חלק א

Appointed and Self-Appointed Brokers

דיני סרסור ושדכן

Begins May 2, 2027 · provisional

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Business Halacha Daily

If an Agent on a Sale Arranges For the Seller to Rent From the Buyer, is He Owed a Commission?

Reuven contracts a real estate broker to find him an investment property to purchase. His plan is to buy a property and then rent it out. The agent does find him a property that’s for sale. Shortly before closing, the agent tells him that the seller would like to rent the property and be his tenant for a year after the sale. The agent claims he is entitled to commission both for the sale and for finding the renter. Is he correct?

Does a Business Have to Pay Commission For an Advertisement That They Never Asked For?

Reuven usually places seasonal advertisements for his business in a local magazine. One year, he chose not to advertise; however, the magazine already had his information in their system and they ran the advertisement anyway. The ad was successful and it brought in some business for Reuven. The magazine wants commission for the business they generated. Do they have a legitimate claim?

If a Deal Falls Through After a Broker is Paid Part of His Commission, Must he Return That Money?

Does he have to refund money?

Is a Discount on a Sale Considered Part of the Purchase Price Vis-a-vis a Broker’s Commission?

Generally, brokers get a commission based on the closing price. For example, if someone sells a property for $1 million, the broker gets his commission of 15% on that amount. What would happen in a case where the purchase price is lowered for some external reason. For example, what if the seller wants to rent the property he is selling from the buyer for a year, and the two agree that they will lower the purchase price by $10,000 in exchange for a $10,000 reduction in rent for the year? In such a case, the purchase price is now $990,000 – but the broker may argue that the “real price” is $1 million and he deserves compensation based on that amount. Is the broker correct?

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