Tenant wants representation, listing broker claims procuring cause.
I’m a young commercial broker that experienced a new situation that I would appreciate some feedback on:
I was referred to a client looking for industrial space. Just prior to making contact with the client and arranging site tours, the client had contacted the listing broker of a space they wanted to see. They toured the space and were assisted by the listing broker to fill out a draft LOI. 
I was then asked by the client, once I had made contact and formed a relationship, to accompany them on a 2nd tour of that same space, at which point they moved forward and submitted a new LOI that I created and entered into a lease negotiation with myself as their representation. 

The listing broker told me that he was technically able to kick me off of the deal, because he believed he had procuring cause. I understand his argument. However, I’d like to know if the tenant client has the right to bring on representation for themselves, as myself being the tenant representative, giving myself the right to a commission. Or is the tenant client obligated to be unrepresented and only deal with the listing broker if they want that specific space, thus allowing the listing broker to claim the entire commission? 

Thanks so much for any experienced insight. If anyone has any professional resources that help clear this up, that would be helpful. I can provide more details for clarification of the scenario. Thank you! 
[{"id": "edovw08", "text": "I'd say the tenant always has the right to have whomever they'd like represent them, but the listing broker may or may not be obligated to pay you commission. Your best bet is probably to work out a reduced commission with the listing broker, after all the tenant did already see the space before you were even involved so you had less work in locating a space for them.", "replies": [{"id": "edptb5a", "text": "From what I have researched and the responses below, I agree with you here. Fortunately, the listing broker sounds like he is throwing me a bone by  letting me know that he wouldn't kick me out of the deal, even though he technically could. I will see how this holds up throughout the deal. Thank so much for the response. ", "replies": [{"id": "edpvihw", "text": "I would discuss commission sooner rather than later. Everything changes once there is money on the table and that\u2019s a dangerous time to not have a CA in place if there\u2019s already been friction. Unless the commission splits have already been laid out in writing, your being listed as a tenant broker on the LOI/lease does not protect you in terms of getting paid.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "edowgnw", "text": "Seems pretty straightforward procuring clause issue to me... what am I missing here?  You for some reason took a client on a tour of a property they'd already seen with another broker.\n\nThe client can bring on whoever they like... if they're paying for them.  But in terms of the seller paying commission?  What you did is exactly what the procuring clause is there to prevent.\n\nThis of course just being my high level opinion from the little I can see in this post.\n\n/not your atty", "replies": [{"id": "edpt401", "text": "I understand my mistake here. I wasn't quite sure how to proceed, since the client had acknowledged that they wanted me as their representation while we were touring other properties. Prior to visiting the space mentioned in my original post, I reconfirmed with them that they wanted me as their representation even for this space. I understand that still likely doesn't override procuring cause by the listing broker. I appreciate your feedback. Thank you. ", "replies": [{"id": "edpu51l", "text": "I mean the listing broker might hopefully give you some amount of a fee, but it's not going to be the whole thing you'd like, I wouldn't think.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "edowqmy", "text": "A couple questions: Do you have a tenant rep agreement with your client?  Would your client stand behind you, and ask the LL for a full fee to be paid?  How strong is your market, does the LL need a deal?  If the LL is leveraged, how is their asset performing?  Are relationships important in your market?\n\n&amp;#x200B;\n\nLike any deal, you need to weigh leverage, your relationship with your client, and future deals with this broker/LL/client in all of this.  I wouldn't lay down entirely, but taking a haircut on a deal to maintain a good relationship with the LL and LL's broker will probably pay out in the long run.\n\n&amp;#x200B;\n\nBe reasonable.  Ask for the same respect and reason that you are offering.\n\n&amp;#x200B;\n\n&amp;#x200B;\n\n&amp;#x200B;\n\n&amp;#x200B;\n\n&amp;#x200B;", "replies": [{"id": "edpstme", "text": "A tenant rep agreement has not been signed. From what I am experiencing, it's not standard to do so, especially on a smaller deal like this one, even though the legal benefits of having a written agreement are so obvious. I do not know for sure if my client would stand behind me at the risk of losing out on this space. Our market is tight - 4% vacancy rate in Q3 2018, so the LL has the leverage. Relationships are huge in this area. The LL rep expressed to me that while he could technically kick me out of the deal, he's not going to. He mentioned that he'd rather build a good relationship. I think he was being genuinely kind, but also trying to insert some dominance over myself, knowing that I'm new to the game. I really appreciate your feedback. ", "replies": [], "depth": 2}], "depth": 1}, {"id": "edoxvzy", "text": "So the tenant has a right to bring in his own representation yes. \n\nHowever, the listing agent had a right not to pay you. \n\nIf the listing agent is really going to be a stickler, your only way to get paid is to have the client demand for you to be paid, having it written in the offer. With the client willing to walk away if that doesnt happen. \n\nThat might convince the listing agent to get the deal done anyways. He has the right not to pay you unless he chooses otherwise. ", "replies": [{"id": "edpsaly", "text": "Ok, I see how things get can get crossed up between both sides of representation. The listing agent told me that technically he could kick me out of the deal, but that he's not going to. While my client verbally confirmed that I am their representation for this space, I understand that a verbal confirmation can't be upheld with any force. I'm not sure the extent to which my client would demand I represent them and get paid by the LL with the possibility of losing the deal. I have a feeling that they would rather get this deal done in this space, if that meant losing my representation. Thank you for your feedback.", "replies": [{"id": "edq0cph", "text": "If the other agent said he wont you are probably ok. Especially if he let's you continue forward on. \n\nGood luck. ", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "edp7y0m", "text": "Does your version of the LOI contain a clause that a commission should be paid to tenant broker, per a separate agreement? If not, it should. Do you have a signed commission agreement for the deal? In any event, it's an idle threat that the LL rep will likely try to leverage when lease negotiations start to go sideways. ", "replies": [{"id": "edprxxn", "text": "The LOI is still being drafted and has not been submitted yet, but I wanted to play into the future a bit for how I see things unfolding. I will be sure to include a commission clause to be paid by the tenant broker. I appreciate the advice. Thank you. ", "replies": [], "depth": 2}], "depth": 1}, {"id": "edptjd5", "text": "Thanks for the feedback everyone. I know I made some beginner mistakes here. I will take the lessons with me. ", "replies": [], "depth": 1}, {"id": "ee30nzm", "text": "In most states, there has to be a dual agency document signed to represent both buyer and seller.  This is a good question though, because the seller's agent might have introduced the property to the buyer.  He may claim compensation, but he certainly cannot claim representation without your consent.  Agency laws are rather complicated and they are State specific.  Perhaps consult a local real estate attorney.", "replies": [{"id": "ee38f53", "text": "Ok I see. Compensation and representation can be resolved as separate elements. Thank you for the response. ", "replies": [], "depth": 2}], "depth": 1}]