My acquaintance who is an assistant to a broker wanted to help me out and give me half of her commission in a

Asked by Auroraborealis, 92064 Mon Jun 15, 2009

short sale. is this completely up to her and the broker if she wants to do this? (they are the selling broker)

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Keith Sorem, Agent, Glendale, CA
Tue Jun 16, 2009
A
Let's define terms-
Your profile says that you are a home seller
I am assuming your acquaintance is the listing agent - she is representing you in the sale of your home.

What an agent does with their earnings from sale is up to them. In California the only people that can be "paid a commission" are DRE licensees. However, if the agents opts to give you a credit in escrow to help pay closing costs, or for whatever reasons, she is entitled to do as she wishes.

Good luck.
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Tisza Major-…, Agent, Upland, CA
Tue Jun 16, 2009
Hi Auroraborealis,

To accurately answer your question I would have to say that depends... It depends upon your relationship to the transaction. If you are the homeowner who is using the Short Sale as a remedy then it probably won't be allowed by the lender you are requesting permission to do the short sale from as they usually stipulate in writing that the current owner of the home can't receive any proceeds from the sale as one of the conditions for allowing the sale to take place.

If you are just a friend of the agent and they want to give you money to help you out but you are not a party to the transaction in any form then they might be able to give you money if they want to (just like anyone else can do if they choose to), but they might not be able to do this through escrow and might have to do it via a private transaction between you and them.

If you are worried about the legalities of the situation my advice would be to contact a lawyer who is familiar with Real Estate law to make sure that your friend and their broker would be crossing all of their "t's" and dotting all of their "i's".

I hope that helped. If you have any other questions, please feel free to ask and I will try to answer or I will find you someone who can. Take care and have a great day!

Tisza Major-Posner, Realtor DRE#01784679, IVPG Realty (909)837-8922
Web Reference:  http://Route66Living.com
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