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Updated almost 6 years ago on . Most recent reply

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Jack Black
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Sharing Commission to a non licensee

Jack Black
Posted

In Florida a sales associate can share their commission as long as you fully disclose it to all parties but I'm confused with the following statement in my pre-licensing course:

A sales associate wants to give the associate's split of the commission to the buyer because the buyer is the associate's nephew. The commission rebate must be disclosed to the seller and to the buyer's lender (the rebate could impact the lender's loan calculations).

How would "the rebate impact the lender's loan calculations?"

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Mike Cumbie
  • REALTOR®
  • Brockport, NY
4,459
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3,316
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Mike Cumbie
  • REALTOR®
  • Brockport, NY
ModeratorReplied

@Jack Black

I may have been confused, in your question. It sounds like you are asking the agent to give a credit/cash/ a bonus/ moulah, monies, consideration, pesos, etc to someone for the successful closing of a property who is not a licensed agent. :

"The $3k shows up in the brokerage operating account at closing and then the brokerage deposits the sales associate's share of the commission in the sales associate's bank account and then the sales associate pays the nephew"

In my state that is highly illegal. Yours may vary and whatever works for you is fine. As a "Licensed Agent" or a "Broker" handing the "nephew" a check for anything at "closing" is illegal and would most likely result in the termination of ones license (or at least enough that I would not risk it myself). Because all parties have to be informed and just "sneakily" handing over cash without a party knowing (the bank) violates that rule. 

  • Mike Cumbie

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