Commission Rebate
How a commission rebate works
When a seller offers buyer-agent compensation that exceeds what a flat fee agent charges, the difference can be returned to the buyer. In practice, California agents structure this as a closing cost credit applied on the settlement statement rather than a direct cash payment -- the mechanics and terminology are explained in full on the buyer rebate explained page.
Is a commission rebate legal in California?
Yes. Commission rebates to buyers are legal in California and have been affirmed at the federal level as well. What's not permitted is describing the credit inaccurately on transaction documents -- it must be disclosed and structured correctly with the lender and escrow, which is part of what a flat fee agent manages on your behalf.
A worked example
On an $850,000 San Bernardino County purchase with 2.5% seller-offered compensation ($21,250), a flat fee of $7,250 leaves roughly $14,000 that's negotiated as a closing cost credit rather than paid to the agent -- applied on the settlement statement, not handed to the buyer as cash.
- Ask your agent to show the rebate math in writing before you offer
- Confirm with your lender how the credit will appear on your loan estimate
- Verify the credit is documented at closing, not just promised verbally
- Ask how the rebate amount changes if your final negotiated price shifts