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?
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.
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