Paul S.  Henderson, REALTOR®, CRS, South Puget Sound Washington Agent/Broker! (Fathom Realty Washington LLC)

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Rainer
187,002
Raj Taj
RE/MAX - Lake Bluff, IL
Drive By Blessings!

Two words..."Team Prenup".

Aug 06, 2016 03:57 PM
Rainmaker
849,162
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

For the best way to avoid this type of nightmare...spell it out in black and white when formulating a team. 

Aug 06, 2016 03:09 PM
Rainmaker
4,116,816
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

John Bear had the right answer. When I had a team our "employment" agreement clearly stated that all clients generated by me were "mine." And we kept very good records as to the source of leads and clients.

Aug 06, 2016 10:03 PM
Rainmaker
883,324
Peter Mohylsky. Broker -BRIX REALTY
Miramar Beach, Florida - Santa Rosa Beach, FL
BRIX REALTY -DESTIN

It can be a nightmare but my team agreement spells out that all leads generated by the individual agents while on the team are team leads.

Aug 06, 2016 09:23 PM
Rainmaker
6,606,583
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Look at the terms of your written agreement.

Aug 06, 2016 09:54 PM
Rainmaker
1,991,258
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

the broker - but the reality is different of course - I think the rain maker should get the information unless another team member brought in the lead 

Aug 06, 2016 08:34 PM
Rainmaker
1,153,675
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Team leader.

Aug 06, 2016 03:18 PM
Rainmaker
415,391
Katina Hargrove 352-551-0308
Stake Your Land Realty, Inc. - Eustis, FL
Broker/Owner, GRI,SFR, REALTOR®

The Company does. That is one of the reasons I do not Team Up.

Aug 09, 2016 01:05 AM
Ambassador
3,313,163
Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

This is something that needs to be discussed up front before forming the team.

Aug 07, 2016 07:10 AM
Rainmaker
919,673
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I allow my members to keep the leads/clients I've provided to them that they've sold to and also any lead they bring in belongs to them - however any lead not sold belongs to me.

I also continue to market to any leads that came from my website - FOREVER!

Aug 06, 2016 11:43 PM
Rainmaker
4,099,168
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

What does the agreement state?

Aug 06, 2016 10:50 PM
Rainmaker
3,069,984
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Pete X with X Group Real Estate Advocates nailed this one!

Aug 06, 2016 09:56 PM
Rainmaker
1,109,295
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

The exit strategy should have been explained before going in. In lieu of that it will not be an amicable result I'm afraid. That being said I believe the Broker owns the information since you wrote "client" as in closed sale.

Aug 06, 2016 05:36 PM
Ambassador
4,312,759
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Paul S. Henderson, REALTOR®, Broker, Tacoma Washington - should have been discussed at the beginning of the forming team.

For a team with buyer's agent/showing agent - and lead not referred by the member, lead agent should keep it.

Aug 06, 2016 03:50 PM
Rainmaker
3,721,568
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Great Question and I have seen some messy "divorces" my understanding is that it is the Team Leader, but with that said I have seen where the team members destroyed the reputation of the leader and the clients did not know any better....Endre

Aug 06, 2016 03:40 PM
Rainmaker
5,586,663
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Paul,

Yikes, I have never thought about this.  We still are together.  I am looking forward to the answers.  A

Aug 06, 2016 03:09 PM
Rainmaker
4,799,501
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

This should be addressed in the original team agreement.

Aug 07, 2016 06:33 AM
Rainmaker
821,932
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Partnerships of any kind often sour. I think it's good to think about this in advance and even spell it out. Has to be by agreement.

Aug 07, 2016 06:07 AM
Rainmaker
1,387,173
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Out here all listings belong to the broker.  Good luck keeping your client if you leave!  Unless you spell it out before hand, I'd assume that the same would follow suit, that the team would own the info.  You better have a good backup copy of your client's info on your own system!

Aug 07, 2016 05:28 AM
Ambassador
2,570,787
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Needs to be detailed in a contract agreement between Team members.  The Broker may come into play, depending upon your State.

Aug 07, 2016 04:26 AM
Rainmaker
4,013,403
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

There are nightmares.  I will let it go as that.

Aug 07, 2016 01:51 AM
Rainmaker
1,736,218
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

I can see how "pre-nups" could be very important but what if they are ignored.  That creates a legal nightmare?  There are always good intentions upfront but at the other end, when money is involved, the gloves come off.

Aug 07, 2016 01:31 AM
Rainmaker
5,571,896
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I don't play that game.... if an agent works a lead I gave them, it's theirs.... I can create more business....I learned long ago to not fight over money no one has earned yet and may never earn!!!!!!!!!!!

Aug 06, 2016 11:56 PM
Rainmaker
1,722,955
Lyn Sims
Schaumburg, IL
Schaumburg Real Estate Agent Retired

Wow that is really a good question. I would say that both (or more) take the clients & let the chips fall where they may.  It should be the lead agents I believe.

Aug 06, 2016 11:40 PM
Rainmaker
1,459,527
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Paul S. Henderson, REALTOR®, Broker, Tacoma Washington The broker owns the client information when a team breaks up. Short of that, there should be a team agreement as to the disposition of clients, leads, etc. If not, shame on them.

Aug 06, 2016 11:39 PM
Rainmaker
1,683,350
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

It belongs to the Managing Broker.

Aug 07, 2016 03:21 PM
Rainmaker
1,157,485
FN LN
Toronto, ON

What does the team agreement state?

Aug 07, 2016 11:29 AM
Ambassador
3,986,710
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

From what I have witnessed the clients in play belong to the team but are generally negotiated and split out. Those others that the team member has connected with, the team member usually continues staying in touch since a relationship has been established. Past clients are free to choose who they want to work with in the future. 

Aug 07, 2016 09:16 AM
Ambassador
3,055,949
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

My initial thoughts are ... what does their contract say?  

Aug 07, 2016 05:51 AM
Ambassador
3,722,444
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

What does the team agreement say?  Oh wait.  That assumes there is a team agreement.

Aug 07, 2016 04:19 AM
Rainmaker
1,639,786
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

That should be addressed in writng and signed by all principals of the 'Team'.

Aug 07, 2016 03:57 AM
Rainmaker
4,042,729
Richard Weeks
Dallas, TX
REALTOR®, Broker

I think that should be addressed at the time the team if being created.

Aug 07, 2016 02:43 AM
Ambassador
5,408,679
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Apparently something important to address in the partnership agreement.

Aug 07, 2016 01:37 AM
Ambassador
1,616,354
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

It depends on the employment contract. Read carfully

Aug 07, 2016 12:37 AM
Rainer
231,919
Jessie Cochran
Counts Real Estate Group, Inc. - Panama City, FL
Panama City Realty Group

I'm with Jennifer Mackay on this one

Aug 07, 2016 12:01 AM
Rainmaker
2,641,652
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

When a team breaks-up if successful who cares? If not, let the games begin

Aug 06, 2016 11:02 PM
Rainmaker
4,209,399
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

There are the terms of the written agreement and the reality of the person developing the relationship. A difficult situation!

Aug 06, 2016 10:57 PM
Rainmaker
4,433,703
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I do not know.

Aug 06, 2016 10:45 PM
Rainmaker
1,889,268
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
Helping your Montana dreams take root

I would hope an agreement was set up ahead of time in terms of what happens when the team is no longer a team.

Aug 06, 2016 10:28 PM
Rainmaker
1,707,423
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Yes, stealing the database does happen. You need agreements in place and be willing to take them to court.

Aug 06, 2016 10:07 PM