QUESTION

Can I realtor/sales person use the commission to pay closing costs?

Asked on Nov 21st, 2013 on Real Estate - New Jersey
More details to this question:
I am a realtor in NJ and I am interested in purchasing an investment property. I found a property through mls and I want to know if instead of getting the realtor commission (buyer comission)I could ask the seller to use it to pay closing costs. The buyer commission is 2% and if I can am I own a commission to my broker?
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1 ANSWER

William Mack
I don't know the relevant rules if any that might apply to this under the NJAR, but there is no legal barrier to your reducing or eliminating your commission in return for a seller concession to be used for closing costs. However, two things are important here.  First, if you are borrowing money to make the purchase, the details of this arrangement must be disclosed to the bank on the HUD-1 settlement statement, and the bank will have to approve the arrangement. Second, part of the commission you earn is typically paid to the broker under your business arrangement with the broker.  You need your broker's approval as well in that case, since your action will eliminate any payment the broker otherwise would have received from the transaction.
Answered on Nov 22nd, 2013 at 9:43 AM

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