Most commission disputes are about contract terms. A smaller group involves something more troubling. A seller tells you the deal is dead, and the property quietly transfers to the same buyer through a new company a few weeks later. A buyer claims to have found the property on their own, but the emails tell a different story. A contract appears with a date that does not match what you were told. A price is split between a recorded deed and a side payment. When the facts suggest deception rather than disagreement, the way you gather and organize records can make the difference between a claim that holds together and one that falls apart.
This guide is about organization and lawful collection. Suspicion is not proof, and the goal at this stage is to assemble what can be shown with documents so a lawyer can assess whether a fraud claim is supported.
1. Separate what you know from what you suspect
Start two lists. The first holds facts you can prove with a document: the date of your showing, the date of the recorded deed, the name of the entity on title. The second holds what you believe but cannot yet show: that the buyer and seller agreed to wait until your listing expired, or that the new entity belongs to your buyer. Keeping the lists apart protects your credibility and shows your lawyer exactly where the gaps are.
2. Build a master chronology with a document for each entry
Create one chronology from first contact through closing. Each line gets a date, a short description and a reference to the supporting document. Include statements made to you, especially statements you now believe were false: "the deal fell apart," "we decided not to sell," "my client found it online." Note who made each statement, when, how (call, text, email) and who else was present. Misrepresentations are the center of a fraud claim, so the exact words matter.
3. Use public records to trace the property and the entities
Florida's public records are often the most persuasive evidence in these matters, and they are lawful to collect. Pull the recorded deed and any mortgage, the property appraiser's sales history, and any notice of commencement or permit filed after closing. Look up every company involved in the state's corporate records and save the filing history: formation date, managers, registered agent and addresses. A buyer entity formed days after a "dead" deal, with a familiar address or manager, can tell a clear story.
4. Keep originals and preserve metadata
Save emails in their native format, not only as printouts, so the header information is preserved. Keep original photos and documents rather than edited copies. If a contract or addendum looks altered or backdated, keep every version you received and note how and when each arrived. Do not mark up the originals; make a working copy for notes.
5. Collect only what you are entitled to have
Do not log in to anyone else's email, portal or transaction software, even if you still have a password. Do not take documents from another brokerage's files. Do not record phone calls or meetings without consent: Florida's interception statute makes it lawful to record a communication only "when all of the parties to the communication have given prior consent to such interception" (§ 934.03(2)(d)). Evidence gathered improperly can expose you to liability and may not be usable.
“when all of the parties to the communication have given prior consent to such interception”
§ 934.03(2)(d)
6. Organize the file for your lawyer
Put everything in one folder with subfolders: agreements, communications, public records, entity records, closing documents and the chronology. Name files with the date first so they sort in order. Provide a short index. A well-organized file shortens the time it takes to evaluate the claim and makes it easier to identify the discovery needed to fill the gaps.
The Florida rules that matter
Fraud has its own limitation rules. An action founded on fraud generally must be brought within four years (§ 95.11(3)(i)). For fraud claims, the period runs from when the facts giving rise to the claim "were discovered" or should have been discovered with due diligence, but the action "must be begun within 12 years after the date of the commission of the alleged fraud" (§ 95.031(2)(a)). Write down the date you first learned facts suggesting the deal was concealed, and how you learned them.
Punitive damages cannot simply be demanded in a complaint. Under § 768.72, a claim for punitive damages may be added only after a showing in the record, or a proffer, that provides a reasonable basis for recovery, and the claimant must ultimately prove intentional misconduct or gross negligence by clear and convincing evidence. A careful early record is what supports that showing later.
The licensing rules still apply. Under § 475.41, a commission contract is valid only if the broker or sales associate held a properly issued and renewed license when the work was performed, and under § 475.42(1)(d) a sales associate's claim generally runs through the employing broker.
In 2026 we obtained a $47.83 million jury verdict in a broker commission case. This was a jury verdict; post-trial proceedings may affect the final judgment. Past results do not guarantee a similar outcome. Read our case study.
“were discovered”
§ 95.11(3)(i)
Your checklist
- Separate provable facts from suspicions in two written lists.
- Build a dated chronology with a supporting document for every entry.
- Pull deed, mortgage, appraiser and corporate records for each property and entity.
- Keep native emails and original files; work only from copies.
- Do not access others' accounts or record calls without everyone's consent.
- Note the date you first learned facts suggesting concealment.
- Deliver an indexed, dated file to your lawyer.
How we handle these cases
We review the chronology and the public record first, and we tell you plainly whether the documents support a fraud theory or point to a contract claim instead. When the facts support it, we plan discovery to reach the communications and financial records the other side controls, and we build the case for trial from the beginning. We handle these matters for brokers throughout Florida. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.