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Early Payment of Commission Program: Title

Summary 

As a real estate agent (“Agent”) affiliated with Real Broker, LLC or one of its affiliates (“Real”) through an Independent Contractor Agreement (“ICA”) pursuant to which you provide real estate services, you may be eligible to receive all or a portion of your commission from real estate transactions in which you represent the Buyer or Seller paid to you in advance of closing, pursuant to the terms set forth herein (the “Program”). Real will post in reZEN the amount which you are eligible to receive as advanced commissions under the Program for each transaction submitted under the Program, and this amount will be based on the criteria set forth below.  While this Summary describes certain key aspects of the Program, see the “Eligibility and Terms” section below for the full requirements that must be met to be eligible for advanced commissions under the Program. Note that an Agent is only considered to have earned and be entitled to payment of commissions on transactions that have closed and funded and otherwise meet the terms for commission under the ICA – until then, commissions paid under the Program are considered advanced, but not yet earned.  

At a high level, in order to receive all or a portion of your commission before closing, the title/escrow company which is providing title/escrow closing services to facilitate the home purchase transaction (“Title Company”) must send Real certain information in the specified manner regarding the progress of the home closing process and specified milestones it has met. When Real receives the information in the necessary manner, which is an indication that provides Real confidence that the transaction is likely to close based on milestones met, Real will advance to the Agent, within three (3) business days, all or a portion of Agent’s expected commission from the planned transaction based on the furthest successive Transaction Milestone met at the time of submission. Notwithstanding the foregoing, in no event will advanced commission amounts be paid earlier than twenty (20) calendar days prior to the anticipated closing date of the subject transaction. 

Eligibility and Terms

  • Agent must have a Real Wallet business checking account. The early payment of the commission will only be deposited in the Agent’s Real Wallet business checking account.
  • Agent will be eligible to participate in the Program only if Agent closed and funded at least one (1) transaction under the ICA in the preceding twelve (12) months. The qualifying transaction must have met the terms for commission under the ICA and the Agent must otherwise be in good standing with Real. The Title Company must submit the Commission Early Payment Certification Form. The Title Company must certify as to the following Transaction Milestones, identifying all that have been achieved by the time of submission:
  • Agent will be eligible to receive all or a portion of the Percentage of Expected Commission based on Real’s Underwriting Criteria. Real will post in reZEN the amount which you are eligible to receive as advanced commissions under the Program for each transaction submitted under the Program, and this amount will be based on the criteria set forth below. All remaining commission amounts not yet paid, as applicable, on closed transactions will be paid in the manner and timing typically provided on the transaction outside of this Program.
  • By participating in the Program, Agent agrees: that if the Agent was paid commission in advance of closing on a transaction that does not ultimately close, then such commissions were advanced but not earned and the Agent owes and thus must repay to Real such early commission paid in advance of the transaction (“Debt”); and that Real has a right to offset amounts payable to Agent against the Debt, including from commission from other transactions and revenue share. Agent may not participate in the Program while Agent has  a debt on Agent’s account or otherwise owes a payment to Real.
  • Agent is not eligible to receive an advance on a transaction under the Program if a prior advance for a separate transaction is still outstanding.
  • Agent must be in compliance with the ICA to participate in the Program.
  • Only Agents representing a Buyer or Seller client in a residential real estate transaction where a title/escrow company is used in connection with the purchase are eligible to participate in the Program.
  • If Real determines, in its sole discretion, that an Agent is trying to improperly take advantage of the Program, such as by manipulating a transaction to meet Transaction Milestones when the Agent knows or otherwise should know that the transaction may not or is unlikely to close, or that a Title Company or other person has submitted the Commission Early Payment Certification Form with incorrect information or falsely, Real reserves the right to not pay the commission early to the Agent, and to no longer accept the form from that Title Company.
  • Real will determine the dollar amount to be advanced to the Agent under the Program based on the transaction documentation in reZEN. If sufficient documentation regarding the transaction has not been uploaded, then Real will not pay any advance commission amount under the Program. If a Title Company engages in an instance of false submissions, that Title Company is no longer permitted to participate in the Program. Real expressly reserves all rights and remedies against Agent or Title Company for engaging in false submissions.
  • For an Agent to participate in the Program, the Title Company  which is providing title/escrow closing services to facilitate the home purchase transaction  must submit the Title Company Pre-Approval Form to ecpapproval@therealbrokerage.com. Once approved, Real will allow the Title Company to submit the Commission Early Payment Certification Form to ecpapproval@therealbrokerage.com for any specific transaction.
  • The program is available to any Real agent representing a Buyer or Seller client, and may be used with any Title Company, not just One Real Title or its affiliates.
  • Compensation to parties to a transaction is in exchange for their actual services on the subject transaction. Participation in this Program and Agent’s receipt of any advanced commissions pursuant to the Program do not require, are not payment for, and are not in any way contingent upon the referral or any other arrangement for the provision of any item or service offered by any parties to the transaction. There is no requirement under this Program that any parties to the transaction refer any customer to any service provider or purchase ancillary services from any source.
  • The Program is solely offered in the following locations:  Arizona; California; District of Columbia; Florida; Georgia; Illinois; Maryland; Michigan; Minnesota; Nevada; New Jersey; North Carolina; Pennsylvania; South Carolina; Tennessee; Texas; Virginia; Wisconsin.

Real may terminate this Program at any time by posting notice to the webpage where the terms are hosted. The Program may not be available in all locations.

June 11, 2025

1 Percentage of Expected Commission to be paid in advance of closing pursuant to this Program is based on the furthest successive Transaction Milestone met in this chart. For example, if the Commission Early Payment Certification Form represents that the transaction has met Transaction Milestones (1) through (2), then the applicable Percentage of Expected Commission pursuant to the Program is 70%. However, if successive Transaction Milestones have not been identified, e.g., in that instance, Transaction Milestone (2) was not checked as complete, then the applicable Percentage of Expected Commission pursuant to the Program is 20% (i.e., the furthest successive Transaction Milestone completed).