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For a buyer’s broker to have the ability to negotiate their fee, the buyer’s broker needs to enter into an employment agreement with their buyer, called a(n):

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Question & Answer

Review the question and all answer choices

A

buyer’s listing.

Correct Answer
B

affiliated business arrangement.

An affiliated business arrangement (ABA) is a disclosure and arrangement under RESPA (the Real Estate Settlement Procedures Act) in which a settlement service provider refers business to a related entity in which they have an ownership interest, such as a broker referring clients to an affiliated title company; it has nothing to do with establishing a buyer-broker employment relationship.

C

cooperating broker arrangement.

A cooperating broker arrangement refers to the relationship between a listing broker and a buyer's broker who works cooperatively through the MLS system, typically involving the listing broker offering a cooperative compensation split; it is not the employment agreement between the buyer and their own broker.

D

controlled business arrangement.

A controlled business arrangement is an older term used interchangeably with affiliated business arrangement under RESPA, describing referral relationships between affiliated settlement service providers; it is not a buyer-broker employment agreement and does not establish the broker's right to negotiate a fee with the buyer.

Why is this correct?

A buyer's listing agreement — also called a buyer representation agreement or buyer-broker agreement — is the employment contract between a buyer and their broker that grants the broker the authority to represent the buyer and establishes the negotiated compensation terms. This agreement is the legal instrument through which the broker's fee is defined and made enforceable, giving the broker the contractual standing to negotiate their compensation directly with the buyer rather than relying on the listing broker's cooperative fee offer.

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