Commission Instructions
Commission gets discussed early in a transaction, negotiated in the Commission Agreement, and referenced in listing paperwork, but none of that actually pays anyone until escrow has clear, specific commission instructions to work from. This is the document that turns all those earlier conversations into an actual, executable payment instruction at closing.
Why This Document Matters
Escrow doesn't guess at commission splits. They pay out exactly what they're instructed to pay, to exactly whom, in exactly the amounts specified. Commission Instructions are what tell escrow the total commission amount, how it's split between the listing brokerage and buyer's brokerage, and where each portion should be sent. Without clear instructions, or with instructions that don't match the underlying agreements, you get delayed disbursements and awkward conversations at the worst possible time.
This document matters most when a transaction has any complexity in its commission structure, referral fees, a split between multiple agents at the same brokerage, or a buyer covering part of the compensation directly per their BRBC. The more moving parts in the commission picture, the more important it is that escrow has precise, written instructions rather than assuming they'll figure it out from the listing agreement alone.
How It Works
As a transaction approaches closing, the listing brokerage typically provides escrow with commission instructions reflecting the agreed compensation structure. These instructions state the total commission, the percentage or dollar split between the listing side and buyer's side, and the specific payee information for each brokerage.
Escrow incorporates these instructions into the closing numbers, and the final commission disbursement shows up on the Final Settlement Statement as a debit against the seller's proceeds. If there's a referral fee involved, that also needs to be reflected clearly so escrow can cut a separate check or wire to the referring brokerage.
Key Sections Explained
Total Commission Amount states the full commission being paid on the transaction, whether expressed as a percentage of the sale price or a flat dollar figure.
Split Between Brokerages specifies exactly how much goes to the listing brokerage and how much goes to the buyer's brokerage. This needs to match what's documented in the listing agreement and the Commission Agreement between the cooperating brokers.
Payee Information gives escrow the exact legal name and payment details for each brokerage receiving funds, since a mismatch here can delay disbursement at the worst possible time, right at closing.
Referral Fees documents any portion of the commission being paid to a referring brokerage or agent, separate from the primary listing and buyer's side splits. This needs its own clear line so escrow doesn't miss it.
Common Mistakes to Avoid
Submitting commission instructions that don't match the underlying Commission Agreement or listing agreement creates a discrepancy escrow has to flag and resolve, often at the last minute before closing.
Forgetting to include a referral fee in the instructions means escrow won't know to cut that payment, leaving the referring party unpaid until someone catches the error.
Using outdated payee information, an old brokerage name after an agent's changed firms, or incorrect banking details, can delay disbursement even after everything else about the closing is ready to go.
Submitting instructions too close to closing doesn't give escrow enough time to catch and resolve any discrepancies before funds need to move.
Pro Tips from a TC
Submit commission instructions to escrow well ahead of the scheduled closing date, not the day before, so there's time to catch and fix any mismatches with the underlying agreements.
Double-check the instructions against your Commission Agreement and listing agreement line by line before sending them to escrow. This is a five-minute check that prevents a much longer conversation at closing.
If a referral fee is involved, confirm the referring brokerage's exact payment details early, since chasing down correct banking information at the last minute is a common source of closing delays.
Keep a copy of the submitted instructions in your transaction file so you can quickly compare them against the Final Settlement Statement when it comes through.
Related Documents
- Commission Agreement (CBC) - the underlying agreement these instructions execute
- Final Settlement Statement - shows the actual commission disbursement at closing
- Escrow Instructions - the broader set of instructions this commission detail feeds into
- Residential Listing Agreement (RLA) - where the original commission terms are established
Frequently Asked Questions
Q: Who is responsible for submitting Commission Instructions to escrow?
Typically the listing brokerage submits commission instructions, since they're usually the party managing the overall commission structure and any referral arrangements. In some transactions, both brokerages coordinate to confirm the instructions are accurate before they go to escrow.
Q: What happens if Commission Instructions don't match the Commission Agreement?
Escrow will typically flag the discrepancy and require clarification before disbursing funds, which can delay closing if it's caught late. This is why cross-referencing the instructions against the underlying agreement before submission matters, so the mismatch gets caught and fixed well before closing day.
Q: Can Commission Instructions be changed after they're submitted to escrow?
Yes, but it requires updated written instructions from the party who submitted the original ones, and escrow will need time to process the change before closing. Last-minute changes to commission instructions are one of the more common sources of closing delays, so get instructions right the first time whenever possible.
Learn About Other Documents
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