Are you required to put the brokers commission on the BUYER closing disclosure if the buyer is not paying the commission (seller pays commission)?

All closing cost fees paid by the seller must appear on Page 2 of the buyer's CD. Only information on Page 3 can be segregated between the buyer and seller.

can you clarify - brokers commission considered a closing costs / fee?

Where in the reg can I check this out.

38(g)(4) Other.

1. Costs disclosed. The costs disclosed under § 1026.38(g)(4) include all real estate brokerage fees, homeowner’s or condominium association charges paid at consummation, home warranties, inspection fees, and other fees that are part of the real estate closing but not required by the creditor or not disclosed elsewhere under § 1026.38.


What you can separate between the buyer and seller?

38(t)(5)(v) Separation of consumer and seller information and commentary.

Back to your first question -- If the seller is paying the commission it appears on the buyer's and seller's closing disclosures. On the buyer's CloD, it appears in a seller-paid column in Section H on page 2.