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Q: I represent a seller in a residential real estate transaction. The Settlement Agent is requiring me to provide my listing agreement. I thought this agreement was confidential with my seller. Do I have to give it to the Settlement Agent? 

A: A listing agreement is confidential between a seller and the listing broker, and it is not a document that a Settlement Agent should require. The Settlement Agent needs to know the brokerage compensation paid as part of the transaction, but that information can be communicated without providing the brokerage agreement itself. For example, Virginia REALTORS^® offers a Broker Fee Disbursement form (Form 510). This form communicates to the Settlement Agent how all brokerage fees should be disbursed at settlement.  

If a Settlement Agent is refusing to proceed to settlement without the listing agreement, you may provide the listing agreement if the seller authorizes it. If the Settlement Agent only needs certain information from the listing agreement, you may consider redacting other confidential portions not required by the Settlement Agent.  

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