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Broker commission litigation

Cut Out of a Real Estate Commission in Florida?

You found the property, showed it, and negotiated the price — then the deal closed without you. Josef Timlichman represents Florida agents and brokers pursuing commissions they were deprived of.

Call (305) 748-3789

How agents get cut out

Going around the agent

The buyer contacts the seller or listing agent directly after you made the introduction.

Waiting out the agreement

Closing is delayed until your listing or buyer agreement expires.

Switching brokers

A different broker is substituted late in the process to collect your commission.

Refusing to pay

A co-broke or referral fee that was agreed to is never paid at closing.

Representative result

In May 2026, a Miami-Dade jury returned a $47.83 million verdict ($19.83M compensatory, $28M punitive) in Miles Goldstein Real Estate, LLC v. Reuben Ezekiel, et al., a case handled by Josef Timlichman involving an $84,000 commission. Past results do not guarantee, warrant, or predict a similar outcome in any future case.

Read about the verdict

Frequently asked questions

What should I do first if I was cut out of a deal?

Save every text, email, showing log, offer draft, and registration form. Write a dated timeline of your contact with the buyer and seller. Do not confront the parties in writing before getting legal advice.

Do I need a signed buyer broker agreement to recover?

A written agreement helps, but it is not always required for every claim. Procuring cause, fraud, and tortious interference claims can turn on the overall chain of events. Since 2024, written buyer agreements are more common, which can strengthen a claim.

Who can be held responsible?

Potentially the buyer, the seller, entities they control, and any agent who knowingly participated. Each person's role determines which claims may apply.

Is it worth pursuing a smaller commission?

Every case is different. In some cases, the conduct involved can support claims beyond the commission itself, including punitive damages when allowed by the court. A case review can help you understand your options.

Call (305) 748-3789