We have recently experienced situations in which the Listing Broker states the following in the MLS, "Reduction of commission by lender to be split 50/50 between the selling and listing brokers".   In these cases the Listing Broker is typically entering 2.5% as the offer of compensation.

If you see this remark you MUST contact the Listing Broker to determine the actual original Listing Broker's Commission.  Here's why: assumption,the original Listing Commission was 6% and the MLS offer to the Cooperating Broker is 2.5%.  In this case, the Listing Broker is keeping 3.5%.  Should the Lender reduce to 5% the total commission allowed, the 1% reduction must be shared equally as presented in the above disclosure statement.  Therefore, the Cooperating Broker will only receive 2%.

Let me take this one step further: original Listing Comission is 10% and the Offer to Cooperating Brokers is still 2.5%.  Short Sale Lender reduces to 5%.  That equals a 5% reduction to be shared equally as disclosed.  In this case, the Cooperating Broker gets ZERO. 

Smart Brokers will almost always attempt to use a Buyer's Broker Agreement in order to secure a minimum level of compensation.

Be alert and if this is the languange contained in the MLS you should obtain a confirmation of what the original Listing Commission is and get it in writing.  There's not any requirement that the Listing Broker make this disclosure.  Therfore, if they refuse I would recommend a Buyer's Broker Contract be employed or do not attempt to sell the property.