Protecting Real Estate Brokers in Commission Disputes and Counterclaims

At Lieb at Law, P.C., we represent brokers, agents, and teams when commission payments are challenged or when legal disputes escalate into counterclaims. We combine litigation strategy with brokerage industry knowledge to protect your revenue, license, and reputation.

Commission Disputes

Commission disputes arise from failed transactions, team splits, and refusals to honor brokerage agreements. Our attorneys enforce commission provisions and recover compensation through litigation or alternative dispute resolution when required by contract.

  • Contract enforcement for listing and buyer brokerage agreements
  • Team and referral fee disputes
  • Procuring cause controversies
  • Post-termination and post-team split claims

Counterclaims Against Brokers

When a brokerage pursues unpaid commissions, adversaries often respond with counterclaims to avoid payment or shift liability. We evaluate the strength of these claims, raise procedural and substantive defenses, and align strategy with your business goals.

  • Breach of fiduciary duty
  • Fraud or misrepresentation
  • Failure to supervise agents
  • Violation of compensation statutes such as FIFA
  • Misclassification of agents as independent contractors

Where These Disputes Are Decided

Commission Disputes

Commission disputes are typically resolved in court or before arbitration providers named in brokerage agreements, including:

  • American Arbitration Association (AAA)
  • JAMS
  • New Era ADR

Board Proceedings

Local and national boards generally address ethics and member disputes under their own rules, such as:

  • National Association of REALTORS® (NAR) and affiliated local boards
  • Real Estate Board of New York (REBNY)

Our team has extensive experience across both settings and uses forum-specific procedures, deadlines, and evidentiary rules to your advantage.

Our Clients

Lieb at Law represents some of the largest brokerage companies in the nation as well as regional firms throughout New York. We align legal strategy with business operations and regulatory obligations to manage risk and drive results.

Frequently Asked Questions

  • Can a client counterclaim if my brokerage sues for unpaid commissions?
  • What defenses are effective against fiduciary duty or fraud counterclaims?
  • Which arbitration providers handle commission disputes under my agreement?
  • What kinds of matters do NAR or REBNY boards actually decide?
  • Can a board or arbitration decision impact my license or regulatory standing?
  • When is settlement better than continued litigation?

See more answers in our Brokerage FAQs.