*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q: “My firm requires all contract paperwork and disclosures be turned in and approved before we pay commissions to our agents. A few of our agents have left the firm prior to the closing of their deals but have not turned any paperwork in. Are we still required to send the compensation to them?”

A: No. Brokerages are allowed to set their own guidelines for how and when agents will be paid. If any agent—whether still with your firm or not—does not complete the requirements set forth in their Independent Contractor agreement and/or your written brokerage policies, you are not obligated to send them their commissions.  

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