West Jefferson, NC asked in Real Estate Law and Employment Law for North Carolina

Q: I was employed as a subcontractor broker with a real estate agency. If I leave them does the agency own my prospects?

I worked for the agency as an associate since October 2014 and left the agency October 2016. I signed an agency generated agreement (the agency has no policy manual) in October 2015 that included this clause: After termination of the contract by Broker, the Broker/Associate shall have no rights to commission for any listing procured by the Broker/Associate or for any sale or lease of property, unless a written offer to purchase or lease shall have been obtained from a qualified and bona fide purchase or lessee, prior to the termination, and the transaction is later completed pursuant to such offer or lease. After termination, all Broker/Associate listings, prospects, documents and correspondence shall become the property of the Broker.

All of my old prospects (none have buyer agency agreements with old agency) want to continue to work with me at my new agency. My old agency says I have to pay 50% of any commission I make while working with these old prospects. Do I have any recourse?

1 Lawyer Answer
Paige Kurtz
Paige Kurtz
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Based on this information alone, I would say no. However, an attorney will need to review the whole contract to determine if that is the appropriate answer and to fully advise you. It is well worth your time to pay the minimal amount for advice from an attorney on this. The agency's response seems to come from a different clause in the contract than the one cited in your question.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.