Question: I just saw a listing where the Co-operating Brokerage commission has a condition reducing the commission paid if a buyer is shown the listing by the listing salesperson, but an offer is brought by another REALTOR®. Is this ok?
Answer: Yes, this is perfectly acceptable, provided the condition in the Remarks section of the listing is the same as the commission on the Listing Agreement, which are both signed by the Seller.
Conditions to the Co-operating Brokerage commission can’t be added to the Remarks section of the Property Information Form, or to an additional Schedule, if they are different than what is on the Listing Agreement. By ensuring that the commission to the Co-Operating Brokerage is the same on the Listing Agreement, Property Information Form, any Schedule to the Listing Agreement and in the Remarks section, you will be complying with Sections 38 and 39 of the RECO Code of Ethics.