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Buying & Selling a Business

Can I go around my broker and negotiate directly with a buyer they introduced?

TSL Written by the Treadstone Law team· Updated August 2026

You can have direct conversations with a buyer, but doing so to avoid your broker's involvement — or to avoid commission on a sale to a buyer they introduced — is a different matter and can put you in breach of your listing agreement. Most agreements are written so that commission attaches to any sale to a buyer the broker introduced during the listing term, regardless of who conducts the actual negotiation or how the final deal is structured, precisely to prevent sellers from cutting the broker out once a promising buyer has been identified.

If you're frustrated with how the broker is handling negotiations and want more direct involvement, raise that with the broker rather than working around them quietly — many will accommodate a seller who wants to be more hands-on, especially on price and key terms, while still fulfilling the agreement. Trying to route around the broker entirely with a buyer they found is likely to create a commission dispute later, even if the broker never finds out until closing. A Treadstone business lawyer can advise on what your specific agreement allows before you take that approach.

Key takeaways

  • Commission generally attaches to a broker-introduced buyer regardless of who negotiates the deal.
  • Working around the broker to avoid commission risks a dispute even if it isn't discovered until closing.
  • Ask the broker directly for more involvement in negotiations rather than bypassing them.
  • Review the agreement's exact terms before assuming a direct negotiation avoids commission.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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