Compensation Offer in the Broker-to-Broker Remarks
Any offer of cooperative commission noticed in the broker-to-broker remarks must be stated as a percentage of the gross sales price or a definite dollar amount, and must be a blanket offer to all MLS Participants, whether as a complete group or based on membership within a specific MLS.
Verbiage in the broker-to-broker remarks such as, “we co-broke as you co-broke”, would not be an acceptable notice, as it does not include all Participants of an MLS, nor is it stated is it stated as a percentage of the gross sale price or a definite dollar amount. If the goal is to offer a different commission based on membership in an MLS, the proper way to accomplish this would be to state the lower commission you are offering in the commission fields, and then include verbiage such as, “Commission of x% to Participants of the South Central WI and Rock-Green MLSs”.
Offers of compensation that are anything other than blanket offers to all Participants within an MLS, must be made directly between the parties involved and not within the MLS.
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