Real Estate Broker Commission Disputes

Real Estate Broker Commission Dispute Attorneys: Protecting Your Right to Fair Compensation in New York

Real estate brokers play a critical role in facilitating successful property transactions in New York. But when commission payments are delayed, reduced, or wrongfully withheld, disputes can quickly arise—jeopardizing your livelihood and professional reputation.

At Held & Hines LLP, we represent real estate brokers, agents, and firms in commission-related disputes throughout New York City and the state. Whether you are owed a fee, facing a challenge to your commission, or defending against a claim, our experienced litigation attorneys will work swiftly to protect your financial interests and enforce your rights under New York law.

Common Causes of Commission Disputes in New York Real Estate

Commission disputes often result from misunderstandings, unclear contracts, or clients attempting to avoid payment after a sale is complete. These disputes can involve both residential and commercial real estate transactions.

Common Commission Disputes Include

Disagreements over whether the broker was the “procuring cause” of the sale
Disputes about dual agency and disclosure obligations
Commission splitting between multiple brokers or agents
Lack of written agreement or unclear terms in listing agreements
Clients backing out or trying to avoid paying after a deal closes
Claims of broker misconduct or failure to meet licensing requirements

At Held & Hines LLP, we carefully examine contracts, timelines, communications, and state law to determine whether a commission is enforceable and defend or pursue your rights accordingly.

Procuring Cause: A Key Factor in Broker Commission Rights

Under New York real estate law, to be entitled to a commission, the broker must typically prove that they were the “procuring cause” of the sale. This means that the broker initiated and carried forward a chain of events that directly led to the final transaction.

Even if the broker wasn’t present at the closing or didn’t draft the contract, they may still be entitled to a commission if they set the transaction in motion. Disputes often arise when another party intervenes late in the process or when a buyer and seller complete the deal independently after the broker’s involvement.

Our attorneys understand the intricacies of the “procuring cause” standard and have successfully handled cases both for and against brokers on this basis.

The Importance of Written Agreements

Real estate brokers and agents must comply with the New York Real Property Law, which requires a written agreement to claim a commission in most residential and commercial transactions. Standard forms include exclusive right-to-sell or exclusive agency agreements.

Without a clear written agreement, it can be extremely difficult to enforce your right to payment. Held & Hines LLP helps brokers create enforceable contracts—and when a dispute arises, we use those documents to build a strong legal argument in your favor.

Defending Against Commission Claims

In some cases, property owners or buyers may be wrongfully accused of owing commission. Common defenses include:

The broker was not licensed at the time of the transaction
The broker failed to perform key obligations under the agreement
The broker was not the procuring cause of the sale
No written agreement existed as required by law
The commission amount was unclear or not agreed upon

Our attorneys defend clients in commission disputes by scrutinizing contracts, communication records, licensing compliance, and all related facts to build a solid defense.

Speak with a New York Real Estate Commission Dispute Attorney

Whether you are a broker seeking the commission you’ve earned or a property owner defending against a claim, the attorneys at Held & Hines LLP are here to help. We represent real estate professionals and clients across New York, including Manhattan, Brooklyn, Queens, the Bronx, and Long Island.

With years of experience handling complex business and real estate disputes, we are ready to aggressively protect your rights and resolve your case efficiently.

Broker Commission Disputes in New York

Can I sue for unpaid commission without a written agreement?

In most cases, New York law requires a written agreement for a broker to claim commission. Some exceptions may apply, but it is difficult to succeed without written proof.

What does “procuring cause” mean in real estate?

It means the broker started a direct and unbroken chain of events that led to the sale. Even if someone else closed the deal, you may still be entitled to a commission if you were the initiating force.

Can multiple brokers claim commission on the same deal?

Yes. Disputes sometimes arise over commission splits, especially when more than one broker was involved in introducing or negotiating the deal.

Is it legal for a seller to back out of paying commission after closing?

If there is a valid written agreement and the broker fulfilled their obligations, the seller cannot legally withhold commission. We can help you enforce your rights.

What if I’m accused of trying to avoid paying a broker?

We can represent you in defending against such claims, particularly if the broker failed to meet legal standards or contract terms.

Contact Held & Hines LLP for a Free Consultation

Are you involved in a real estate commission dispute in New York? Contact Held & Hines LLP today for a free consultation with an experienced attorney. We’ll assess your case and help you move forward with confidence.

855.HELD.HINES