Procuring a cause- Should I fight for my commission?
I’ve been working with a client for 3 years. We’ve closed 1 deal, have been in contract for 6 months on another and I have been working with them on their 3rd location.  Their business has grown and they have taken on an investor. Over the past 3 years I have been looking for this 3rd location and we have been close to contract several times, but timing was not right for them so we would stop and start the search several times.  This last time around the market is much more aggressive and it has taken a LOT of work to find this location. Last night I got a call that I would not be the agent representing them and the investor has someone he uses and is not willing to budge. I have evidence of communication with the selling agent on the property and my client explicitly saying I found the property and that they will be putting in an offer through me (before the investor said otherwise). My buyer obviously can not lose their investor and said the other broker can pay me a referral fee. The other agent has not spent a single minute looking for properties or working with them. The gross commission is over $150,000 so I really don’t want to just give away my commission to him. 

Has anyone gone through arbitration and is it worth it?
[{"id": "hzv58eg", "text": "Man, these are tough and one of the shittier parts of brokerage. Your relationship with your client is now dead. I\u2019d try to get at least 50% as a referral. I think that\u2019s your path of least resistance. Sorry you\u2019re getting screwed.", "replies": [{"id": "hzvlzc6", "text": "I don't think the relationship is dead. The buyer did appeal on OP's behalf and is still in communication. If OP handles this in a way that doesn't alienate the buyer, then when the other agent messes something up, or when buyer buys again without the investor, the OP will be there for them. OTOH, if OP pushes too hard or alienates them, then all future business with either of them goes away.", "replies": [{"id": "hzw28mu", "text": "Disagree. Relationship is dead. OP should fight to get paid. There's an amount of money most people would accept in order to screw someone over. In this case, I'm willing to bet the Buyer's investor wants a share of the commission and he inserted his friend to get it.", "replies": [{"id": "hzw3nx0", "text": "Sure, that's what happened. What you are missing is the future. \n\nI have had clients return to me again and again after they leave for supposedly greener pastures only to find that they missed what they had. When they've come back, I've heard every excuse in the book: \"I lost your number,\" \"That agent was horrible and I wish I hadn't done that!\" \"My family member wanted me to do this but I still want to use you for my transactions that they aren't a part of,\" \"I am sorry I worked with them this time but my friend is wanting to buy/sell. Can you help them?\" \n\nGuilt is a powerful motivator and when someone comes back, that relationship never goes away again.", "replies": [{"id": "hzw5vvn", "text": "I'd rather work with someone who has the integrity to do the right thing the first time than someone who comes back only because their decision to leave me ended up with poor results. My time is worth so much more than that.", "replies": [{"id": "hzw6wdm", "text": "Yes, that's also a valid point. My points are definitely not the only \"truth\" out there.", "replies": [], "depth": 6}], "depth": 5}, {"id": "hzw60gl", "text": "ya know its ok to fire clients too right?  Not paying me is a really really good way to make me never want to work with you again.", "replies": [{"id": "hzw6zzc", "text": "Sure. This wasn't a case of not paying exactly, since the client that's \"absconding\" did protect OP's right to a referral.", "replies": [], "depth": 6}], "depth": 5}], "depth": 4}], "depth": 3}, {"id": "hzw32um", "text": "I\u2019m not worried about the client. My boyfriend of 9 years is one of the owners, but has nothing to do with this side of the business. He has recommended I take legal action. They work with me because I have found them places that are not listed and have been their go to for anything real estate related since before they became a business.", "replies": [{"id": "hzw6axu", "text": "if your boyfriend is an owner I kinda think he needs to talk to the other owners about this issue tbh.  I'd be pretty livid if my business partners screwed my partner like this.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "hzvfrge", "text": "I would push for the full amount. Hire a lawyer and expect to toss some money at it. 75-100k is a big deal. If they have a new broker and you have 3 years tied up in the search with you that you are the procuring cause for, get your money.", "replies": [], "depth": 1}, {"id": "hzvg530", "text": "Obviously you aren't going to get anymore business from them now that the investor is in the picture. So don't worry about burning the bridge. If you have a written rep agreement, go get a lawyer and go after them as hard as you possibly can. If you don't have a written contract you are probably gonna get hosed but arbitration might be worth the time and small money investment. I'd ask for a written referral agreement and see what they offer then make your decision on direction.", "replies": [{"id": "hzviy2c", "text": "I have an agreement but it doesn\u2019t cover the area the new location is in. I do have text records that discuss prices, negotiations with the seller, and verbatim saying \u201cawesome job\u201d in reply to property link, \u201cthat\u2019s the one, let\u2019s do a full price offer.\u201d Along with numerous other emails, text and voicemails showing I was representing them. \n\nI also have several witnesses (the sellers agent and his staff who I have been negotiating and talking to) \n\nMy other question is, what if they buy under the investors name?", "replies": [{"id": "hzvk5wt", "text": "You need to get a real estate lawyer involved my guy. Depends on the laws of your state as to how solid of a claim or even contract you may or may not have here.", "replies": [], "depth": 3}, {"id": "hzw03u4", "text": "Be careful that you're not \"Providing Brokerage Services without and Agency Agreement\" In my state that means, you need a contract for providing service, particularly if you start negotiating, before that you're pretty much ok.   \nI'd be sure to check if your existing contract has a clause that this property would be included. Some have, for example, price up to $X amount. But then it says if the buyer purchases a more expensive property that property is also included.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "hzw0gt0", "text": "At some point in your career you will need legal.  This is a good opportunity to interview attorneys and cultivate a relationship that will be useful down the road. At the same time request a referral contract and let them make the first offer.", "replies": [], "depth": 1}, {"id": "hzw5no6", "text": "Have you tried talking to the other broker? I\u2019d go the referral fee route and just push him/her as far as you can", "replies": [], "depth": 1}, {"id": "hzwbo49", "text": "You\u2019re screwed in most situations \u2014 litigation will cost more than $150k and it is therefore not worth it. Suing your client is not going to make him give you other referrals. You can be difficult if you wish, but I suspect you\u2019re poisoning the well by doing so.\n\nPer other comments, though, this is a unique situation because your boyfriend owns the a piece of the client. Leveraging that is your best bet.", "replies": [{"id": "hzxbcjt", "text": "This is really the more detailed right answer. I assume no one has truly been involved with one of these legal spats before. I have been with a previous firm. It is absolutely not worth it on $150k. Haggle the highest referral you can get.", "replies": [], "depth": 2}], "depth": 1}, {"id": "hzwd27x", "text": "Looking at the size of the commission you stated and the amount of time working on it, you should definitely fight for s sizable portion. \n\nDo you have any buyer rep agreement? Is the property listed on a local MLS system? You kind of need so something tying you to the commission. Or whatever comission was offered on a cooperation basis.", "replies": [{"id": "hzx89t9", "text": "I work in two states and without a rep agreement you are owed nothing.", "replies": [], "depth": 2}], "depth": 1}, {"id": "hzwyvqn", "text": "I\u2019m assuming no fee/commission agreement on the properties you showed?", "replies": [{"id": "hzxg3vb", "text": "Clients were unwilling to sign an agreement that covered all of Houston. I have a few buyers rep agreements that cover other areas, but obviously \nI did not cover my basis.", "replies": [], "depth": 2}], "depth": 1}, {"id": "hzx5d9a", "text": "Anytime I am working as a tenant rep I always have them sign an agreement especially a tenant with multiple locations. See if you can set up a meeting with the investor and tenant to smooth a working relationship going forward. You\u2019re an asset to their expansion but you also have to advocate for yourself. Also ask yourself if you want to continue working with them or not.", "replies": [], "depth": 1}, {"id": "hzxn9wd", "text": "Yeah, it\u2019s called Fuck You Pay Me", "replies": [], "depth": 1}, {"id": "hzxsxnq", "text": "Um, sorry to point out but the OP's name is myDogisbrucewayne. Why is Adventurous\\_Risk\\_842 answering the questions to the OP? Weird.", "replies": [], "depth": 1}, {"id": "i01gjom", "text": "The listing agreement gives the listing broker the right to represent the seller's asset. A buyer brokerage agreement gives the buyer's broker the right to represent the buyer's capital. If you didn't have a buyer rep agreement with the principal or his investor, then that's your mistake and your only recourse is arbitration. Maybe not worth the legal fees depending on how big the referral could be. If they come back for another location, shove a buyer rep agreement at them. It's why buyer rep in CRE is so tough and I don't do buyer rep without an agreement. Also protects you if the listing broker won't co-broke.", "replies": [], "depth": 1}]