Texas Real Estate Sales Agent ExamContractsMedium

A buyer's agent is representing a client interested in purchasing a historic home. The client signs a Buyer Representation Agreement (BRA) with the agent. The BRA specifies that the agent will be compensated by a percentage of the sales price, and if the seller's commission offer is less than that percentage, the buyer will make up the difference. This clause is an example of what?

  1. AA retainer fee clause
  2. BA protection period clause
  3. CA commission differential clause
  4. DAn indemnification clause
Show answer & explanation

Correct answer: C. A commission differential clause

A commission differential clause in a Buyer Representation Agreement specifies that if the commission offered by the seller or listing broker is less than the agreed-upon amount in the BRA, the buyer will pay the difference to their agent.

Why the other options are wrong

  • A. A retainer fee is an upfront payment for services, often credited against the final commission, but doesn't address commission shortfalls.
  • B. A protection period clause ensures the agent gets paid if the buyer purchases a property shown during the agreement term, even after the agreement expires.
  • D. An indemnification clause protects one party from liability for losses caused by the other party.

Commission Differential Clause (BRA)

A provision in a Buyer Representation Agreement stating that if the commission offered by the seller or listing agent is less than the agreed-upon amount with the buyer's agent, the buyer is responsible for paying the difference.

  • Part of a Buyer Representation Agreement
  • Buyer pays if seller's commission offer is too low
  • Ensures buyer's agent receives agreed compensation

Memory trick: Difference in pay, buyer must make up the way.

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