One of the most overlooked questions an agent can ask isn’t about commission splits, caps, or even stock awards. It’s this:
What happens when I leave?
Most agents don’t think about their Independent Contractor Agreement until they decide it’s time to move on. By then, they’re often surprised to discover that leaving isn’t nearly as simple as joining.
I’ve talked with countless agents over the years who spent more time negotiating their exit than they ever spent negotiating their commission split. Instead of focusing on the next chapter of their business, they found themselves arguing over listings, pending transactions, referral fees, and who actually owned the business they had spent years building.
That should make every independent contractor stop and think.
If you’re truly an independent business owner, why should you have to fight for the clients and transactions you generated yourself?
Unfortunately, this is more common than people realize. I’ve seen agents feel pressured to stay because they couldn’t afford to lose pending commissions. Others delayed making a move because they weren’t sure what would happen to their listings. Some ended up hiring attorneys simply to understand what they had already agreed to when they signed their ICA years earlier.
The reality is that an Independent Contractor Agreement tells you a lot about a brokerage’s philosophy. Some agreements are written primarily to protect the brokerage. Others recognize that the agent is the one building the business.
That distinction matters.
At eXp Realty, I’ve always appreciated that the relationship feels much more aligned with the idea of independent business ownership. If an agent decides to relocate, they don’t have to start over with another brokerage. Whether they’re moving across the state or across the country, they can simply transfer their license into another eXp market and continue serving clients while remaining part of the same company and the same organization.
That portability is incredibly valuable.
Life changes. Families relocate. Military spouses move. Agents discover new opportunities in different markets. Those transitions shouldn’t require someone to walk away from years of relationships, training, or the organization they’ve helped build.
More importantly, they shouldn’t have to negotiate for business they created.
I’ve always believed that brokerages should earn an agent’s loyalty by creating value every day, not by making it difficult or expensive to leave. If agents choose to stay because they have access to great training, collaboration, ownership opportunities, and a platform that helps them grow, that’s a much healthier relationship than one built around restrictive agreements.
The best partnerships don’t rely on handcuffs.
They rely on trust.
Before you sign an ICA—or before you decide to renew your commitment to your current brokerage—take the time to read the section most agents skip. Ask what happens to your listings, your pending transactions, and your business if life takes you in a different direction.
Because eventually, every agent leaves a brokerage. The only question is whether that transition will feel like a professional business decision or a legal negotiation.
So I’ll leave you with this question.
Is your Independent Contractor Agreement structured to reflect the commission split you agreed to, or is it designed to give your brokerage leverage when you decide it’s time for your next chapter?
The answer may tell you more about your brokerage than any recruiting presentation ever could.
If you’d like to have a conversation about how eXp approaches agent ownership, portability, and building a business that serves you for the long term, reach out anytime at hello@richtomasini.com.