@Vincent Crane I've encountered these situations and work very closely with my closing attorney to receive compensation from agents. You can get in legal trouble if you don't have your paperwork correct or process specifically established. Firstly, my company is not paid directly from the proceeds of the sale. Instead, I have an agreement with the agent to receive a marketing consulting fee for "managing his campaigns". It isn't a monthly fee; I only receive the fee whenever he closes on the property I refer to him. Additionally, my company isn't listed anywhere on the HUD-1 statement. Another bit of advice is that an agent working for a big brokerage will likely not do this for you. I only deal with local or regional brokers because they're more flexible.
Another tactic that I've utilized is getting specific power of attorney to sell the home for the seller. With that document, I'm able to list the property and receive compensation at closing because technically I'm the seller of the property. In this scenario, I would agree on a purchase price with the seller and sign a purchase and sales agreement with them. Then I bring my mobile notary over and have the seller sign the specific power of attorney, which gives me the right to list the home. Then I record the specific POA at the courthouse and send all of the documents to my closing attorney. The last step is to find a realtor to list the home. You shouldn't receive any pushback from a realtor or broker once you have the notarized document and it's filed at the court house. You are essentially the seller. At closing, your assignment or referral fee will be listed on the HUD-1 statement along with the purchase price you agreed to with the seller. The seller doesn't have to show up to closing and you can deliver the funds to them via check or have your attorney wire them their money. I've closed multiple transactions doing this, and it works in my state of South Carolina.
A lot of people may ask "How in the world do you get someone to grant you POA"? It's simple; we build rapport and only bring the document up after about the 5th point of contact. This is an easy sell to someone who's out-of-state, older, or is very busy. Your seller just needs to be comfortable with you and have confidence that you can perform. I am very transparent with my sellers and keep them in the loop during every point in the process. You are dealing with their biggest asset so this is a huge responsibility!
I want to emphasize that you should do your own research and consult your attorney before doing this. I had paperwork specifically drafted for my company by my attorney to ensure all parties were protected during the transaction. There is always a way to get paid for the value you bring. The "conventional" route is not necessarily the best route all of the time.
Very Respectfully,
Cornelius Garland