Direct Talks Between Buyers & Sellers: How to Protect Your Commission
The agent’s traditional role is to be the middleman—managing expectations, facilitating communication, and buffering negotiations. This system is crucial because it keeps emotions in check and ensures discussions remain professional and focused.
But what happens when the buyer and seller want to talk directly? Should you allow it?
Yes, you can—but only if you have strict professional boundaries and your commission is legally protected.
Why the Middleman is Essential
Negotiation is more than just swapping numbers; it involves positioning, psychology, and timing. When you act as the buffer:
- You protect your client from making an impulsive or emotional statement.
- You can negotiate strategically without showing desperation.
- You maintain control over the process and ensure fair representation.
In short, your role as the middleman gives everyone the leverage needed to achieve a better outcome.
When to Step Back (and Not Block)
Sometimes, direct communication naturally occurs, especially if:
- The parties already know each other.
- The buyer insists on speaking directly for transparency.
- They meet and hit it off during a viewing.
- The seller wants to speed up the acceptance process.
In these situations, forcing separation can feel unnatural and may even backfire. Instead of blocking direct talks, your job is to manage them professionally.
Your Checklist: Protecting Your Interests
Allowing direct communication does not mean losing control of the deal. You remain in charge by ensuring your legal and professional grounds are airtight.
- 1. Secure Your Agency Agreement
Ensure you have a valid, written Appointment Letter or Agency Agreement. Even if it’s a simple one-page letter, it must clearly state that you introduced or facilitated the deal. This is your primary legal basis to claim your commission upon completion. - 2. Get Signed Acknowledgement
When the buyer and seller decide to negotiate directly, have them sign a simple Acknowledgement Letter confirming two things:
You facilitated the introduction to the property.
Your commission entitlement remains unchanged, and you are the recognized agent handling the transaction. - 3. Stay Visible and In the Loop
Maintain polite, professional follow-up with both parties. Ask to be copied in on any official offers or major discussion updates. Your professionalism and continuous presence serve as a constant reminder that you are still the essential party finalizing the transaction—without disrupting their direct negotiation flow. - 4. Follow Through Until Completion
Even if you weren't part of every conversation, make sure you handle or verify all critical, transactional steps: booking forms, formal offer letters, Sale & Purchase Agreement (SPA) follow-up, and financial compliance. When the deal closes, your clear documentation allows you to rightfully claim your fee.
Clarity is the Goal, Not Control
The fear many new agents have is losing control when principals talk directly. But the truth is, control isn’t the goal; clarity is.
As long as your role is acknowledged and your paperwork is in order, direct communication does not threaten you. It can often speed up the closing process because both parties feel transparent and empowered.
Your professional responsibility is not to block interaction—it’s to ensure the professional, legal structure remains intact and ready for the final transaction.
Final Thought
Real estate is built on trust and efficient service. If both parties want to negotiate directly, let them—just ensure your agency rights are documented, your involvement is visible, and your commission is protected. Smart agents don’t fear transparency; they manage it professionally.
