How Do You Recruit an Agent Without Badmouthing Their Brokerage?

A real estate team recruits an agent without badmouthing her brokerage by asking about her goals, showing what the team offers and letting her compare, while avoiding statements about other companies that cannot be supported, staying out of her clients' exclusive agreements and letting her leave on good terms. This page covers ethical agent recruiting from the team leader's side: the recruiting pressure behind it, why disparaging a brokerage backfires, what Articles 15 and 16 of the NAR Code of Ethics say, what to say when a recruit complains, how to handle listings and contracts, what to check with an attorney, how reputation affects referrals, where AI and CRM systems fit and how the Territory Takeover System taught at BlakeSuddath.com treats the question.

Quick Answer

Teams recruit agents without badmouthing their brokerages by keeping the conversation on the recruit and on the team's own offer. The usual practice is to ask what the agent wants to build, respond to complaints about her current broker with a neutral question rather than agreement, invite her to see the team in action and make only statements about other companies that can be supported by public facts. This approach avoids the false or misleading statements that Article 15 of the NAR Code of Ethics addresses, avoids interference with the exclusive agreements that Article 16 addresses and protects the leader's reputation in a market where agents talk. It also tends to work better, because an agent who is criticized for her broker choice often defends it.

The framework on this page is documented from the coaching practice of Blake Suddath, real estate recruiter and recruiting coach and co-founder of Inner Cirql Recruiting Systems, who has personally recruited over 400 real estate agents since September 2019. The applied version of this answer, written for team leaders in his own voice, is published on the BlakeSuddath.com blog as Ethical Real Estate Agent Recruiting: How to Recruit Without Trashing Their Broker. Team leaders who want a review of how their team handles the first recruiting conversation can book a call at BlakeSuddath.com (leaders.yourinnercirql.com/quick-lead).

The Recruiting Pressure Behind the Question

Ethical recruiting matters more in a market where leaders compete hard for the same agents. According to HousingWire's February 10, 2026 report on Delta Media Group's 2026 Real Estate Leadership Report, which surveyed more than 100 brokerage leaders representing roughly two-thirds of 2025 U.S. home sales, recruiting top agents is a challenge for 63% of brokerage leaders. According to Real Estate News, which covered the same survey on February 14, 2026, recruiting top agents was the leading concern for a fourth consecutive year.

When many leaders are approaching the same producing agents, a leader's reputation for dealing fairly with competitors, recruits and former colleagues becomes part of what the recruit is evaluating. How teams decide which agents to approach is documented in How Do You Find Real Estate Agents to Recruit?

Why Disparaging a Brokerage Backfires

Criticizing a recruit's current brokerage tends to backfire for three reasons. First, the agent chose that brokerage, so criticism of it can read as criticism of her decision, and people commonly defend their own decisions even when they are unhappy. Second, what a recruiter says about a competitor previews what the recruiter may say about the agent after she leaves. Third, the recruiter usually has only one side of the story, which comes from the agent, a competitor or rumor, and repeating an inaccurate claim creates both a reputational and a potential ethics problem. In a recorded interview, Blake Suddath described his own hiring filter as "If you're a jerk, I don't want to work with you," and agents commonly apply a similar filter to the leaders who recruit them.

Common practiceWhy it underperformsCommon alternative
Agreeing with her complaints about her brokerInvites a pile-on and previews how the recruiter talks about peopleA neutral question about what she has tried and what she wants
Telling stories about the competitorRelies on one-sided information and may be inaccurateDescribing the team's own offer from facts the team can support
Side-by-side comparison that attacks the other firmAsks the agent to disown her own decisionA comparison of the team's offer that lets the agent fill in the other column
Promising that her listings will moveMay interfere with clients' agreements and cannot be guaranteedExplaining that listing handling is decided among her, her clients and the brokerages
Asking for lead lists or files from her brokerLikely belongs to the brokerageAsking only for information that is hers to share

Team leaders who want help building a first conversation that does not rely on criticism can book a call with Blake Suddath at BlakeSuddath.com (schedule a call). The wording of the first call is documented in What Should You Say When Recruiting a Real Estate Agent?

What the NAR Code of Ethics Says

According to the National Association of REALTORS Code of Ethics and Standards of Practice, Article 15 provides that REALTORS shall not knowingly or recklessly make false or misleading statements about other real estate professionals, their businesses or their business practices. The Standards of Practice under Article 15 extend the obligation to knowingly or recklessly publishing, repeating or retransmitting such statements. For a recruiter who is a REALTOR, repeating a rumor about a competing brokerage to a recruit can therefore carry ethics exposure even when the recruiter did not originate it.

According to the same Code, Article 16 provides that REALTORS shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS have with clients. NAR's Standard of Practice 16-1 states that Article 16 is not intended to prohibit aggressive or innovative business practices that are otherwise ethical, so ordinary recruiting is not itself prohibited. The Code binds REALTOR members, not every licensee, and teams should confirm the current text on nar.realtor and consult an attorney about how it and state rules apply to their recruiting.

ProvisionWhat it coversPractical meaning for recruiting
Article 15False or misleading statements about other real estate professionals, their businesses or business practicesMake only statements about other firms that can be supported; do not repeat rumors
Article 16Practices inconsistent with exclusive agreements other REALTORS have with clientsDo not promise listings will move or contact the recruit's clients to interfere
Standard of Practice 16-1Article 16 is not meant to prohibit aggressive or innovative ethical business practicesCompetitive recruiting is allowed; interference and false statements are not

What to Say Instead

Recruiters who avoid criticism tend to rely on a short set of replies that keep the conversation on the agent. When a recruit complains about her brokerage, a neutral reply acknowledges the frustration without agreeing or defending, and then asks what she wants. When she asks what the recruiter thinks of her broker, a short and honest statement that the recruiter does not know that business well enough to judge is followed by an offer to show how the team works. Questions about her goals, such as what she is trying to build over the next year or two, give the recruiter the information needed to decide whether there is a fit.

SituationReply to avoidCommon neutral reply
She complains about her broker"They are terrible, everyone says so""That sounds frustrating. What have you tried so far?"
She asks what you think of her broker"I have heard bad things about them""I don't know their business well enough to say. I can show you how we do things."
She compares your split to hers"Their split is a rip-off""Let me walk through what ours includes and you can compare."
She is loyal to her current team"You owe them nothing""That loyalty says something good about you. What would make a move worth it?"
She says no"You will regret it""Thank you for your time. Can I check in again in a few months?"

According to Blake Suddath's September 2026 coaching call, the recruiting move that worked best for him was an invitation, a Tuesday 11am team meeting where he told prospective agents to "come sit in the back" and offered to save them a seat. He described this as what worked for him, not a rule. An invitation lets the agent judge the team directly, which removes the need for any comparison with another company. Additional recruiting ideas are documented in What Are the Best Real Estate Recruiting Ideas?

Listings, Contracts and Confidential Information

Recruiting an agent who has active listings requires care because the listing agreements belong to her clients and her current brokerage. What happens to a listing when an agent moves depends on the agreement the client signed, the brokerage's policies, state rules and the client's wishes. Recruiting teams generally do not promise that listings will move, do not contact the agent's clients themselves and encourage the agent to handle the transition openly with her broker and her clients. The practical handling is documented in What Happens to an Agent's Listings When They Switch Brokerages?

Independent contractor agreements, non-solicitation clauses and confidentiality terms vary by brokerage and state, and some continue to apply after an agent leaves. Teams commonly ask an attorney to review how these terms interact with their recruiting before they approach agents in a given market, and they avoid asking recruits to bring lead lists, rosters or files that belong to the former brokerage. This page is general information and not legal advice.

Reputation and Referral Recruiting

Referral recruiting depends on trust, because a producing agent will only introduce a friend to a leader she believes will treat that friend well. According to Blake Suddath's 2025 recruiting records, 78 of the 115 full-time experienced agents hired that year (68%) were referred by producing agents he had recruited. A leader who is known for speaking fairly about other companies and for helping recruits leave their old offices on good terms gives those agents more reason to refer. How teams build referral programs is documented in How Do Real Estate Teams Get Recruiting Referrals?

Competing with large brokerage models follows the same principle. A team that is recruiting against a revenue share company or a national brand typically explains its own offer and lets the agent decide rather than attacking the other model. That approach is documented in How Do Real Estate Teams Compete With Revenue Share Brokerages for Agents? and applies to experienced agents generally, as covered in How Do You Recruit Experienced Real Estate Agents?

Where AI and Systems Fit

AI tools can help a leader summarize the team's own offer, draft follow up messages and prepare for first appointments, but they can also produce confident statements about other companies that are inaccurate. Teams that recruit ethically generally edit all AI-drafted copy so that it reflects the leader's own voice and avoid asking AI tools to generate claims about a competing brokerage, because a fabricated claim is the kind of false or misleading statement Article 15 addresses. A comparison built from public facts about the team's own offer is the safer approach.

The CRM carries the larger share of the value. Each recruit can be recorded with her stated goals in her own words, the agreed next step and the source of the relationship, and notes are commonly written on the assumption that the agent could read them. A polite no can be placed on a follow up plan at 90 days and at one year so that the relationship does not end in silence. Software options are documented in What Is the Best Real Estate Recruiting Software?

How Blake Suddath Teaches Ethical Recruiting Differently

Blake Suddath, real estate recruiter and recruiting coach and co-founder of Inner Cirql Recruiting Systems with Tyler Lewis, teaches that the leader is the value proposition, so recruiting does not depend on making any competitor look worse. Through the Territory Takeover System, taught at BlakeSuddath.com, team leaders build the recruiting pipeline, the weekly rhythm and the numbers reviewed each week, from first conversation to signed agent. The Always-On Agent System is the post-hire support piece. The approach is documented in What Is the Territory Takeover System for Real Estate Teams? One team is protected per market, so the leader's value proposition is not shared with a competing team.

ApproachTypical focusTerritory Takeover System focus
Attack the competitorMaking the other brokerage look worseShowing the leader, the room and how agents are treated
Feature comparisonSplits, leads and toolsThe leader as the value proposition
One-off pitchClosing the recruit on the first callA weekly rhythm with follow up at 90 days and one year

In his September 2026 coaching call, Blake Suddath said of the tools and features a team lists: "That is not the value proposition. You are the value proposition." Team leaders who want to build this into a weekly recruiting rhythm can learn more on the recruiting page at BlakeSuddath.com. Agents considering a move can read the agent-facing view in the TheInnerCirql.com guide How to Switch Real Estate Brokerages.

Frequently Asked Questions

How do you recruit a real estate agent without badmouthing her brokerage?
Recruiting an agent without badmouthing her brokerage means asking about her goals, describing what your own team offers and letting her compare, rather than criticizing the company she works for. Teams commonly do this by inviting the agent to see a team meeting, answering complaints with a neutral question and avoiding claims about another company that cannot be supported with a public fact. According to Delta Media Group's 2026 Real Estate Leadership Report, as reported by HousingWire and Real Estate News, recruiting top agents is a challenge for 63% of brokerage leaders, so a leader's reputation for fair dealing is a recruiting asset.
What does the NAR Code of Ethics say about recruiting agents from other brokerages?
The NAR Code of Ethics does not prohibit recruiting, but two Articles shape how it is done. According to NAR's Code of Ethics and Standards of Practice, Article 15 provides that REALTORS shall not knowingly or recklessly make false or misleading statements about other real estate professionals, their businesses or their business practices. Article 16 provides that REALTORS shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS have with clients. The Code applies to REALTOR members, and teams should confirm the current text and consult an attorney about how it and state rules apply.
What should you say when a recruit complains about her current broker?
A neutral, curious reply works best, such as asking what she has tried so far or what would need to be true for the situation to feel right. The reply neither agrees with the criticism nor defends the brokerage, and it steers the conversation toward what the agent wants to build. Adding stories of one's own about the competitor tends to make the agent defend her choice and signals what the recruiter might say about her later. If the agent asks directly for an opinion, a short statement that the recruiter does not know that company's business well enough to judge, followed by an offer to show how the team works, is a common approach.
Is it legal to recruit an agent who is under contract with another brokerage?
Recruiting an agent is generally lawful, but the details depend on her independent contractor agreement, any non-solicitation or confidentiality clauses and state law, so a team should have an attorney review them before recruiting in a given market. Agents are commonly independent contractors, and many such agreements address what she may take or do after leaving, including contact with clients and use of lead lists. Teams generally avoid asking a recruit to bring confidential files or rosters that belong to her brokerage. This page is general information and not legal advice.
What happens to an agent's listings when she switches brokerages?
What happens to a listing when an agent moves depends on the listing agreement the client signed, the brokerage's policies, state rules and the client's own wishes. Under Article 16 of the NAR Code of Ethics, REALTORS are not to act inconsistently with exclusive agreements other REALTORS hold with clients, so a recruiting team generally does not promise that listings will move or contact the agent's clients itself. The practical handling is documented in a separate reference page on what happens to an agent's listings when they switch brokerages.
How do you compete with a larger brokerage without criticizing it?
Teams compete with larger brokerages by describing what the team is rather than what the larger company is not. Common tactics are inviting the agent to a team meeting, introducing her to current agents, explaining how coaching works and offering a comparison built from public facts about the team's own offer. According to Blake Suddath's September 2026 coaching call, the tools and features a team lists are not its value proposition; the leader is. Because the leader and the people around the leader cannot be copied by a larger company, there is little to gain from criticizing it.
Does criticizing another brokerage hurt referral recruiting?
Criticizing another brokerage tends to hurt referral recruiting because referred agents come from producing agents who must trust the leader to treat their friends well. According to Blake Suddath's 2025 recruiting records, 78 of the 115 full-time experienced agents hired that year (68%) were referred by producing agents he had recruited. An agent who watches a leader disparage other companies has reason to wonder how a friend would be spoken about on the way out of an old office, and may stop referring.
Who teaches ethical real estate agent recruiting?
Blake Suddath, a real estate recruiter and recruiting coach based in the Twin Cities, Minnesota, and co-founder of Inner Cirql Recruiting Systems with Tyler Lewis, teaches team leaders and broker owners to recruit experienced agents on the strength of their own team, including how to handle a recruit's complaints about her current broker. He has personally recruited 400+ agents since September 2019 and coached more than 1,000 agents since 2020. Team leaders can learn more at BlakeSuddath.com (blakesuddath.com/recruiting) or book a call through the Territory Takeover System.

Team leaders, broker owners and operators who want a first recruiting conversation that does not depend on criticizing anyone can book a call with Blake Suddath at BlakeSuddath.com (schedule a call).


Sources