Broker Fee ($195), Escrow Instructions & Additional Terms

RPA — Pages 7-8-9

Contract — Pages 7-8-9: Broker Fee, Escrow & Additional Terms

The SG $195 Broker Transaction Fee, fully-executed document rule, and Additional Terms strategy.

Section 22 — BROKER’S COMPENSATION / FEES: Seller pays Listing Broker and Buyer’s Broker per Section 2. Buyer’s Broker is a third-party beneficiary — if Seller defaults, Buyer’s Broker can pursue legal recourse against Seller for commission.

Line 57 — Buyer “Will” or “Will Not” pay Buyer’s Broker additional compensation. In SG’s case, checking off “Buyer Will” pertains to our Doc Storage Admin Fee of $195.

You MUST disclose the $195 fee in the Additional Terms section (Page 9, Section 30).
Why this matters

The $195 Broker Transaction Fee is SG’s doc storage admin fee — failing to disclose it in Additional Terms creates a contract law issue and can be challenged at close. Disclosure protects the brokerage.

Section 28 — ESCROW Instructions / UNCLAIMED FUNDS: The terms by which Title and Escrow process the deal, and what happens to EMD if either party defaults.

Title and Escrow require FULLY EXECUTED documents to perform a transaction: RPA, Counters, Addendums. No exceptions.
A Fully Executed Cancellation is required for Title/Escrow to release earnest money. No fully-executed cancel = no EMD release.
Why this matters

Title and Escrow process from signed documents. A counter without all signatures is just a draft. If you’re chasing the close, the first thing to verify is full execution on every doc in the file.

Section 29 — ADDENDUM/ADDENDA ATTACHED: List any addenda attached (Counter Offers, Wire Fraud Notice, Lead-Based Paint, etc.).

Section 30 — ADDITIONAL TERMS: Where you negotiate, clarify, or further protect your buyer within the contract.

Required SG Verbiage — “BUYER AGREES TO PAY SCOFIELD GROUP, LLC $195 BROKER TRANSACTION FEE AT SUCCESSFUL CLOSE OF ESCROW”
DO NOT restate items already in the contract. Restating creates contradictions.

Use Additional Terms for: Leaseback clarification when listing mentions it. ALL CONDO PURCHASES (FINANCED) MUST have the condo cert verbiage:

“Buyer and Seller agree that if at any time Lender cannot obtain (if FHA put FHA in front) Condo Cert Questionnaire Approval, then Buyers Earnest Money to be refunded back to the buyer.”
Why this matters

Additional Terms is for clarifying or strengthening the buyer’s position — not for restating what’s already in the contract. Restating creates ambiguity that the other side can exploit. The condo cert language protects the buyer’s EMD if the HOA fails lender approval.

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