Q: I’m a sales associate who recently switched brokers. Am I entitled to a commission on a listing that I procured and had under contract (but did not close) before I terminated my relationship with my former broker?
A: It depends. Generally, if your former broker does not pay you what you think you're entitled to be paid, your only recourse would be to file a civil lawsuit against your former broker. In determining your right to be paid, the court could consider the independent contractor agreement between the broker and the sales associate, if one exists. If no such agreement exists, or if the independent contractor agreement is silent on the issue of payment of commissions after termination, the court would consider other evidence, such as the broker’s office policy manual, verbal agreements between the broker and sales associate concerning commissions, and past business practices of the broker as well as what is customary in the industry.