Guide

How to ask the notario to make sure commissions are paid

In Mexico the sale is signed before a notario público, and that is the best moment to make sure every agent gets paid what was agreed. The notario does not decide commissions — but if the seller asks in writing and the paperwork is ready, the payment can be handled at the signing, from the sale proceeds.

  1. Put every commission in writing before the offer. The listing agent needs a signed intermediation contract with the seller (commission % and who pays). If another agent brings the buyer, both agents sign a co-broke agreement — on Multilistado it is the agreement you sign in your portal, with a public verification code.
  2. Include it in the promesa de compraventa. Ask that the purchase agreement state that the seller will pay the commissions on the day of the escritura, and name the agents.
  3. The seller tells the notario early. When the seller sends documents to the notaría, they should say in writing (a short email or letter is enough) that the commissions must be paid at the signing, and attach the commission agreements.
  4. Each agent sends their invoice and bank details. Invoice (CFDI) addressed to whoever pays, the CLABE, and the agent's state license folio. In Baja California the notario must verify the agents' licenses before signing (law art. 6), so send the folio up front.
  5. Ask that the commissions appear in the closing statement. Before the signing date, ask the notaría for the settlement/closing statement and check that each commission is listed with the right amount and beneficiary. If an escrow is used, the same goes in the escrow disbursement instructions signed by seller and buyer.
  6. Confirm the transfers the same day. Ask for the transfer receipts at the signing. On Multilistado, the co-op agent marks the agreement as "paid" — fulfilled agreements show on each agent's public profile.
  7. If it was not paid. Open a dispute on the agreement and file a complaint with the agent's association (for AMPI members, the Honor y Justicia commission). Commission disputes between agents are handled by the associations and the courts, not by the state. Complaints →
Every notaría works a little differently: ask yours early how they prefer to receive the instruction and invoices. This guide is informational, not legal advice.