Who Pays The Commission is not Relevant to Representation

Q: I am a Texas Realtor. I just read an article in a major newspaper that confused me. That author says that all brokers represent sellers because the seller pays them, and that this obligates the buyer's agent to serve the interests of the sellers. I am a buyer's representative, and get my commissions through the MLS offer to share. There is no exception for buyer's brokers. Why does he think I represent the seller?

A: The author of that column, according to his website, is a "certified home inspector practicing in California. We don't know his qualifications to comment on agency law..

In these days of buyer representation, who pays the commission is not important. Most brokers access the offer to pay through MLS. If you have a buyer's representation agreement, you clearly represent that buyer, and you have the right to be paid through that system. Most listing agreements in Texas make it very clear that the commission may be split with other MLS members, with no qualification for buyer's representatives

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Who pays the commission is an old, outdated theory. A landlord is often thrilled to get an offer to lease from a tenant representative, and has no concerns about paying the commission to that agent

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To send us a question visit www.AskGeorge.net and select the "Ask A Question" button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.