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I have this property in the Multi Listing Service (MLS). It state the cooperating commission is 5%. On the actual Lease we made a typo and placed 10% commission instead of 5% commission. The broker is not accepting this error and the Miami Association of Realtors is not accepting it either.

The Board of Real-estate says the commission on the MLS must serve as proof of commission split to cooperating broker if, the broker does not agree to pay the cooperating broker 5% additional.

My questions are... does having the property listed in the MLS protect the typo that was made? Does using the Residential Lease for Single Family Home or Duplex, have typo corrections allowed?

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  • If they did sue you, your evidence for it being a typo is (1) the prior MLS listing and (2) an industry expert who testifies that 10% is twice the usual commission (assuming 5% is the usual for your area and/or the owner). What will their evidence be that it's not a typo?
    – bdowling
    Commented Feb 24, 2022 at 7:39

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In the event of a dispute, the person resolving the matter, probably an arbitrator in the case of a commission dispute between two realtors and either an arbitrator or a judge and jury depending upon what your listing agreement says about that issue, would hear the testimony from both parties and decide.

The intent of the parties is supposed to govern in cases of clerical errors, but a signed document has a lot of weight, especially in such a prominent term.

It is a little hard from the way the question is posed to determine who is willing to correct the typo and who insists on enforcing the contract containing the typo.

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  • 3
    If it is a typo
    – Dale M ♦
    Commented Feb 24, 2022 at 21:23
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    In other words: Lawyer up.
    – Trish
    Commented Feb 25, 2022 at 6:00

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