BIC TIP #1245: No Transactional Brokerage in NC
Some states allow a transactional broker relationship, where a licensee facilitates a deal without representing anyone. North Carolina is not one of those states. Stephen Long reminds brokers that if you want to be paid a commission here, you have to be someone’s agent.
The Question Every Broker Gets
It usually sounds like this: I have a buyer and a seller who already found each other. They just want to pay me to do the paperwork. It sounds easy, harmless, and like a quick check.
In North Carolina, that arrangement does not fit any recognized brokerage relationship. There is no category for a neutral paperwork processor who earns a commission without representing anyone.
Your Options Are Representation Options
If you want to be involved in that transaction as a broker and get paid, you are going to have to represent someone. According to Stephen, your choices are straightforward: you can represent the seller, you can represent the buyer, or you can represent both if they agree to dual agency.
Each of those comes with duties, disclosures, and the appropriate written agreements. Representation is not just a box to check. It defines who you work for and what you owe them.
Sometimes the Answer Is an Attorney
If the buyer and seller truly do not want anyone representing them, Stephen suggests they probably need to contact a real estate attorney to handle the paperwork. That is a perfectly reasonable path for parties who have already negotiated their own deal.
What you should not do is quietly fill out forms, collect a fee, and call it brokerage. Talk to your broker-in-charge before agreeing to any arrangement that does not fit neatly into seller agency, buyer agency, or dual agency.
The Practical Takeaway
There is no transactional brokerage in North Carolina. You cannot get paid a commission in a real estate deal without being someone’s agent. Represent the seller, the buyer, or both with proper dual agency consent, or refer the parties to an attorney. No representation, no commission.
This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.
