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Technically the closing agent should have been given these instructions by both Brokers and each should have reviewed the HUD1 before the closing date to make sure the commissions were noted. If the Selling Broker is not willing to advise the Closing Agent as to the commission split, send a copy of the MLS report to the closing agent and instruct them to disburse pursuant to the MLS. Another way of making sure commissions are paid to all parties is to simply include this information on the actual Purchase Contract. Finally if all else fails, request a copy of the Listing Agreement from the Seller's Broker which should express the cooperation compensation. The selling Broker usually is entitled to the full agreed upon commission and they are the ones obligated to provide cooperating compensation..not the Seller (check your Listing Agreements for the verbiage as to who is responsible to compensate who). Of course, you can always seek the advise of your local Board of Realtors and/or Attorney (which I highly recommend) for further guidance in this matter. |
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