at the beginning, middle and end of the transaction. There are also models where the listing broker fee is paid at the time a listing is taken, but the buyer broker fee is paid at closing. Fee compensation may be in the form a flat pre-determined amount, or a commission.
Buyer agency agreements are becoming increasingly common, and we are just beginning to hear more about retainers paid to buyer brokers. For those who view the buyer as the one paying the Brokerage fee, a retainer agreement can be quite acceptable.
It is still common for many brokers who are working on a contingency to receive their entire commission at closing. Commissions are often deemed earned when a ready, willing, and able buyer is presented to the seller. Although often deemed earned before that point, Brokers generally wait until closing to receive a contingent commission. The settlement agent (title company, broker, escrow agent, or attorney) will cut the checks to the Broker from proceeds at closing under this arrangement. Payments are made to the Broker, not the agent. Brokers then pay the agents based upon the contractual or employment agreement that exists between the brokerage and the agent.
While most answers on this thread stated that the Broker was paid at closing, and that has been common for many years, we are an industry in transition. While the contingent commission at closing remains the most common, it should not come a surprise to you if someone approaches you with an alternative business model or proposal.
Deborah Madey - Broker
Peninsula Realty Group - New Jersey
J, good morning...
Contrary to what some agents might want consumers to think ... buyers *do pay* the commission on the sale of a home, anything else is just a false statement ...
This is a small excerpt from Mr. Michael Daly being refreshingly honest and candid yesterday:
-- "Oh no, Mr. Buyer, you dont pay our commission, it is paid by the Seller"
As the buyer writes the check to the seller that the seller uses to pay the commission...
....and we wonder why the consumer doesn't trust us...
http://www.trulia.com/voices/Home_Buying/Reduced_Buyer_s_Age
That said .. depending on what state, most agents get a check at the closing table ..
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Also, I noted that you asked about the "buying process". Some people do not realize that buyers pay absolutely nothing for the services of a Realtor. The seller pays the entire commission and only if and when a property sells and actually closes escrow. Then the payment distribution process begins. Many Realtors can work months and months without a paycheck, especially in a market like this where offers are not accepted, buyers lose their pre-qualification status due to changing lending laws, homes fall out of escrow due to short sale problems or foreclosure issues. I'm often curious when I find that the public has some great misconceptions about the process. So I'm really glad you asked this question so I can talk about it a little bit. Thanks. Good Luck. Cindy Vedder, Prudential California Realty, Riverside
Generally, the Broker receives the commission check at the close of escrow. The agent is then paid according to the Brokers policy after the commission check is processed through the Brokers accounting system and deductions are made for any Brokerage fees charged to the agent, referral fees and the payment is adjusted for the commission split.
Escrow gives the commission to the Broker after the transaction records and all monies are accounted for. Each Broker, in turn, has their own requirements to meet before they will release the commission to a real estate agent. Usually, it takes anywhere from 3 days to two weeks.
Dear Just Looking,
Typically, the real estate agent receives their commission 2-4 days after close of escrow. Escrow has to close out the file and issue all the checks. Then the check gets sent to the broker who takes their cut and then reissues a check to the agent (unless escrow already took care of this). I have been paid as long as 1 week after close of escrow. An agent makes nothing until escrow closes.
I hope this answers your question.
Thank you!
Joan Patterson, B.A., A.S.P., G.R.I., Realtor
Keller Williams Realty
8250 White Oak Avenue, Ste 102
Rancho Cucamonga, CA 91730
951-204-1864
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