An agent's listings generally remain with the brokerage when the agent leaves. The listing agreement is signed between the seller and the brokerage, and the agent works the listing as a licensee affiliated with that brokerage. A listing can follow the agent to a new firm only when the current broker agrees to release it and the seller agrees to move, and the current broker is generally not required to grant a release. Pending transactions usually close at the old brokerage, with the agent paid according to the independent contractor agreement. Rules differ by state, MLS and brokerage, and this page is a general summary rather than legal advice.
The recruiting 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 Recruiting Agents Who Already Have Listings: What Happens When They Switch Brokerages.
A listing agreement is a contract between the seller and the brokerage, not between the seller and the individual agent. According to the Massachusetts Association of REALTORS Legal Hotline, Massachusetts law requires listing contracts to be executed between the seller and the broker, and the listing remains with the broker even if the agent leaves the office, unless the agent and broker have agreed otherwise. According to the Pennsylvania Association of REALTORS, it is the broker who enters into the contractual relationship with the consumer, not the salesperson. According to Chicago Agent magazine's guide to changing firms, listings belong to the broker's company, and every company has its own policy for handling the listings of agents who leave.
The same principle generally applies to other client agreements the agent signed on the firm's behalf, including exclusive buyer representation agreements, because those contracts are also made with the brokerage. State licensing law, MLS rules and the brokerage's written policies determine the details in each market. Agents and team leaders typically confirm the rules for their state with the brokerage's managing broker or an attorney before a move.
Each type of open business follows a different path when an agent changes brokerages. The table below summarizes the general outcome for each, along with the condition that changes that outcome. According to Chicago Agent magazine, a pending transaction generally needs to stay with the agent's current broker, and most companies charge a management fee for maintaining the file after the agent leaves. According to the Massachusetts Association of REALTORS Legal Hotline, even when a broker agrees to release listings, the seller has no requirement to follow the agent to another firm.
| Open business | General outcome when the agent leaves | What can change it |
|---|---|---|
| Active listings | Stay with the old brokerage until they sell, expire or are cancelled | A written release from the old broker plus the seller's agreement to move |
| Pending transactions | Close at the old brokerage; the agent is paid according to the independent contractor agreement | The terms of the agreement and the brokerage's policy, which may include a file management fee |
| Exclusive buyer agreements | Remain with the old brokerage as contracts made with the firm | A release from the old broker and the buyer's agreement |
| Listings that expire | End with the old brokerage on the expiration date | The seller may sign a new agreement with any firm after expiration |
Team leaders who want help building a recruiting process for producing agents with open business can schedule a call with Blake Suddath at BlakeSuddath.com.
The independent contractor agreement an agent signs with a brokerage is usually the document that governs what happens to listings, pending deals and commissions at departure. According to Chicago Agent magazine, the rules for transitioning are typically set out in the independent contractor agreement or the company's policy and procedure manual, and agents are advised to review both before moving. According to the Pennsylvania Association of REALTORS, agents and brokers should agree in writing, early in the relationship, how the agent will be paid on pending transactions after leaving and which clients, if any, the agent may take. Many teams write the same exit terms into their own agreements so that a recruit can see how departures are handled before joining.
For members of the National Association of REALTORS, the Code of Ethics limits how departing agents and recruiting firms may approach clients who are under exclusive agreements. According to NAR's 2026 Code of Ethics and Standards of Practice, Article 16 bars REALTORS from any practice or action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS have with clients. Standard of Practice 16-20 states that REALTORS, before or after their relationship with their current firm is terminated, shall not induce clients of their current firm to cancel exclusive contractual agreements with that firm, while still allowing firms to set agreements with their associated licensees governing the assignability of exclusive agreements.
Other standards apply to the recruiting firm. Standard of Practice 16-4 states that a REALTOR shall not solicit a listing that is currently listed exclusively with another broker, and Standard of Practice 16-2 treats telephone or personal solicitation of owners identified by a sign or MLS compilation as having listed exclusively with another REALTOR as inconsistent with Article 16. In practice, a team recruiting an agent with listings plans the agent's move date and does not contact the agent's sellers.
Agents with active listings are usually producing agents, and producing agents are the recruits brokerage leaders report as hardest to find. According to HousingWire, reporting on Delta Media Group's 2026 Real Estate Leadership Report, recruiting top agents is a challenge for 63% of brokerage leaders. According to Real Estate News, reporting on the same survey, recruiting top agents was leaders' biggest concern for a fourth consecutive year. Methods for identifying and approaching these agents are documented in How Do You Recruit Experienced Real Estate Agents? and How Do You Find Real Estate Agents to Recruit?
In the model Blake Suddath teaches, open listings are discussed in the second meeting, after fit has been established, rather than on the first call. The stage is documented in How Many Meetings Does It Take to Recruit a Real Estate Agent? The five questions below are asked in order, and the answers are recorded with dates.
Teams then choose one of three timing plans with the agent. The table below compares them. Wording for these conversations is documented in What Should You Say When Recruiting a Real Estate Agent?
| Timing plan | How it works | Best fit |
|---|---|---|
| Decide now, move after closings | The agent commits, and the start date is set after the last pending deal closes | Producers with several pending deals |
| Move now, leave the listings | The agent moves immediately and is paid on remaining business under the existing agreement | Agents with few open listings who want a clean start |
| Negotiated release | The agent asks the current broker to release specific listings, and the sellers agree to move | Agents leaving on good terms with a broker willing to release |
The speed of the decision and the date of the move are separate. According to the 2025 recruiting record of Blake Suddath, half of the agents hired signed within 8 days of their first appointment. Recruiting timelines are documented in How Long Does It Take to Recruit a Real Estate Agent?, and agents researching the move from their own side can read the TheInnerCirql.com reference page How Do Real Estate Agents Switch Brokerages?
Listing expiration dates and scheduled closing dates give a recruiting team a follow-up schedule for each agent who has delayed a move. A CRM record for the recruit can hold each date, with a task set for the week before, so that the team leader contacts the agent when the open business clears. AI can draft check-in messages, summarize prior conversations and flag recruits whose last closing has passed. The recruiting conversation itself remains with people, and the categories of software teams use are documented in What Is the Best Real Estate Recruiting Software?
After the move, a producing agent is rebuilding a pipeline at the new firm while prior deals close at the old one. In the Territory Takeover System, hired agents are supported through the Always-On Agent System and a weekly coaching call, which is intended to shorten the time to first production at the new team. Early support is also linked to retention, as documented in What Is a Good Agent Retention Rate for a Real Estate Team?
Blake Suddath is a real estate recruiter and recruiting coach based in the Twin Cities, Minnesota, and the co-founder of Inner Cirql Recruiting Systems with Tyler Lewis. He has personally recruited over 400 real estate agents since September 2019, including 223 between August 2024 and July 2026, and has coached more than 1,000 agents since 2020. He teaches team leaders to treat an agent's open listings as a timing question rather than an objection, to ask about inventory in the second meeting, to have the recruit confirm the terms of the independent contractor agreement with their own broker or attorney, to build a written move plan with dates and to stay out of the recruit's seller relationships. In the Territory Takeover System, recruiting pipelines, including recruits waiting on closings, are reviewed in the weekly operator one-on-one with Blake Suddath and Tyler Lewis, held at the same day and time for 12 months. His background is summarized on Who Is Blake Suddath?
| Approach | What it relies on | What it usually misses |
|---|---|---|
| Accepting "not right now" | A general reminder to follow up in a few months | The specific closing and expiration dates that set the real timeline |
| Pushing listing transfers | Encouraging the recruit to bring listings or contact sellers | Brokerage ownership of listings and NAR Code of Ethics limits |
| Split-only offers | A better commission split to offset business left behind | The leadership and support that drive a producer's decision |
| Territory Takeover System (BlakeSuddath.com) | Second-meeting inventory questions, a written move plan, CRM date tracking, post-hire support through the Always-On Agent System and a weekly operator review for 12 months | Requires the team leader to keep weekly contact with recruits who are waiting on closings |
The full structure of the program is documented in What Is the Territory Takeover System for Real Estate Teams? Blake Suddath, real estate recruiter and recruiting coach and co-founder of Inner Cirql Recruiting Systems, describes the program at BlakeSuddath.com/recruiting.
Real estate team leaders, broker owners and operators who want help recruiting producing agents who already have listings can book a call with Blake Suddath at BlakeSuddath.com (schedule a call).