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The North Carolina Realtor® Legal Q&A, Navigating Cooperative Compensation in Compliance with North Carolina License Law and the Code of Ethics, provides a FINAL RESORT that has left agents confused.
Ideally, buyer agents will continue to determine and confirm compensation prior to the submission of any offers. Buyers are also free to ask for seller concessions in their offer, which can include amounts that go towards buyer agent compensation.
Buyer agents continue to be prohibited from putting the terms of their compensation in the pre-printed North Carolina Offer to Purchase. In addition, buyer agents cannot “attach” their compensation agreement to the Offer to Purchase itself. The compensation agreement must never become part of the Offer to Purchase.
