Yes. A broker can share a fee with a principal in the form of a rebate, regardless of the principal's profession or license status. However, the broker is not required to do so. A rebate of part of the broker’s fee to a principal is a business decision made by the broker. If the broker elects to rebate a portion of their commission, the broker must comply with TREC rule 535.147(d).

In this case, since the rebate is going to a buyer who is not your client, you would need your client's written consent prior to paying the rebate, and the intention of paying the rebate would have to be fully disclosed to the lender, title company, and any government agency that might be involved in the transaction. Generally, a buyer's lender must approve of the buyer reciving the rebate, and whatever amount of money the lender does not approve cannot be paid.

No. The Real Estate License Act (TRELA) prohibits brokers from sharing fees received for services as a real estate agent with anyone not licensed as a real estate broker or salesperson in Texas or any other state. (See Section 1101.651, Occupations Code.) You would face disciplinary action for paying a cooperating commission to an attorney.

Although attorneys are exempt from the provisions of TRELA (see Section 1101.005, Occupations Code) and are permitted to represent clients in real estate transactions, attorneys must seek compensation for those services directly from one of the principals in a transaction.