Listing Agent leaves listing broker to work for another broker - NY - commissions?

**akabubbleup** · 09-22-2010, 01:17 PM

My house is currently under contact with a Nov. 15th close date. I've been notified by our listing agent that they are no longer working for the broker that our home is listed with and the agent has begun working for another brokerage firm.

Given this scenario, how is the listing portion of the commission handled at closing? I understand the basic relationship/ split between the listing agent and the 'house' (broker portion) but:

Does the full amount go to the listing agent? (and agent sends the broker's portion)
Would we be directing the listing agents portion of commission to two entities? part goes to agent/ part to broker?
Did the listing agent walk away from the commission by changing jobs?
A lot of the details between the dissolution of an agent/ broker relationship would lie in the agent's agent/ broker contract (which I am obviously not privy to). It would seem best to have all parties talking and in agreement to the proper distribution of commission amount before we cut any checks.

The last thing I'd want to happen would be to overfund one entity (agent/ broker) at the expense of underfunding the other.

I'd ultimately be responsible for covering the underfunded portion which would amount to me double paying a portion of the commission if funds aren't directed correctly to any and all parties involved.

**Chrisopher Moltisanti** · 09-22-2010, 02:43 PM

It depends on several things Sir/Madam.

1)The agreement your former Realtor has with their broker.
2) How long they hold onto their commission check before "giving it up".

That simple.

Don't be concerned about where your money's going. If your former Realtor's
agreement (verbal or otherwise) with their broker is mutually beneficial, just rest
easy. Fughetaboutit. You're alright.

-CM

**Greg** · 09-23-2010, 06:25 AM

In most state the commission goes to the broker and they share it with the agent. Don't worry about how they split it up. It is not your concern as long as you only pay what you are contractually obligated to.

**gotlivechat** · 09-26-2010, 08:59 AM

Not sure there's much to worry about. The brokers will need to decide behind-the-scenes on how the commission will be allocated. Just ensure you're paying one amount...

**akabubbleup** · 10-14-2010, 09:22 AM

Just a quick follow up. It turns out in my case, the Agency represents at the closing, one check is cut and our Realtor gets paid in full, but since she is no longer a representative of the Agency, she cannot attend the closing.