by Blackwell M. Brogden, Jr., Deputy Legal Counsel
A. I am a real estate agent, and I have a transaction pending in which I represent the seller. In order to close, I have agreed to give the seller part of my commission. I have further agreed that I will not show this payment on the closing statement, so that his employer, or the relocation contractor, will reimburse the full amount of the commission to the seller—making closing profitable and therefore worthwhile to the seller. How do I do this legally and within the Commission's Rules?
Q. You don't! Assisting the seller in furnishing incorrect information which results in another party's paying money that otherwise would not be due is engaging In a misrepresentation of material fact. Such action may make you liable for criminal or civil fraud against the party obligated to reimburse the seller. Any misrepresentation of fact is considered a violation of the Real Estate License Law and the Commission's Rules.