Posted by JPiper on January 21, 1999 at 17:53:55:
The way I have handled it is to make my offer to the seller containing a note in the amount of the real estate commission in the contract as a portion of the total price. In other words, the seller will receive a note secured by a deed of trust from me as a part of his total price.
At closing the seller then assigns this note to the real estate agent in payment of the commission.
If the note was not a part of the original contract, then an addendum would be created changing the terms of the original contract as above described.
From the seller’s perspective, it might also be good to have an agreement with the real estate agent that the note was payment of the commission.