TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Buying & Selling a Business/Am I still on the hook for…
Buying & Selling a Business

Am I still on the hook for commission if I find my own buyer?

TSL Written by the Treadstone Law team· Updated August 2026

Possibly, and this is one of the most commonly misunderstood parts of a listing agreement. Many agreements are exclusive, meaning the broker is entitled to commission on any sale that closes during the listing term — including one you arranged yourself — unless the agreement specifically excludes buyers you introduce independently. Some sellers assume that finding their own buyer automatically avoids the fee; the agreement's actual wording is what controls, not that assumption.

If commission on self-found buyers matters to you, it needs to be addressed before you sign, not after you've already found someone. A carve-out clause can specify that buyers you name up front, or introduce entirely outside the broker's efforts, are excluded from commission, sometimes at a reduced rate rather than a full exclusion. Once you've signed without that language, retroactively arguing you shouldn't owe commission is a much harder position, and disputes over "who actually caused the sale" are common when a self-found buyer overlaps with the broker's own marketing efforts. Have a Treadstone business lawyer review your existing agreement, or negotiate this term before you sign a new one.

Key takeaways

  • Exclusive listing agreements can capture buyers you find yourself unless specifically carved out.
  • The agreement's wording controls, not a general assumption about "your own" buyer.
  • Any carve-out for self-introduced buyers should be negotiated before signing.
  • Disputes often arise when it's unclear who actually caused the sale.
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.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →