Legal Question in Real Estate Law in New York
Independent contractors in Real Estate
When working as a sales agent in a Real Estate Agency, and you get a customer, whether by a call in or it's given to you by the broker, is that customer the office's or yours. In the event that the agent leaves that broker and works for another, whose customer is it - the agent's or the broker? We have to sign an independent contractors agreement, but nothing is stated about customers. Can the agent take them upon leaving and going to another broker or do they have to stay with the first broker?
1 Answer from Attorneys
Re: Independent contractors in Real Estate
If there is no relevant provision in the agreement, then the customer belongs to no one. However, all of the deals, to the extent they were generated by the acts of the salesperson during his/her association with the broker, belong to the broker.