With more than 35 years of experience practicing law, including in New York City, Michael J. Schlesinger, Esq., founder, Schlesinger Law Group, specializes in real estate. Schlesinger has extensive experience representing real estate brokers, sales directors and sales representatives in commission disputes and employment contract drafting from his Miami office, now located on Brickwell Avenue.

“I always act as an adviser first, rather than simply an advocate for our client’s position,” says Schlesinger. “I’m motivated to problem-solve and always look at the long-term picture.”

Schlesinger has seen an uptick in commission disputes the past two years. “Brokers and sales associates need to ‘paper’ their entitlement to the commission,” Schlesinger explains. “The most-efficient method is a listing agreement or a buyer/contact registration agreement, which spells out the commission rate and when it’s earned. If a contract is not an option, at the very least, send emails that confirm the ‘procurement’ of contact and all of the material terms.” He emphasizes that there’s still hope, under the Procuring Cause Doctrine, to recover a commission without a written contract. The Procuring Cause Doctrine provides that a real estate broker is entitled to a commission when they produce a purchaser that is ready, able and willing to perform upon the terms agreeable to the seller. In his experience, going into a transaction “trusting” to get paid is a recipe for disaster.

“Another issue that’s more prevalent is when the contact attempts to circumvent your agreement and deal directly with the other side,” he says. “In this case, if you’re purposively excluded from negotiations and/or the transaction’s hidden from you, there’s law that allows a claim for your commission.”

Schlesinger understands that retaining a lawyer is a major decision; an honor he never takes for granted.