[WSBARP] Attorney Acting as Broker

[Spencer Stromberg]

I've represented client in real estate transactions many times where there
is a listing agent representing the seller. Residential agents tend to be
very skittish of this situation, but commercial brokers are more
comfortable with it.

I've never tried to get the commission paid to me or to rebate it to my
client. I have normally negotiated a discount on the purchase price equal
to 1/2 of the total commission, though. If the seller is willing, you
likely could negotiate a credit at closing for the selling side of the
commission.

As Craig Blackmon mentioned, I would stay away from the commission/rebate
situation unless it is fully disclosed to all parties. I would also want to
consider the B&O tax implications for your firm of receiving the
commission, and whether the rebate to the client is an allowable deduction
from your taxable receipts.

All in all, I think a negotiated credit to your client is a more straight
forward way to handle things.


Spencer A. W. Stromberg
Attorney at Law

827 W. 1st Avenue, Suite 425
Spokane, WA 99201-3914
P: 509.413.1004
D: 509.828.4644
F: 509.413.1078
E: spencer at lucentlaw.com
Web: www.lucentlaw.com

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On Mon, Sep 26, 2016 at 1:14 PM, Jared Hawkins <jared at hawklaw.biz> wrote:

> Distinguished colleagues: I’ve been approached by a client that would like
> me to serve as his agent in a real estate transaction so that I can qualify
> for the buyer’s broker’s commission and then rebate a portion of the
> commission back to him.  I have reviewed Chapter 18.85 Revised Code of
> Washington (regarding broker licensing) and see that attorneys are exempt
> from the broker licensing requirements.
>
>
>
> Does anyone have experience acting in this capacity?  Does anyone advise
> against doing this (or are there issues I’m missing)?  I don’t feel real
> comfortable with the idea so I am exploring the relevant issues before I
> decide what to do.
>
>
>
> Thanks for your help.
>
>
>
> Jared N. Hawkins, Attorney at Law
>
> jared at hawklaw.biz
> Hawkins Law, PLLC
> Phone 509-529-5175 / Fax 509-529-2564
> 2225 Isaacs, Suite A/ Walla Walla, WA 99362
>
> Visit our website at hawklaw.biz.
>
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