In Quebec, it is traditionally the seller who pays the commission. It is deducted from the sale price upon the conclusion of the transaction at the notary’s office, and it remunerates both the seller’s broker (the listing broker) and the buyer’s broker (the collaborating broker). However, with the widespread use of the exclusive buyer brokerage contract, a few nuances are worth knowing. <\/p>\n\n
When you sell with a broker, you sign a brokerage contract to sell that stipulates the commission. Upon the sale, this commission is most often shared between the listing broker and the buyer’s broker. In practice, the buyer usually has nothing to pay directly to their broker: the remuneration comes from the proceeds of the sale, and therefore from the seller. <\/p>\n\n
It is often said that the buyer pays nothing for the services of a broker. This needs to be nuanced. The buyer does not pay anything directly to a broker, but the commission is agreed upon between the seller and their broker, then integrated into the sale price. The buyer therefore pays it indirectly, within the price itself\u2014without seeing it. In theory, the listed price already includes these shared fees: the services are not “free,” they are simply invisible to the buyer. <\/p>\n\n
An important exception to know: if the buyer’s broker has signed an exclusive buyer brokerage contract (EBBC) providing for a percentage higher than that offered by the seller, the buyer will have to pay the difference out of pocket. Hence the importance of reading and clarifying your EBBC from the start\u2014everything must be transparent and in writing. <\/p>\n\n
Nothing comes out of your pocket along the way. The notary, at the time of closing the sale, takes the commission directly from the transaction amount and pays the balance to the seller. Everything is detailed in the statement of disbursements prepared by the notary. <\/p>\n\n
The amount of the commission, its structure, and its sharing are agreed upon in advance and are negotiable. The OACIQ<\/a>, which oversees the profession in Quebec, requires that everything be clear and documented in the brokerage contracts. To understand how it is established, see our article on the broker’s commission<\/a>, or obtain a free evaluation<\/a> directly. <\/p>\n\n Here is a subtlety that most sellers without a broker ignore: the prices of comparable sales you use to set your own included the commission that those sellers paid. If you sell without a broker, this commission is no longer in the equation\u2014and the buyer often knows it. <\/p>\n\n In practice, a price established from comparables should generally be adjusted by about 4% to 5% to remove the brokerage fees already integrated into those reference sales. Neglecting this adjustment means risking overvaluation, stagnating on the market, and then selling for less or later. We discuss this in our article selling your home yourself<\/a>. <\/p>\n\n Not directly to a broker\u2014but the commission is integrated into the sale price, so the buyer pays it indirectly, within the price. And if their exclusive buyer brokerage contract (EBBC) provides for a percentage higher than that offered by the seller, they pay the difference. <\/p>\n\n This is the common situation. The commission provided for in the sales contract is then shared between the two brokers, at no additional cost to you as the seller (according to the agreed terms). <\/p>\n\n Upon the conclusion of the sale, at the notary’s office. With a classic mandate, no commission is due if the property does not sell. <\/p>\n\n Yes, the commission does not have a fixed rate. Compare the value offered, not just the percentage. <\/p>\n\n Yes. The prices of comparable sales include the commission that those sellers paid. An adjustment of about 4% to 5% is often justified to avoid overvaluation and remain realistic in the face of the market. <\/p>\n\n About the Author \u2014 David Tardif<\/strong>Selling on your own? Adjust your price for comparable commissions <\/h2>\n\n
FAQ<\/h2>\n\n
In practice, does the buyer pay anything?<\/h3>\n\n
What if my buyer has their own broker?<\/h3>\n\n
When is the commission paid?<\/h3>\n\n
Can we negotiate?<\/h3>\n\n
I am selling without a broker: should I adjust my price?<\/h3>\n\n