Thread: Listing Agreements - do Buyer's Agents have a right to see the Listing Agreements?

Originally Posted by ProjectWJ

California.

Basically, I want to know if I have the right to demand a copy of the listing agreement which specifically addresses the commissions paid for by the Seller. Commercial property, the total sales comm is 5%, the listing agent is telling me "per the listing agreement" the Buyers agent, (me) gets 2%... leaving 3% to him. I doubt this, and think it probably says 5% "split" between agents.

Do I have a right to request a copy of the listing/commission agreement? If so, anyone now where I can find that language at the DRE?

This is likely going to depend on what board you are part of. If it does not grant you such a right with in your MLS agreement then I believe it safe to say that you are not intitled to review any legal agreement between parties you are not a member of.

In the end I think you are best to check your board rules and then find an attorney if you wish to do anything about this.

Does the listing agent have the right to demand a copy of your buyer agency agreement?

The listing agreement is a contract between 2 entities and you are not one of those entities, so no you do not have the right to see confidential paperwork.

If you don't like the commission split you can make your buyer pay the difference or you can write up the difference in your contract or you can just eat the difference. Some of these options may not be legal depending on where you are.

I'd happily furnish any exclusive rep agreement I have to any seller/agent, there's nothing in those of consequence.

However, if I'm bringing the buyer, am I technically acting as a "subagent" of the seller? as referenced in the listing? I understand I am not privey to all verbiage outlined in listing agreement (between parties I am not a part of), but the listing states how the commission is to be paid/split, and that's a specific interest of mine, I would think I'd have a right to see that information.

What prohibits the listing agent from "claiming" the listing says 1% to procuring broker (me) and 4-5% to him? Just because he told me so? Doesn't "seem" right. I think he's trying to rip me off for another point.

It's a substantial sale, multi millions, so the difference in one point is significant.

I did not ask you if you would turn your buyer agency agreement over to the listing agent. I asked you if there is a law that requires you to do it. There isn't and if the listing agent doesn't want to split 50-50 with you then you are out of luck.

Been there- did that.