Broker & Commission Dispute Attorneys in Northern Virginia
Who Earned the Commission?
A real estate commission can run into tens of thousands of dollars, and whether it is owed turns on the written agreement, who was the procuring cause, and whether the deal met the agreement’s terms. We represent both sides of these disputes across Northern Virginia.
✓ Owners & Agents
✓ Leesburg & Fairfax
✓ Recovery & Defense
What Decides Who Gets Paid
Three Questions Behind Every Commission Fight
Procuring Cause
The fee generally goes to the broker who set in motion the chain of events that led to the sale
In Writing
Virginia requires a written brokerage agreement with a definite termination date
Must Be Licensed
A real estate license is required to provide brokerage services and collect a fee
Sources: Code of Virginia § 54.1-2137 (written brokerage agreements; definite termination date, defaulting to ninety days), § 54.1-2106.1 (licenses required), and §§ 54.1-2130 through 54.1-2134 (brokerage services; ready, able, and willing standard); procuring-cause doctrine.
Most commission disputes come down to the same handful of questions. Was there a written agreement, and what did it say about when the fee is earned? Who actually brought the deal together? And did the transaction hit the point that triggers payment? Answer those, and the dispute usually answers itself.
Real Money, and Very Specific Rules
Commission disputes arise in a lot of shapes. A seller refuses to pay after closing. Two agents each say they earned the fee on the same sale. A buyer signs a brokerage agreement and then buys through someone else. An agent and the brokerage disagree over the split. The dollars are significant, and Virginia has specific rules about written agreements, licensing, and when a fee is actually earned.
We handle both directions. We represent owners and buyers who are being asked to pay a commission they do not believe is owed, and we represent brokers and agents pursuing a fee they earned. Because these fights often ride on top of a deal that closed or fell apart, we look at the whole transaction, including the purchase and brokerage agreements that set the terms.
Schedule a ConsultationWhere We Come In
- ✓ A seller refuses to pay the commission after the deal closed
- ✓ Two agents each claim the commission on the same sale
- ✓ A buyer signed a brokerage agreement, then bought through someone else
- ✓ Your brokerage is withholding or shorting your split
- ✓ A cooperating-broker fee was promised but never paid
- ✓ A deal collapsed and there is a fight over whether a fee is owed
What We Handle
Commission Matters We Handle
Whether you are being asked to pay or working to collect, the written terms and the facts drive the result.
Procuring-Cause Disputes
Sorting out which agent actually brought the deal together when more than one claims to have earned the same commission.
Unpaid Commission Claims
Pursuing, or defending against, a claim for a fee a seller or client did not pay after a closing or a completed engagement.
Cooperating-Broker & Split Disputes
Resolving disagreements between the listing and selling sides over how a promised commission is shared.
Buyer-Brokerage Agreement Disputes
Handling questions about whether a buyer owes a fee under a signed agreement, an increasingly common issue after recent industry changes.
Agent vs. Brokerage Disputes
Addressing disagreements between an agent and the firm over splits, withheld commissions, and post-departure compensation.
Escrow & Deposit Interpleader
Guiding brokers who hold disputed funds through the interpleader process so a court can decide who is entitled to them.
The rules that decide who gets paid
Virginia requires a brokerage agreement to be in writing, to have a definite termination date, and to state the fee and how and when it is paid. If the agreement leaves out a termination date, it ends ninety days later by default. The law defines brokerage services around producing a buyer or seller who is ready, able, and willing to close, and courts look to the procuring cause, meaning the broker whose efforts created the unbroken chain of events leading to the sale, to decide who earned the fee. An exclusive agreement helps, but it does not automatically make an agent the procuring cause of a particular deal, so a buyer who signs with one agent and then closes with another can create a real dispute. A real estate license is required to provide brokerage services and to collect a commission, and a principal broker holding disputed funds can ask a court to sort out the claims through an interpleader action. Recent industry changes have also made written buyer-brokerage agreements the norm, which makes reading those agreements carefully more important than ever.
Attorney Insight
“Commission cases almost always turn on two things: what the written agreement says, and who really brought the deal together. People get attached to the idea that they showed the house first or signed the client first, but the law cares about the procuring cause and the terms on the page. The first thing I do is read the agreement closely and build the timeline of who did what and when. That is usually where it becomes clear whether the fee is owed, and I represent both the people trying to collect and the ones being asked to pay.”
Anthony I. Shin, Esq.
Founder, Shin Law Office
Common Questions
Answers Before You Call
The sale closed but the seller will not pay. Do I have a claim?
Often yes, if there is a written agreement, you were licensed, and you were the procuring cause of the completed sale. The agreement’s terms about when the fee is earned matter a great deal. We review the listing or brokerage agreement and the facts of the deal to assess how strong the claim is.
Two agents say they are owed the commission. Who is right?
Usually the one who was the procuring cause, meaning whose efforts created the unbroken chain of events that led to the sale. Showing a property first, or signing the client first, does not settle it by itself. The answer depends on the full timeline of who did what, which we reconstruct carefully.
I signed a buyer agreement but bought with another agent. Do I owe two fees?
It depends on what your signed agreement says and whether the first agent was the procuring cause of the purchase you completed. An exclusive agreement does not automatically make that agent the procuring cause of a particular deal. We read the agreement and the facts to see what, if anything, is actually owed.
Does the commission agreement have to be in writing?
Virginia requires brokerage agreements to be in writing, with a definite termination date and a statement of the fee and how it is paid. A missing or defective agreement can be a serious problem for a party trying to collect, and a strong defense for a party being asked to pay.
My brokerage is holding back part of my split. What can I do?
Start with the independent-contractor or employment agreement and the firm’s written policies, which usually govern how and when splits are paid, including after you leave. If the firm is withholding contrary to those terms, there may be a claim. We review the agreement and the payment history to map out your options.
Related Real Estate Services
Let Us Read the Agreement and the Facts
Whether you are trying to collect a commission you earned or defend against one you do not owe, the sooner we look at the agreement and the timeline, the sooner you will know where you stand. Serving Leesburg, Fairfax, and all of Northern Virginia.
Prefer to talk now? Reach Anthony I. Shin, Esq. at 571-445-6565.
Based in Loudoun County and serving clients across Virginia, Washington DC, and Maryland, we know that when everything’s on the line, the right attorney doesn’t just make a difference, they determine the outcome.
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Copyright © 2026 Shin Law Office, PLC. All rights reserved.
Copyright © 2026 Shin Law Office, PLC. All rights reserved.
Reproduction of any content on this site is prohibited except for individual, non-commercial, informational use. This limited permission does not allow modification, distribution, or incorporation of any content into other works or publications in any medium. You may not reproduce or distribute content from this site to any third party.