一位潜在买家对我的一套房源很感兴趣. He told me he is a licensed attorney and will prepare his own offer without using a real estate agent. 他还要求从我的交易费用中分一杯羹. 他没有经纪人执照. 我可以付钱给他吗??
是的. 经纪人可以与委托人分享费用, 无论委托人的职业或执照状况如何. 但是，不要求代理这样做. A concession of part of the broker’s fee to a principal is a business decision made by the broker.
还记得, a broker is prohibited from sharing a commission with an attorney who represents a party in a transaction. In that situation, the attorney would need to seek payment from his client.
Keep in mind that if you decide to share your fee with a principal who you don’t represent, 你必须得到你的委托人的同意才能这样做.
An attorney told me her client attended an open house for my listing and wants to make an offer on the property. 的 attorney is preparing the offer for her client and insisted I pay her the same fees I had offered cooperating brokers in the MLS. 律师没有经纪人执照. Can I pay her the cooperation fee if her client purchases the property?
No. 的 Real Estate License Act (TRELA) prohibits brokers from sharing fees received for services as a real estate agent with anyone not licensed as a real estate broker or salesperson in Texas or any other state. (参见第1101节.651，职业法典.) You would face disciplinary action for paying a cooperating commission to an attorney.
尽管律师不受TRELA (参见第1101节.005，职业守则) and are permitted to represent clients in real estate transactions, attorneys must seek compensation for those services directly from one of the principals in a transaction.
A buyer broker whom I know told me that he regularly shares part of his fees with the buyer he represents. 也, he pays the buyer outside of closing with no indication of the payment shown on the HUD-1 Settlement Statement. 这不是违法的吗??
A broker is not prohibited by 的 Real Estate License Act from sharing a fee with a principal. Any fee-sharing arrangement, however, should be disclosed on the HUD-1 Settlement Statement.
Sellers and buyers signing the HUD-1 Settlement Statement represent that the settlement statement is a true and accurate statement of all receipts and disbursements made in connection with closing of the transaction. 的 HUD-1 Settlement Statement usually contains a warning that making a false statement on it is a federal crime punishable by a fine or imprisonment. A broker participating in any scheme to pay money to a buyer outside of the closing might risk similar penalties.
Note: REALTORS® advertising or otherwise representing that they will share fees with a party in a transaction must disclose in the ad that the rebate is subject to the consent of the party that the broker represents. 也, 如果退税取决于某些限制, 比如贷款人的批准, the ad must contain a disclosure that payment of the rebate is subject to restrictions.
I’m a broker and I recently terminated the services of one of my agents who signed the TAR independent-contractor agreement. 终止合约后，他应收取哪些费用?
你欠他在合同终止前的所有费用.
的 销售助理独立承包商协议 (TAR 2301) outlines the rights of the broker and agent concerning earned fees upon termination of agent sponsorship. 根据合同第16C条, an agent’s fees are earned at the time a broker's fees are earned under the applicable agreement for brokerage services—unless the fees are subject to arbitration or litigation. 每一份经纪协议都规定了经纪人的佣金何时收取. Generally, a broker's fees are earned when contracts or leases are fully executed.
Paragraphs 16G and 16H address the issue of fees payable to the departing agent if prospects are reassigned to another agent to complete a transaction. 双方可以就费用分摊达成其他规则, but a different agreement should be in writing to prevent disputes.