Brokers: Do Not Require Closing Attorneys to Disburse Commissions


In a sales transaction, the listing agreement determines the liability of the seller to pay a commission to the listing FIRM. The listing FIRM may be obligated to pay individual brokers or cooperating brokers through any agreements with an MLS or otherwise. Brokers should not attempt to require closing attorneys to make these disbursements for them, putting the closing attorney in jeopardy of paying an unlicensed person or firm or improperly dividing a fee due to incomplete or inaccurate information.