A multiple listing service is not just a detailed list of properties that are for sale. Each brokerage that subscribes to an MLS promises to follow all MLS rules, including the rule that requires each subscribing brokerage to pay the Buyer’s Agent’s Commission to the brokerage whose agent is the procuring cause of a transaction. That promise is only enforceable by MLS subscribers, and it is the reason that the BAC means something. If a property is not listed on an MLS, a buyer’s agent should contact the seller’s agent to find out what the buyer’s agent’s commission would be if the agent is the procuring cause of a sale. If the amount is acceptable, the agents should enter into a written contract describing their agreement, because an oral agreement about a real estate commission is not enforceable in Oregon.
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