This may be a little long so thank you in advance for reading all the way through. Any advice/help you can offer me is appreciated.

I recently left a broker over a commission issue. I was a buyers agent and my boss (the broker) would send me leads. One lead he sent me via email and I worked the deal from start to close. He paid me for the deal and then 2 days later when I was getting another closing (not his lead) he took back the commission he paid me for the first deal saying that deal was a "test" and that those were his clients. Keep in mind he forwarded me the email lead. Now, the reason he is saying that is because he had previously listed these peoples house about 2 years ago and they terminated. So, in my mind, I assumed he forwarded me the lead to get some fresh blood in there. He gets paid on all my deals anyway so I figured it was a win-win. Again, since he forwarded me the lead to work, I did not say another word. Well, he took the commission away from my second deal that was closing. That is when I knew it was time for me to find another broker.

Well, in leaving he wrote a letter stating that any outstanding deals I had with his brokerage would be paid at my normal split. Last Monday, had another closing. He is refusing to pay me again. This time, he says that I have one of his files that closed about 3 months ago. I always turned in all files upon closing of the file. I don't have the damn file otherwise I would give it to him because I want my commission! It seems like he always thinks of a reason not to pay.

What recourse do I have to get the money? In Texas, all money is paid directly to the broker. HELP -- I want the money I earned!

Wow! I believe that you would want to go to the Texas Real Estate Division and report this. He has no right to take your split of the commission if you have an agreement that you split it. He cannot decide to not pay you when he feels like it. Tell him you are going to the local Association of Realtors and the Real Estate Division and I am sure someone will investigate it.

I think you have a slam dunk winner. TEll him you are taking all of the files, the email documentation and everything you ever did in conjunction with him right to the RE Board. Tell him you think they should sort it out. Every one of those deals will probably get paid...He is screwing you....in my opinion.

Your split should have been pre-determined in your independent contractor agreement. Unless otherwise specifically stated in that agreement that he can take commission on deals like this, you are due the commission. Any judge would side with you.

I've seen something like this before. In the case I saw, since the subcontractor agreement was between the agent and the subagent, the brokerage could do nothing about it and neither could the Real Estate Division.
The subagent could certainly take the agent to small claims court, but none of the real estate entities could help him.
It was really ugly, and similar to what you said - agent just decides willy nilly to change the terms of the contract or to not pay or to take more or less. But the contract is a separate contract between those two parties.
--A

Do you have anything in writing?

The email that he got would be one document...

Unfortunately, I did not have an independent contractor agreement in writing. But, what I do have is all my checks where he paid me the same percentage amount which would hopefully show a record. And, I do have the letter in writing when I left the brokerage stating that he would pay be my full commission on all outstanding deals.

Keep that, turn him in!

Without an independent contractor agreement your former broker is inviting trouble from the IRS and possibly wage and hour issues too.