FACTS: Broker “A’s” agent transferred to a new broker “B.”  At the time that the agent transferred, the agent had earned a commission with Broker “A” on a pending transaction.   

ISSUE: May Broker “A” pay the commission to the agent at close of escrow of the pending transaction? 

ANSWER: Yes.

DISCUSSION:

Pursuant to the Arizona Department of Real Estate Substantive Policy Statement No. 2005.08:  “[w]hen a real estate licensee has rightfully earned a commission while in the employ of a broker, and in accordance with their agreement, that broker may pay the licensee, even though the licensee may have left the employ of that broker.”