Updated July 2026 · Reviewed by Adams, Cameron & Co.
Leaving a brokerage doesn't automatically forfeit your commission on deals already under contract. What you're owed depends on your independent contractor agreement with that brokerage and on procuring cause, meaning whether your work was the direct reason the deal came together. Most brokerages either let a pending deal close out under the brokerage where it started, with your commission paid as agreed, or negotiate a split with your new brokerage. This should be settled in writing before you give notice, not after.
- Termination doesn't automatically erase commission rights. What you're owed depends on your independent contractor agreement (ICA), not just on timing.
- Procuring cause, whether your effort was the direct cause of the sale, is the legal concept most commission disputes come down to.
- Most brokerages let a deal that's already under contract close out at the original brokerage, with commission paid as agreed, rather than following the agent.
- Get the specific handling of any pending deal in writing with your current broker before you announce a move, not after.
- A clean, professional exit with clear paperwork on pending deals protects both your commission and your reputation.
Do you lose your commission if you leave before a deal closes?
Not automatically. A brokerage relationship ending doesn't erase your right to commission on work you already did. Real estate commission disputes usually come down to two things: what your independent contractor agreement (ICA) with the brokerage actually says about departures, and procuring cause, a legal standard asking whether your effort was the direct cause that brought the buyer and seller together.
What is procuring cause, in plain terms?
Procuring cause looks at who actually did the work that led to the sale, not just who happens to be the agent of record when it closes. If you found the buyer, showed the property, and negotiated the terms, that history matters even after you've left the brokerage. It's not a simple stopwatch rule, and disputes over it are common enough that most brokerages would rather settle it by agreement than litigate it.
What do most brokerages actually do?
In practice, most pending deals close out at the brokerage where they started, with the agent's commission paid according to whatever split was already in place, even if that agent has since moved on. Some brokerages negotiate a different split with the new firm instead. What almost never happens cleanly is a deal simply following the agent to a new brokerage with no agreement at all, since that creates a paperwork and liability problem for everyone involved.
How do you protect a pending deal before you switch?
List every active listing and every contract you're currently working before you say anything to your broker about leaving. For each one, get a clear answer in writing: does it close under the current brokerage, and what happens to your commission if it does. This isn't adversarial, it's standard practice, and a professional broker will expect the question.
Why this is worth settling before you give notice
Once you've announced a move, the leverage to negotiate cleanly on pending deals gets harder, not easier. Sorting this out first, quietly and directly, means you're not negotiating your commission at the same time you're negotiating your exit.
How Adams, Cameron & Co. handles incoming agents with pending business
If you're weighing a move to Adams, Cameron & Co., the largest brokerage in Volusia and Flagler counties since 1963, a non-competing manager will help you map out your pending deals and timing before you give notice anywhere, so nothing is left to chance. Start a confidential conversation.
Commission rights depend on your individual independent contractor agreement and Florida law, and outcomes vary case by case. This is general information, not legal advice. Confirm specifics with your broker or an attorney.
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