Real Estate Brokerage Law

Litigation, Regulatory Defense, and Strategic Advisory for Brokerages, Teams, and Individual Agents

Lieb at Law represents national real estate brokerage companies, regional firms across New York, New Jersey, Connecticut, and Colorado as well as individual licensed agents. Our attorneys offer litigation and regulatory counsel, including NAR / REBNY ethics / arbitrations, in all aspects of brokerage operations and serve as designated counsel for many brokerage disputes through their insurance carriers, including under errors and omissions (E&O), general commercial liability (GCL), employment practices liability insurance (EPLI), and risk policy coverage.

Litigation & Regulatory Defense

  • ✔ Anti-Competitive Practices (including antitrust and steering claims)
  • ✔ Breach of Fiduciary Duty
  • ✔ Commission Disputes and Affidavits of Entitlement
  • ✔ Fair Housing and Discrimination Lawsuits
  • ✔ False Advertising
  • ✔ Fraud and Fraudulent Inducement
  • ✔ License Law Violations and Administrative Complaints
  • ✔ Ethics Complaints (DOS, NAR, REBNY, MLS, RLS)
  • ✔ Independent Contractor Misclassification Claims
  • ✔ Freelance Isn’t Free Act Litigation
  • ✔ Wage & Hour Litigation
  • ✔ Brokerage Liability and Risk Allocation Disputes
  • ✔ Arbitration, Mediation, and Enforcement Proceedings

Brokerage Policies & Agreements

We draft internal policies, independent contractor agreements, advertising guidelines, anti-discrimination protocols, team structures, and compensation procedures. Our work helps clients reduce exposure while remaining fully compliant with real estate license law and employment classifications.

Expert Witness Support

Managing Partner Andrew Lieb serves as an expert witness in brokerage litigation, providing expert reports, deposition testimony, and trial support. He has been recognized in commission litigation, fiduciary duty claims, licensing actions, and regulatory enforcement matters.

Continuing Education with Lieb School

Lieb at Law partners with Lieb School, our affiliate education platform, to offer continuing education on legal issues relevant to brokerage professionals. Course topics include commission enforcement, DOS complaint defense, fair housing, and ethics compliance.

Frequently Asked Questions

Do you represent individual agents or only brokerages?

Lieb at Law represents both individual licensees and firms. This includes regulatory complaints, commission disputes, ethics hearings, and private litigation.

What types of ethics complaints do you handle?

Lieb at Law defends against ethics complaints filed with the NY Department of State, NAR, REBNY, MLS, and RLS. We also handle ethics enforcement hearings, appeals, and internal investigations.

Can you draft internal policies and legal documents for my brokerage?

Yes. Lieb at Law creates comprehensive internal documents including brokerage policies, independent contractor agreements, compensation protocols, advertising policies, and team structures tailored to your business model.

What if our firm is sued for discrimination or misclassification?

Lieb at Law defends brokerages in discrimination lawsuits filed under state and federal law. We also defend against misclassification claims, including Freelance Isn’t Free Act actions and wage disputes.

Do you represent brokerages in arbitration and mediation?

Yes. Lieb at Law handles arbitrations related to commission disputes, team breakups, and contract enforcement. We represent parties at all stages, including hearing preparation and enforcement of awards.

Can I act as my own broker when purchasing a property and collect a buyer’s broker commission in NY?

Yes, under New York law you may act as your own broker when purchasing real estate, and secure a commission, but there are several important considerations.

First, you do not need to be a member of REBNY or NAR to earn a commission. In fact, REBNY and NAR have expressly stepped out of the commission enforcement role following the Sitzer/Burnett v. NAR litigation and the March/Friedman v. REBNY litigation. That said, there is no longer an automatic right to commission simply by being a licensed real estate broker. Instead, you must confirm whether the seller (or the seller’s listing broker) is offering a buyer-side commission. If not, you may need to “gross up” your offer to include the amount of the commission you expect to earn. Either way, a party to the transaction can share commission pursuant to RPL 442(2).

The antitrust lawsuits removed the centralized practice of posting cooperative commission offers on MLS/RLS systems, but they did not prohibit private commission arrangements. Many listing agreements still authorize listing brokers to offer compensation to buyer brokers. When representing a third party, note that any commission paid by the listing broker cannot exceed the amount stated in your buyer-broker agreement, if you are a real estate licensee.

You do not need to sign a REBNY or NAR co-brokerage agreement to participate in a transaction and you do not need to associate with another brokerage firm solely to collect a commission if you are a party to a transaction.

For reference about REBNY & NAR being out of the commission game, see:

Practice Tip: As brokerage counsel, Lieb at Law strongly advises reviewing the specific listing agreement and, if applicable, the settlement documentation of the listing broker to determine what commission terms govern your deal. For smaller brokerages that have not issued their own settlement forms, the default terms from Sitzer/Burnett typically apply. Keep in mind that REBNY litigation is ongoing and not at final disposition, so these rules may continue to evolve. Updated September 2025.

Protect Your Brokerage. Get Legal Guidance Now.

Whether you're facing a legal issue or want to proactively reduce liability, Lieb at Law, P.C. is here to support your business and license.