Two words..."Team Prenup".

For the best way to avoid this type of nightmare...spell it out in black and white when formulating a team. 

John Bear had the right answer. When I had a team our "employment" agreement clearly stated that all clients generated by me were "mine." And we kept very good records as to the source of leads and clients.

It can be a nightmare but my team agreement spells out that all leads generated by the individual agents while on the team are team leads.

Look at the terms of your written agreement.

the broker - but the reality is different of course - I think the rain maker should get the information unless another team member brought in the lead 

Team leader.

The Company does. That is one of the reasons I do not Team Up.

This is something that needs to be discussed up front before forming the team.

I allow my members to keep the leads/clients I've provided to them that they've sold to and also any lead they bring in belongs to them - however any lead not sold belongs to me.

I also continue to market to any leads that came from my website - FOREVER!

What does the agreement state?

Pete X with X Group Real Estate Advocates nailed this one!

The exit strategy should have been explained before going in. In lieu of that it will not be an amicable result I'm afraid. That being said I believe the Broker owns the information since you wrote "client" as in closed sale.

Paul S. Henderson, REALTOR®, Broker, Tacoma Washington - should have been discussed at the beginning of the forming team.

For a team with buyer's agent/showing agent - and lead not referred by the member, lead agent should keep it.

Paul,

Yikes, I have never thought about this.  We still are together.  I am looking forward to the answers.  A

Partnerships of any kind often sour. I think it's good to think about this in advance and even spell it out. Has to be by agreement.

Out here all listings belong to the broker.  Good luck keeping your client if you leave!  Unless you spell it out before hand, I'd assume that the same would follow suit, that the team would own the info.  You better have a good backup copy of your client's info on your own system!

Needs to be detailed in a contract agreement between Team members.  The Broker may come into play, depending upon your State.

There are nightmares.  I will let it go as that.

I can see how "pre-nups" could be very important but what if they are ignored.  That creates a legal nightmare?  There are always good intentions upfront but at the other end, when money is involved, the gloves come off.

I don't play that game.... if an agent works a lead I gave them, it's theirs.... I can create more business....I learned long ago to not fight over money no one has earned yet and may never earn!!!!!!!!!!!

Wow that is really a good question. I would say that both (or more) take the clients & let the chips fall where they may.  It should be the lead agents I believe.

Paul S. Henderson, REALTOR®, Broker, Tacoma Washington The broker owns the client information when a team breaks up. Short of that, there should be a team agreement as to the disposition of clients, leads, etc. If not, shame on them.

It belongs to the Managing Broker.

What does the team agreement state?

From what I have witnessed the clients in play belong to the team but are generally negotiated and split out. Those others that the team member has connected with, the team member usually continues staying in touch since a relationship has been established. Past clients are free to choose who they want to work with in the future. 

My initial thoughts are ... what does their contract say?  

What does the team agreement say?  Oh wait.  That assumes there is a team agreement.

That should be addressed in writng and signed by all principals of the 'Team'.

I think that should be addressed at the time the team if being created.

Apparently something important to address in the partnership agreement.

It depends on the employment contract. Read carfully

I'm with Jennifer Mackay on this one

When a team breaks-up if successful who cares? If not, let the games begin

There are the terms of the written agreement and the reality of the person developing the relationship. A difficult situation!

I do not know.

I would hope an agreement was set up ahead of time in terms of what happens when the team is no longer a team.

Yes, stealing the database does happen. You need agreements in place and be willing to take them to court.