Procuring cause disputes rarely start with a dramatic event. More often, a broker shows a property, sends the buyer comparables, answers questions about the condo association or the zoning, and then hears nothing for a few weeks. Later the property closes. The buyer used a different agent, or went directly to the seller, or the listing side says the earlier work did not lead to the sale. Sometimes the dispute is between two cooperating brokers; sometimes it is between a broker and the seller or the buyer.
Whoever is right, these disputes turn on the sequence of events. Who first introduced the buyer to this property, what happened between that introduction and the contract, and whether the chain of contact was broken are questions answered by records, not by recollection. The records that answer them are also the ones most likely to disappear: showing logs roll off, texts get deleted when a phone is replaced, and portal data is purged on a schedule. The steps below focus on capturing that record early.
1. Capture proof of the first introduction
Identify the first moment the buyer learned about this specific property through you. Save the email or text that sent the listing, the MLS or portal record of the showing request, the showing confirmation, lockbox or electronic key access records, and any sign-in or registration sheet. If you registered the buyer with the listing broker, keep the registration and the acknowledgment. Print or export each item with its date and time visible.
2. Preserve the full chain of contact, including the quiet periods
The weeks after the first showing matter as much as the showing itself. Keep every follow-up: second showings, price discussions, comparable sales you sent, lender or inspector referrals, and calls about the association or permits. Export your call log and calendar for the whole period. Do not edit out the gaps. If there was a stretch with no contact, a complete record lets your lawyer explain why (the buyer traveled, financing was pending, the seller was not ready) instead of leaving the other side to fill in the silence.
3. Collect every agreement that touches compensation
Gather the listing agreement, any buyer brokerage agreement, any written offer of compensation from the listing side, referral agreements, and any protection or registration period clause. Keep your brokerage's independent contractor or employment agreement as well, because it controls how a commission flows between you and your broker. Note whether each document is signed, by whom, and on what date.
4. Pull the transaction record from public and closing sources
Once the sale closes, obtain the recorded deed, the purchase price shown in the public records, any recorded mortgage, and the property appraiser's ownership history. If you can lawfully obtain it, the settlement statement shows who was paid and how much. Check whether the buyer took title through a new entity; the state's corporate records will show when it was formed and who manages it. These documents fix the dates that everything else is measured against.
5. Back up your phone and messaging apps the right way
Screenshots alone are fragile. Export complete text and WhatsApp threads with dates, keep the original files, and make a backup of the phone before you trade it in or reset it. Do not delete anything, even messages that seem unhelpful. A complete record is more persuasive than a curated one, and missing messages invite questions you will not want to answer.
6. Write a private timeline while memory is fresh
Write a dated timeline of every contact with the buyer, the seller and the other brokers. Mark it as prepared for your lawyer and do not share it with anyone else. Note which events are backed by a document and which depend on memory.
What not to do
Do not send accusing messages to the buyer, the seller or the other broker. Do not threaten license complaints as leverage. Do not contact the buyer to "confirm" your role in a way that reads as pressure. Do not alter, annotate or recreate any document. Each of these can become an exhibit against you.
The Florida rules that matter
Florida law ties the right to a commission to licensure. Under § 475.41, Florida Statutes, "No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless" the broker or sales associate was properly licensed and renewed when the act or service was performed. Keep proof that your license and your broker's license were active on every relevant date.
The law also controls who brings the claim. Under § 475.42(1)(d), a sales associate may not collect money in a brokerage transaction "except in the name of the employer," and may not "commence or maintain any action for a commission or compensation" against anyone other than the broker registered as the associate's employer when the work was done. In practice, a claim against a seller, buyer or another brokerage is usually brought by or through the broker.
Deadlines depend on the type of claim. An action on a written contract generally must be brought within five years (§ 95.11(2)(b)); an action on a contract not founded on a written instrument within four years (§ 95.11(3)(j)); and an action founded on fraud within four years (§ 95.11(3)(i)). When the clock starts is a legal question we look at early in every matter. If you and the other broker belong to a Realtor association, its rules may also require arbitration of disputes between members, so check your membership obligations before filing anything.
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.
“No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless”
§ 475.41
“except in the name of the employer,”
§ 475.42(1)(d)
Your checklist
- Save the first introduction: listing email, showing request, confirmation and access records.
- Export every message, call log and calendar entry from introduction to closing.
- Gather the listing, buyer, referral and compensation agreements, signed and dated.
- Obtain the recorded deed, price, mortgage and entity records for the buyer.
- Back up your phone and messaging apps before changing devices.
- Confirm your license and your broker's license were active on every key date.
- Write a private timeline for your lawyer and avoid contact that could read as pressure.
How we handle these cases
We start with the documents. We build a dated record of the introduction, the contact that followed, the agreements and the closing, and we test it against what the other side is likely to say. From there we advise on who should bring the claim, which claims fit the facts, and which deadlines apply. We handle these matters for brokers throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando and Jacksonville. 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.