Question:If a firm has a multiple representation relationship because it has a listing contract with the seller and a buyer agency agreement with the buyer, may the buyer use the provision in the offer to purchase to ask the seller to pay the buyer's firm's fee?
Yes. A buyer may use the Seller Payment to Firm Working with Buyer Client provision in the revised offer to purchase to ask the seller to pay some or all of the compensation the buyer owes under the buyer agency agreement, even when the same firm represents both the buyer and seller.
In a multiple representation relationship, the same firm represents both parties. The firm has separate agency agreements with the buyer and seller, and each agreement establishes its respective client's compensation obligations.
The buyer may request that the seller pay an amount toward the compensation owed under the buyer agency agreement. The seller may accept, reject or negotiate that request. If the seller agrees, the payment reduces the amount the buyer owes the firm under the buyer agency agreement. It does not automatically change the compensation the seller owes under the listing contract.
The firm must continue to fulfill its agency duties to both clients when addressing compensation, including any applicable requirements concerning multiple representation...
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- Volume: 26 - WEEK: 42 Date: 10/13/2026 6:38:34 PM -