12.25 Commission Recovery in Co-brokerage

• Library: Real Estate Practice Deskbook (2019 Ed.)

3. (§12.25) Commission Recovery in Co-Brokerage

In certain instances, a broker may be attempting to recover a commission for procuring a buyer or tenant in a transaction. This is most likely to occur when the broker cooperates with another broker who has a listing agreement with the seller. Generally, the broker who has a listing or other written brokerage agreement with the seller wishes to expose the property to potential buyers who may be working with other brokers. Often, in most parts of Missouri, the listing broker offers to share the commission with another broker who procures a buyer for the listed property. Listing brokers who refuse to cooperate with and share their commission with other brokers may not be acting in their sellers' best interests because they fail to expose the property to buyers working with other brokers.

Brokers can offer cooperation and commission sharing in various ways. The most common is the use of an MLS (Multiple Listing Service). Membership in an MLS, which is normally affiliated with a local Board of REALTORS

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