Real Estate Brokerage Counterclaims, Arbitration, and Defense

At Lieb at Law, P.C., we represent national and regional brokerage companies facing counterclaims, arbitration disputes, and litigation. We know the rules, procedures, and strategies that protect brokers, agents, and teams when litigation exposure threatens commissions and careers.

Why Counterclaims Matter

When a broker pursues unpaid commissions or enforces a contract, it is common for the adversary to file counterclaims. If not handled strategically, these counterclaims can derail recovery and increase liability. Common counterclaims include:

  • Breach of fiduciary duty
  • Fraud or misrepresentation
  • Failure to supervise agents
  • Violation of the Fair Incentive for Agents Act (FIFA) or other compensation statutes
  • Employment misclassification of agents or teams

Where Brokerage Arbitration Happens

Brokerage agreements and membership obligations often require arbitration before boards or ADR providers such as:

  • National Association of REALTORS® (NAR) and affiliated local boards
  • Real Estate Board of New York (REBNY)
  • American Arbitration Association (AAA)
  • JAMS
  • New Era ADR

Each forum has its own procedures, deadlines, and evidentiary rules. Lieb at Law attorneys have worked extensively within these systems, leveraging procedural tools such as stays, motion practice, and counterclaim defenses to protect our clients.

Our Clients

Lieb at Law represents some of the largest brokerage companies in the nation as well as regional firms throughout New York. Our experience gives us a deep understanding of the business, regulatory, and reputational risks that come with counterclaims in brokerage disputes.

Frequently Asked Questions

  • Can a client counterclaim against my brokerage if I pursue unpaid commissions?
  • What defenses are effective against fiduciary duty or fraud counterclaims?
  • Which arbitration rules apply to my brokerage agreement?
  • How are disputes handled in NAR board arbitration compared to AAA or JAMS?
  • Can arbitration decisions affect my license or standing with regulators?
  • When should my brokerage consider settlement instead of fighting a counterclaim?

Explore more answers in our dedicated Brokerage FAQs.