Question and Answer Regarding Whether An Attorney May Collect a Commission

Question: I am a listing agent and an attorney represented a buyer in a transaction. The attorney is requesting to share in my commission. Is that legal?

Answer: No, unless the attorney is a licensed real estate broker. Attorneys may not collect commissions unless they have a real estate license. However, they may be separately paid by their client.


Shannon B. Jones, Partner sbj@sbj-law.com

Danville Office

208 W. El Pintado Road

Danville, CA 94526

Tel: 925.837.2317

San Jose Office

111 North Market Street, Suite 300

San Jose, CA 95113

Tel: 408.363.3635

Sacramento Office

770 L Street, Suite 950

Sacramento, CA 95814

Tel: 916.368.1000