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How Do I Get Paid a Commission for Locating Prospective Buyers for a Seller?

How Do I Get Paid a Commission for Locating Prospective Buyers for a Seller?

Q: What documents should a broker use to protect their commission?

A broker should use a commission agreement that details the payment terms and conditions. Additionally, a letter of intent or a memorandum of understanding can outline the expectations of all parties involved. These documents help establish legal grounds for claiming the commission if disputes arise.

Q: Can a broker charge a commission to both the buyer and seller?

Yes, a broker can charge a commission to both the buyer and seller, provided this is disclosed and agreed upon by all parties. This dual commission structure should be clearly defined in the broker's agreement to avoid any misunderstandings.

Q: What happens if a deal falls through after a broker has worked on it?

If a deal falls through, whether a broker receives a commission depends on the terms of the agreement. If the agreement stipulates that a fee is due upon certain conditions being met, the broker may still be entitled to a commission. It's essential to have clear terms to address such situations.

Full question:

I am a broker, who facilitates (finds for his customers/buyers) fuel oils deals between seller and buyer. My job is to find an able fuel oil Seller for an able fuel oil Buyer. For this job done I was promised commissions for the product delivered. I have currently a Chinese fuel oil Buyer for whom I have found an able Seller. I would like to protect my brokers' interests in any best ways possible. Please, advise on best workable protection banking instruments/documents/etc. which could protect my brokers' fees/commissions to be paid off in full out of such a deal. I appreciate your info and advice rendered.

Category: Contracts
Subcategory: Finder's Fee
Date: 04/07/2025
State: Florida

Answer:

A finder's fee is a fee paid to someone who acts as an intermediary for another party in a transaction. Finder's fees may be offered in a variety of situations. For example, an employer may pay a finder's fee to a recruitment agency upon hiring a new employee referred by that agency. A finder's fee may be paid regardless of whether a transaction is ultimately consumated.

In a corporate context, a company seeking a merger or acquisition may pay a finder's fee to a person who locates a prospective company for the transaction desired. It may be in the form of a performance-based commission, where the finder gets paid upon closing of a sale. Usually the fees are paid by the seller, but in some cases the buyer pays the commission.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a finder's fee in broker transactions?

A finder's fee is a payment to an intermediary, like a broker, for facilitating a transaction. This fee is typically paid once the sale is successfully completed. While sellers usually cover these fees, buyers can also be responsible for paying them. The fee structure may vary based on the agreement between the parties involved.

How can a broker ensure they receive their commission?

To ensure commission payment, a broker should have a written agreement outlining the commission terms. This agreement should specify when and how the commission will be paid, and it may include clauses that protect the broker's interests, such as a commission holdback until the deal is finalized. Clear communication and documentation are key.