What is the legal implication of an agent working without a written agreement for commission?

An agent working without a written agreement for commission typically cannot collect commissions because, in the absence of a written contract, it is difficult to establish the specific terms of the compensation for services rendered. In most real estate scenarios and many agency relationships, written agreements are essential to define the terms of engagement, including payment structures, responsibilities, and rights. Without this documentation, the agent lacks the necessary basis to enforce a claim for commissions, as there is no formal acknowledgment of the duty to compensate.

While there may be some exceptions or specific circumstances under which implied agreements might be recognized, the default position under North Carolina law is that an absence of a written agreement often negates the ability to claim commissions. An agent might have a harder time proving the nature of the services provided and the expectation of commission without any formal documentation outlining those details.