Broker Fee or Broker Commission

[Rich Hupper]

Hello Fellow Agents

This is a legal question about the distinction between a broker fee and a broker commission.

When I work with a seller a listing agreement is signed detailing the fee involved for my services. This commission is usually split with a cooperating agent. After the split I then split that amount with the broker owner of my company x%. 

When I work with prospective tenants or landlords I collect a flat fee from either the tenant or the landlord once the lease is signed by both parties. I then split this fee with cooperating agents ( if any ), and again x% with the broker owner of my company. 

My question is do I have to split the fee with the broker owner of my company? Or do I only have to split commissions?

Thank you

[Wayne Brooks]

First of all, You don't charge any fees or commissions, it's not legal to, those fee/commission agreements are between the client and your Broker, not you.  Your independent contractor agreement with your broker determines how any fees/commissions are spilt.  To be clear, since you seemed to have missed it.....you can not collect a fee directly from any client for a real estate service, those fees must go through your broker.