If the agent's commission is set higher in the seller agreement than in the buyer representation agreement, which would be used?

When evaluating which agreement governs the agent's commission, the seller agreement takes precedence in this situation because it explicitly outlines the terms related to the seller's obligations, including commission rates. The seller is the party that hires the agent to market and sell their property, typically agreeing to pay a certain commission when the property is sold. Since the seller's agreement sets a higher commission, this is the agreement that would be utilized for determining the commission due upon sale.

In most real estate transactions, the seller compensates the agent for their services, typically calculated as a percentage of the sale price. Even if a buyer representation agreement exists, which may stipulate a different, often lower commission, the terms of the seller's agreement will dictate what the agent is entitled to receive from the seller upon a successful sale. This highlights the importance of the contractual obligations laid out in the seller agreement in guiding the agent's commission.