How does the process of leaving one brokerage company for another work?Can a broker prevent it?

Asked by Irina, Miami, FL Tue May 29, 2012

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inna ivchenko, Agent, Calabasas, CA
Fri Jan 4, 2013
An agent can change broker any time. I doubt that a broker can force an agent to stay, yet they can offer better terms and the agent would reconsider leaving. Important thing to remember: your listings usually stay with an original broker. Dah! Real estate contract law 101 … Your broker owns the listings not you( try to negotiate anyway, you can get some, I did).
Plan ahead, think about pros and cons.
Good luck!
3 votes
Not if you work for Keller Williams, Dah! You take them when you leave unless they are under contract. Even then you will get a percentage of the commission.
Flag Fri Sep 29, 2017
What if the brokerage had you sign a one year contract with a brokerage
Flag Sun Jan 17, 2016
what if i represent buyer and want to change broker will escrow goes with me to another company?
Flag Fri Nov 13, 2015
thank you! I dont have any listings, but pending closing (buyer agent)... do you where will commission check go?|
Flag Fri Jan 4, 2013
Danielle Sha…, Agent, Cape Coral, FL
Tue May 29, 2012
Changing brokerages isn't difficult - it's just a matter of paperwork. The harder part is dealing with who retains listings and whether or not the broker will require a referral fee. Those items would be outlined in your independent contractor agreement between you and your broker.

A broker cannot prevent an agent from leaving and why would you want to? If someone isn't happy it doesn't make sense to try to make them stay nor would it be good for office morale. Businesses change over time and what agents need/want changes too.
3 votes
Annette Law…, Agent, Palm Harbor, FL
Tue May 29, 2012
Be very, very careful.
If you have elected to use all the resources of your brokerage it is very likely all your contacts reside in the brokers CRM. IF your business cards, websites, info-lines and business phone number point to the brokers office you will be OUT OF BUSINESS THE DAY YOU SWITCH-- if you have not prepared properly.

No, it is not as simple as reviewing your contract with the broker and making the switch. Inquire about the transition assistance provided by the destination broker. You will have about two months of work to prepare for the switch. Don't forget about those signs you will need to replace also.

It is unlikely your current broker will create obstacles to the change. However, the devil is in the details. The broker needs only to fulfill the contract. What happens to your business has not and will not be their concern.

Best of success with the changes coming your way.
2 votes
thats not true at all, i did it last week and it took an hour and a half... its a very easy process!! Go do it!
Flag Sat Sep 10, 2016
Kelly Roland, Agent, Bakersfield, CA
Sat Feb 18, 2017
I want to switch brokerages, my current broker is aware, and I have his blessing. He is willing to let me take my one listing that is in escrow with me. Since it is in escrow, how do I transfer, meaning, what form do I use, or is as simple as an addendum that my broker will sign releasing the listing etc. I am mostly a buyers agent, and love it. Where I am going, will give me a much better opportunity as I will be a senior buyers agent for one of the most top producing agents in town.
1 vote
If you were let go as an agent could you work for another realty company.
Flag Sat Jun 3, 2017
cesar Alvarez, Agent, coral gables, FL
Wed Aug 10, 2016
I have several contracts right now, including my lisitng. if I want to change brokerage, what wil happen wit all this pending contracts?
1 vote
They belong to the brokerage... not you. So you will be at the mercy of your DB.
Flag Fri Oct 28, 2016
Steve Hula, Agent, Clarksville, AR
Tue Nov 3, 2015
Turn your licnese and pocekt card over yo your old broker. In most states the agent is required to fill out a "REAL ESTATE LICENSE-TRANSFER FORM" supplied by your local real estate commission, fill it out and have it signed by a broker at the company you are transferring to and then mail or fax to the real estate commission. This form acts as a 30 day temporary licnese. Fee is about $30. Your terminating broker is responsible for signing and returning your license and pocket card. Your listings belong to your old broker.
1 vote
Transfer notice must also be received by the RE Comm before process is complete.
Flag Tue Nov 3, 2015
Kawain Payne, Agent, Seal Beach, CA
Wed Oct 30, 2013
You are FREE to move your lic from one broker to the next without any hassle.

Much Success to You!!!

Kawain Payne, Realtor
1 vote
Arleen Simon…, Agent, Miami, FL
Tue May 29, 2012
No, your broker cannot prevent it. Your listings may stay with him or not depending on the agency. Usually you pick another agency and just let the Miami/Dade Board know. Your new
agency should guide you through the process but it is easy.....breezy..........Good luck!
1 vote
Andre8752, Home Buyer, Miami, FL
Sat Jun 3, 2017
if you were let go as a realtor could you go to another realty company.
0 votes
Yes you can interview at other brokerages. However, you will need to explain what happened at your previous brokerage and remember, the Office Managers or Brokers know each other. If you violated a Fair Housing law, most brokers will not hire you.
Flag Sat Jun 3, 2017
Andre8752, Home Buyer, Miami, FL
Sat Jun 3, 2017
if you were let go as a realtor could you go to another realty company.
0 votes
Andre8752, Home Buyer, Miami, FL
Sat Jun 3, 2017
if a realtor was let go could you work for another company.
0 votes
Scott Godzyk, Agent, Manchester, NH
Mon May 1, 2017
Most likely no. You need to refer to the contract you signed when you joined them as to what happens to pending sales when you leave. Some give you your agreed to commission, some half and some none. You need to refer to your contrct
0 votes
It seems my Realtor was let go. Listing of my property suddenly vanished after being on line for two days. Also I waited a week before it even went on line (in spite of promises) -- how do I quickly switch to someone who will give me the care I am paying for?
Flag Wed Jun 21, 2017
Beena, Home Buyer, Miami, FL
Sun Apr 30, 2017
i am a buyers agent. i have 2 closings in the works. I want to switch my broker . can my new broker get the 2 closings
0 votes
Feanekhomes, Home Buyer, Miami, FL
Mon Jan 16, 2017
I have recently switched brokerages and am on a team. I let my team lead know that I was leaving and she said that she would speak to our manager concerning my listings and let me know what to do next. I received an email that day stating where to turn my keys in and also that the office manager said I could take my 3 listings so to move forward by having my sellers sign a teemintaion paper. Also want to mention I have my own personal property up.

I did what I was told and had things signed and sent to the broker, manger and team lead for release.

The broker emailed me back stating I was not to take my listings and that those who advised me did not have the right to and that it was against the law to do so.

I'm confused. I did print the email off for proof as to what I was told.

WhAt can I do? I'm very upset and was trying to do what I thought the company wanted.
0 votes
Lgratliff, Home Buyer, Hilton Head Island, SC
Mon Sep 7, 2015
My Broker is a horrible person that cusses me out daily. I'm ready to make a switch to a new broker.
If I already have negotiated contracts and waiting for them to close. Will I still get my commission for those?
0 votes
Ptsiobanos, Home Buyer, New York, NY
Sun Feb 8, 2015
I have recently switched broker and have a deal closing with my previous broker next week. Will I still get paid the commissions that are owed to me seeing I have worked the deal from start to finish or will they try to hold them because I am no longer under there umbrella?
0 votes
Judi Monday,…, Agent, Green Valley, AZ
Wed Oct 30, 2013
The actual act of leaving is quite simple. And no, a broker cannot prevent you from leaving. Read your contract and make sure you understand what happens to any deals in escrow when you leave. Your listings belong to the Broker but in most cases the clients will want to stay with you. Most brokerages will work with you to make sure that happens. Be sure you have planned ahead and have everything figured out before you make the switch.
0 votes
Torgau Elben…, Home Buyer, Miami, FL
Wed Oct 30, 2013
How does it affect me as a seller? I signed a contract with a brokerage, now my agent tells me I have to delist and sign a new contract, because she's switching agencies. Is that in MY best interest as a seller?
0 votes
Most likely, yes. Because you already have a relationship/rapport established with this agent, it is probably better to sign a new contract with a new brokerage than to be reassigned to random agent within the original brokerage.
Flag Wed Nov 30, 2016
Yanoska Diaz, Agent, Miami, FL
Sat Jan 12, 2013
Your current listings are indeed the Broker's, therefore if you have any properties listed or pending sale your Broker may not release them.
0 votes
Ann Ryan, Agent, Doral, FL
Fri Jan 11, 2013

To me, the only reasons to leave a brokerage would be terms or conditions.

Are the terms bad (commission %, time until you receive commission, fees)?

Or are the conditions bad (office, floor hours, personality factors)?

In either case, before you leave your current broker, you better make sure that the terms and conditions will be better with the new broker!
0 votes
Dorene Slavi…, Agent, Torrance, CA
Thu Jan 10, 2013
Dear Irina,
No your broker cannot "prevent" you from making a business decision such as moving to another brokerage. You should check your contract to make sure you understand what your duties and responsibilities are to the franchise. As a courtesy I would inform the broker after I have made the decision and then it's a simple process of moving your license over to the new offices.
0 votes
what about the errors and omissions insurance does this have to be paid again to new broker?
Flag Thu Jan 12, 2017
Judi Monday,…, Agent, Green Valley, AZ
Fri Jan 4, 2013
While a broker cannot prevent you from leaving they can make it painful to do so if you have pending commissions--if you do, be sure to read your contract carefully so you understand exactly how those commissions will be paid if you have changed brokerages.
0 votes
Valentina Na…, Agent, Kissimmee, FL
Thu Jan 3, 2013
Could anybody advise me on it.. I have pending closing and if i switch my broker, how the commission will be paid?
0 votes
Roy Barker Jr…, Agent, Pompano Beach, FL
Mon Jun 4, 2012
HI Irina,

Your broker can not prevent you leaving to work for another brokerage. It is a simple process. Your broker however is entitled to the clients that you have as technically the clients are thier clients not yours. Unless your broker gives you permission to take the clients, you can not take them without written consent by the existing broker.

The Board can help you if you run into issues.
0 votes
Yolanda Pyle, Agent, Lake Wales, FL
Tue May 29, 2012
No, your broker cannot prevent you from leaving. Your listings do belong to the broker. Your new brokerage will be able to get your paperwork transferred with no difficulty. Good Luck!
0 votes
Maggie Hawk, Agent, New Smyrna Beach, FL
Tue May 29, 2012

I've been in real estate in Florida for 20 years, and I've never heard of this happening. The agent is an independent contractor, and, as such, is free to work for whatever brokerage company they want.

However, that being said, the agent's listings belong to the broker. If your relationship with your broker is a cordial one, you can probably work something out as to which business stays with the broker and which goes with you. Good luck.
0 votes
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