How to Bulletproof Your Real Estate Brokerage
How today’s real estate leaders can protect their agents, their brokerage, and their bottom line by challenging outdated practices and leaning into training.
Recently, a broker/owner reached out after a few of his managers expressed concern over one of our agent webinars. Their issue? That we were warning agents about the legal landmines around antitrust, buyer agency agreements, and outdated practices—especially in light of the NAR lawsuit and settlement.
Their concern wasn’t around the legal landmines they might be facing; it was that we were stirring the pot.
But let’s be real: The pot needs stirring. Because what’s actually dangerous right now isn’t what we are saying—it’s what too many brokerages are choosing to ignore.
In this new era of real estate, silence isn’t safety. It’s liability.
Related reading: Real Estate News – Buyers beware: Some agreements appear to violate NAR terms
The Dangerous Disconnect
There’s a growing divide between what agents need from their brokerage and what they’re actually getting. And you know who’s capitalizing on that gap?
Your competitors.
Agents aren’t just being recruited away with better splits or flashier branding. They’re being recruited because they don’t feel protected. They don’t feel like their brokerage has their back. They’re confused, anxious, and in many cases—left floundering in the dark.
When agents are handed a 15-page listing agreement filled with legalese, unclear fee structures, or outdated language that could conflict with DOJ guidance…
When they’re told to use forms that still reference cooperative compensation—even if the seller isn’t offering it…
When they’re directed to call the listing agent before showing a home just to find out if a buyer agent fee is being offered…
They’re not just frustrated—they’re exposed. They’re legally vulnerable. And when they don’t get clear answers, practical training, or a sense that leadership has a grip on what’s really happening in the industry, they start looking outside their company for help.
That’s not about disloyalty. It’s about survival. They don’t want to leave, but when the stakes are high and it seems like their brokerage isn’t informed or secure, they feel like they have no choice. That’s why leadership must be proactive—not reactive.
As a real estate coach, I frequently hear agents express that they aren’t getting the training and information they need to handle the current issues from their brokers. That’s an issue.
If your agents are turning to third-party coaches, trainers, or even competitors for the answers they wish they were getting from you, it’s time to take that as a cue—not a criticism. The solution isn’t to silence outside voices. The solution is to become the inside voice they trust most.
Related reading: Strategic Defense: A Real Estate Brokers’ Blueprint for Post-NAR Lawsuit Judgment Operations
Let’s Talk About the Forms
Many managers are still requiring agents to use default state or NAR forms that no longer serve the best interest of the client—or the company. These forms are often:
- Overly complex, filled with unnecessary legal jargon that potential clients can’t or won’t understand and frankly, neither do the agents in many cases
- Contain buyer-side compensation language, even when it’s not applicable
- Misaligned with the shifting legal standards post-settlement
Continuing to use these forms “because we always have” isn’t a justification. It’s a liability.
Related reading: The Do’s and Don’ts of Buyer Agency Agreements Every Real Estate Leader Needs to Teach Their Team
Let’s Talk About the “Call Before Showing” Policy
Some brokers are instructing buyer agents to call the listing agent before showing a property to ask if a buyer agency fee is being offered. That might sound harmless, but in reality? It’s a legal landmine. That policy could be interpreted as steering, collusion, or a violation of antitrust law—exactly the kind of behavior that helped trigger the lawsuits in the first place.
The real estate industry is under scrutiny in ways it never has been before, and attorneys are building their cases. Your company’s policies should be protecting your agents—not putting them at risk for the sake of outdated practices.
What Bulletproof Leadership Looks Like
Here’s the good news: You can protect your brokerage and your people—but only if you’re willing to lead with courage, not comfort.
That means:
✅ Providing up-to-date dialogues, forms, and buyer agency agreements that comply with today’s laws—not pre-settlement status quo
✅ Do not use association forms without customizing them. Look at the industry forms as templates for you to tweak and make your own. This will help reduce the chances of antitrust violations.
✅ Training every agent and manager on what they can (and can’t) say about compensation, representation, and commission disclosures
✅ Creating a culture where agents feel like their brokerage has their back—not just when times are good, but when the stakes are high
✅ Welcoming third-party experts who can help you spot the gaps and stay ahead of change
Related reading: Clear Cooperation Confusion: Why Exclusive Listings Aren’t the Villain
What’s at Stake if You Don’t
Agents know their license—and income—depend on making smart, compliant decisions. If they can’t count on their leaders to guide them clearly and confidently through this time of disruption, they’ll seek out a brokerage that will.
They’re not looking for hand-holding. They’re looking for a safety net and support they can count on. If they don’t feel like your company can offer that, they will walk. And it won’t be the part-timers or the ones that don’t make waves, it’ll be the sharpest, savviest, most thoughtful professionals on your team.
Final Thought
We are in a moment of reckoning—and reinvention—in our industry. The companies that survive this shift won’t be the ones that bury their heads in the sand or lean on “the way we’ve always done it.” Those are the companies that will find themselves in a courtroom.
The survivors? They’ll be the ones who:
- Ask tough questions
- Challenge outdated norms
- Invest in tools and training that protect their agents and their brand
- And lead with the clarity, courage, and integrity this moment demands
That’s how you bulletproof your brokerage. And if a few feathers get ruffled along the way? So be it. Because playing it safe isn’t safe anymore. Leading is.
If you’re ready to protect your agents, empower your managers, and lead with integrity in this new era—don’t go it alone. My team and I are here to help in every way possible—with the tools, training, and truth today’s market demands. Let’s bulletproof your brokerage—together.
For Your Agents…
We’re in a season of change—big change—and I want you to hear this directly from me: I’ve got your back. There’s a lot of noise in the industry right now. Lawsuits, shifting rules, outdated forms, and confusion around compensation. But what’s most dangerous isn’t the change itself—it’s the silence from leaders who should be stepping up.
That’s not how we roll. I want to make sure you feel informed, trained, and supported—not just when things are easy, but especially when the stakes are high. That’s why we’re going to look at everything: our policies, our forms, our practices, and how we train. If there are gaps, we’ll close them. If there are risks, we’ll address them. And if there are better ways to support you, we’ll find them.
We will not lead with fear. We will lead with clarity, courage, and integrity. If you ever feel unclear about what you can say, what you can use, or what you need—come to me. My door is open. And I’m committed to making sure you never have to face this market alone.
Let’s bulletproof this brokerage—together.
Darryl Davis is an award-winning international speaker, real estate and business coach, and best-selling author of three books, all published by McGraw Hill Publishers.
For more than 35 years, Darryl has spoken to and trained more than 600,000 sales professionals around the globe to more than double their production year after year. His book, How to Become a Power Agent in Real Estate, tops Amazon’s charts for one of the most sold books to real estate agents.
He was awarded the Certified Speaking Professional (CSP) designation by the National Speaker’s Association, which is given to less than 2% of all speakers worldwide.
Whether from a stage or Zooming into a virtual room, Darryl’s extraordinary humor, relatability, and natural gift for teaching real-world, results-producing skills and mindsets to audiences have made him a client favorite throughout his career.
Audiences will laugh, learn, and ultimately walk away better prepared for a changing world, with the tools, skills, and training they need to build their businesses with more ease and less stress and to design lives and careers worth smiling about.
Bring One of Darryl’s W.O.R.K. Topics to Your Organization!
By providing your agents with the knowledge and insights they need to stay ahead of the game, you can ensure that they are equipped to handle any situation that comes their way!