Brokers’ Buzz

Cut Commission Owed on Tenant's Cancellation Fee

April 21, 2021    

Some of your tenants may have an option to cancel the lease early by paying a cancellation fee. Under many standard brokerage agreements, when and if the tenant exercises that option, you must pay the broker commission on the full cancellation fee you receive from the tenant. That...

Is Broker Entitled to Commissions on Renewals that Occur After a Client Sells the Property?

April 6, 2021    

SITUATION

The owner of commercial property comprised of two buildings with an adjoining lobby hires a brokerage firm to find a tenant for the space. The broker lines up a tenant. The lease runs five years and requires the “Owner” to pay the broker’s commission for the...

Landlord Can't Use Minor Violation as Excuse to Not Pay Retainer Fees

March 23, 2021    

In addition to commissions on actual leases closed, many landlords agree to pay their real estate brokers a monthly retainer. This is an effective way to ensure the availability of brokers you know and trust.

But retainer fee arrangements can also make it harder to break up when and if...

Make Clients Who Promise You a Commission Put It in Writing

February 18, 2021    

SITUATION

Brokers line up a company that may be willing to make an offer on a commercial building owned by a previous client. You make this work and I’ll pay you a commission, the owner promises.

Are You Entitled to Commissions on Renewals that Occur After a Client Sells the Property?

January 22, 2021    

SITUATION

The owner of commercial property comprised of two buildings with an adjoining lobby hires a brokerage firm to find a tenant for the space. The broker lines up a tenant. The lease runs five years and requires the “Owner” to pay the broker’s commission for the...

Don't Let Lease Assignment Defeat Your Right to a Sublease Commission

December 17, 2020    

SITUATION

A shopping center tenant hires a broker to find somebody to sublease 5,100 square feet of the space it’s leasing. The listing agreement names the broker as the tenant’s exclusive agent and provides for a 6 percent commission in the event:

  • The space is...

You Make the Call: Did the Broker Commit Fraud?

November 18, 2020    

In their eagerness to get the lease signed, brokers may be inclined to make statements about what the document says (or doesn’t say) to allay the concerns of one of the parties. So, what happens if the landlord or tenant takes the broker at its word and signs the lease, only to discover...