Hi Needinfo, I would agree with those posters below who indicate the Lender will pay the commissions (and much more as you will read).
In addition, if you are looking for some "insurance" that this occurs: 1) ask your Listing Agent to provide you with a Short Sale Listing Addendum (CAR form SSL 8/07), and 2) make sure the Buyer submits a Short Sale Addendum (CAR form SSA 4/09) with any offer (which is quite typical).
Section 5 of the SSL states:
"BROKER AUTHORITY: Seller authorizes Broker to: (1) market the Property for sale, (2) contact Lender concerning Lenderâ€™s approval of a Short Sale (C.A.R. Form ARC) and Seller agrees to give Broker any necessary information to negotiate with Lender, and (3) advertise in the MLS and other advertising medium that the Property transfer, sales price and payment of commissions are subject to Lender approval. If Lender will not cooperate, Broker may cancel this listing agreement."
["...payment of COMMISSIONS are subject to Lender approval."]
The first Paragraph of the SSA states:
"This Agreement is contingent upon Sellerâ€™s receipt of written consent from all existing secured lenders and lienholders (â€œShort-Sale Lendersâ€), no later than 5:00 P.M. on [enter date] (â€œShort-Sale Contingency Dateâ€), to reduce their respective loan balances by an amount sufficient to permit the proceeds from the sale of the Property to pay the existing balances on loans secured by the Property, Real Property Taxes, brokerage commissions, closing costs, and other monetary obligations the Agreement requires Seller to pay at Close Of Escrow (including, but not limited to, escrow charges, title charges, documentary transfer taxes, prorations, retrofit costs and Repairs) without requiring Seller to place any funds into escrow or have any continuing obligation to Short-Sale Lender. If by the Short-Sale Contingency Date, either: (i) Seller does not receive Short-Sale Lendersâ€™ written consent or (ii) Seller fails to give Buyer a copy of Short-Sale Lenderâ€™s written consent then either Seller or Buyer, respectively, may cancel the Agreement in writing, and Buyer shall be entitled to a return of any deposit. Seller shall reasonably cooperate with existing Short-Sale lenders in the short-sale process."
[...the proceeds from the sale of the Property to pay the existing balances on loans secured by the Property, Real Property Taxes, brokerage COMMISSIONS, closing costs, and other monetary obligations...]