Realtor® Legal Tip – Should you alter the BAC (Buyer Agent Commission) in the REPC?
September 26, 2017
Author: Curtis Bullock
The short answer is – No.
Remember, the BAC involves a contract between the Listing Broker and the Buyer’s Broker. The REPC is between the Seller and Buyer. If the BAC is being altered, that should be done on a separate written and mutual agreement between the brokers.
This shouldn’t be confused with my prior legal tip (Aug 29th) on commissions in the REPC. A Seller (not the listing broker) could agree in the REPC to pay the buyer’s broker a portion of the commission directly. That in no way alters or changes the BAC that is offered across the MLS because that is a separate agreement.
So be sure not to confuse these two concepts. Check out this simple diagram below that illustrates the relationship between the 4 parties in a typical real estate transaction – the listing broker, buyer broker, seller and buyer.