can my brother how owns a real estate company and a broker from California sell me a home in Washington state and be paid a commission?

Asked by jrbaldwin2, Allen, TX Thu Mar 28, 2013

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T.E. & Naima Sumner’s answer
T.E. & Naima…, Agent, Dallas, TX
Fri Mar 29, 2013
The law on receiving commissions is a local matter in the state where the transaction occurs and the state where the recipient does business.

Unless there is reciprocity from Washington for California licensees, which I doubt, your brother cannot receive directly any compensation. However, he could receive a referral fee from a brokerage in Washington so long as he is currently licensed in California. He should explain the situation to you (we all after all are trained in the state law where we do business).
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, ,
Thu Mar 28, 2013
You asked this question in Allen, TX

And your brother doesn't know the answer.... ?!?!?!? seriously?
1 vote
Christopher…, Agent, The Colony, TX
Fri Mar 29, 2013
He should be able to collect a referral fee from the Agent, but shouldn't you be asking him since he a Broker....?
0 votes
Susie Kay, Agent, Dallas, TX
Thu Mar 28, 2013
I would suggest posting this question in the city that you are planning to purchase your home at. Real estate rules varied by state.

Susie Kay, Realtor®
United Real Estate
III Lincoln Centre, 5430 LBJ Freeway #280
Dallas, TX 78240

Servicing your real estate need is my priority!
0 votes
Patrick Jack…, Agent, McKinney, TX
Thu Mar 28, 2013
It depends on the MLS rules and possibly state laws in Washington. In the Dallas area, a listing broker is not required to pay a commission to a non-participating broker or a broker that is not a member of the local Multiple Listing Service. Most listing brokers will pay some commission, but usually not the same rate as a participating broker. This is because the local broker is going to do lots more work in showing you the property, scheduling inspections, and setting up closing details. You should direct your question to the zip code that you are buying in for local answers.

However, you would be better served if you work with a Washington agent to represent your interest. Your buyer agent would then be familiar with the local market and can advise you on property values, local practices, and represent your best interest. The listing agent does not represent your interests. They represent the seller.

You could ask your brother to find a local agent in Washington for you. Then he could be paid a referral fee by the local agent and you would still have local representation.

Good luck!

Patrick Jackson
0 votes
Edith Karoli…, Agent, Winnetka, IL
Thu Mar 28, 2013
A Realtor can only sell and list or represent a buyer in the state in which they are licensed. What your mother though can do she can make it a referral to a local Agent in Washington State, and receive a
referral fee for that referral, but if she is NOT licensed in Washington State she can NOT represent you
fully in the purchase.
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