You need to consult the contract for what the broker's obligations are. I feel very confident that you will still be paid what you are owed. If you aren't then there are causes of action you could raise in a lawsuit to get that money paid to you. However, you need to take the contracts to an attorney for review, we can't really say for sure until we read the contracts in full.
This answer is not "legal advice" and should not serve as a substitute for the advice of an attorney who is licensed in your applicable jurisdiction. The statements provided herein are for informational purposes only and the recipient of these answers assumes all risk and expressly agrees to seek the advice of the appropriate counsel for his or her situation. Should any formal legal advice be sought, the recipient should contact our law firm at the appropriate phone number or email address.
Is there a co-broker agreement that dictates the fee split/structure that exists by and between you and this broker? The real estate industry is highly regulated and fee agreements are usually (or should) memorialized in a written format so as to avoid any potential for confusion or room for interpretation. If you procured the ready, willing and able buyer and the transaction is seen to fruition, it would seem, based on the industry standards, that you earned your commission through your efforts/work product. As I understand your facts, I provide this generic response as hopeful guidance. Good luck toy you.
FOR LEGAL ADVICE CONTACT AN ATTORNEY OF YOUR CHOOSING AND RETAIN THEIR SERVICES. Responses to postings here are for informational purposes only and are NOT legal advice. The information provided here does not constitute legal advice and this answer is based solely upon the information included in the question posed. NO ATTORNEY CLIENT RELATIONSHIP IS ESTABLISHED BY THE PROVIDING OF THE INFORMATION IN THIS RESPONSE
By operation of Texas law, only a broker can receive real estate commissions. Your broker owns the listings. Whether or not s/he is obligated to pay you will be found in your ICA (Independent Contractor Agreement).
AVVO is a general forum for discussion purposes only. My answers, replies, responses, comments, ideas, referrals, approvals and endorsements do not constitute legal advice, guidance, opinions or even suggestions, as I do not have enough facts, we have not spoken, I have not checked my conflicts-of-interest database and most importantly, YOU ARE NOT MY CLIENT. This disclaimer pertains to AVVO responses in addition to other forms of communications including emails and phone calls between us. As well, my response is with respect to only the laws of the State of Texas. Hire an attorney in your location if you want opinions and assistance upon which you may rely.
If you leave the company, there is a good chance that you will lose out on any commissions that may be coming your way. Unless you have a contract that says something else, and that's probably pretty unlikely, you might be out of luck.
Before you leave, you could ask nicely for the entire amount, a partial amount. If your broker won't give you a dime, you could threaten to sue for equitable relief or unjust enrichment. Whether you would win or not in an entirely different matter. Not to mention the bridge you could be burning.
Depending on how much is at stake, it may be worth it to stick around for another 3 to 4 months then jump ship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline