Breaking Away from Your Brokerage: How to start your own real estate company in 2026

The breakaway decision: Is it right for you?

Breaking away from your brokerage is a major career move that requires careful consideration. While the rewards can be substantial—better commission splits, brand control, and business ownership—it also comes with significant responsibilities and risks.

According to industry data, the number of agents breaking away to start their own brokerages has increased significantly in recent years, driven by:

• Technology democratization: Platforms like Brokurz make it easier to run a brokerage without massive infrastructure
• Commission pressure: Agents want to keep more of what they earn
• Brand independence: Top producers want to build their own brand, not someone else's
• Franchise fatigue: High fees and restrictions push successful agents to independence
• Team growth: Successful teams often outgrow their brokerage's capabilities

This guide will help you navigate every aspect of breaking away, from the initial decision through your first year of independence. We'll cover legal requirements, financial planning, team retention, client transition, and how modern technology can make the process smoother.

Signs you're ready to break away

Not everyone is ready to start their own brokerage. Here are the indicators that suggest you might be:

Financial readiness

• Consistent production: $3M+ in annual sales volume for 2+ years
• Financial stability: 6+ months of operating expenses in savings
• Low debt: Manageable personal and business debt
• Revenue diversification: Not dependent on a single client or source

Business maturity

• Established brand: Strong personal brand and market recognition
• Team or staff: Experience managing others (if applicable)
• Systems and processes: Documented workflows and procedures
• Client base: Loyal clients who will follow you
• Market knowledge: Deep expertise in your local market

Motivational factors

• Commission frustration: Tired of giving away 30-40% of commissions
• Limited growth: Current brokerage can't support your ambitions
• Culture mismatch: Values don't align with current brokerage
• Technology limitations: Current tools are outdated or insufficient
• Desire for control: Want to make your own decisions about brand, splits, and operations

Red flags (not ready yet)

• Inconsistent production or declining sales
• Insufficient savings or high debt
• No established brand or market presence
• Limited experience (less than 3 years as an agent)
• Unclear value proposition for why agents would join you
• No team or support system

If you're a team leader considering breaking away, see our team leader to broker owner guide for specific considerations.

Legal considerations: Protecting yourself

Breaking away involves significant legal considerations. Work with a real estate attorney to ensure you're protected.

Review your current agreement

Before making any moves, carefully review:

• Independent contractor agreement: Look for non-compete clauses, non-solicitation clauses, and commission obligations
• Team agreements: If you're on a team, review team-specific restrictions
• Franchise agreements: If with a franchise, review termination requirements and restrictions
• Commission obligations: Understand when commissions are owed and for how long

Non-compete and non-solicitation clauses

Many agreements include restrictions on:

• Geographic limitations: Can't operate within X miles for Y years
• Client solicitation: Can't contact current or recent clients
• Agent solicitation: Can't recruit agents from your former brokerage
• Time restrictions: Typically 6 months to 2 years

Important: Non-compete enforceability varies by state. Some states heavily restrict or prohibit non-competes. Consult an attorney to understand your specific situation.

Commission obligations

Understand when you owe commissions:

• Pending transactions: Typically, you owe commissions on deals in progress
• Recent closings: Some agreements require commission sharing on recent closings
• Future transactions: Rare, but some agreements attempt to claim future commissions

Client ownership

Generally, clients belong to you, not your brokerage. However:

• Review your agreement for any client ownership claims
• Understand your obligations regarding client communication
• Be prepared for potential disputes over "house" leads or company-generated clients

Licensing requirements

Before breaking away, ensure you:

• Hold a valid broker license (not just agent license)
• Meet state requirements for broker license (typically 2-5 years of active agent experience)
• Complete broker pre-licensing education if needed
• Have a clean license record (no disciplinary actions)

See our licensing requirements guide for state-specific details.

Entity formation

Before breaking away, set up your business entity:

• Choose entity type (LLC recommended for most)
• Register with your state
• Obtain EIN from IRS
• Set up business banking
• Obtain required insurance (E&O, general liability)

Financial planning for your breakaway

Breaking away requires significant financial planning. You'll need capital for startup costs and operating reserves.

Startup costs

Budget for one-time expenses:

• Legal and entity formation: $2,000-$5,000
• Broker license (if needed): $1,000-$3,000
• Technology setup: $2,000-$15,000 (or $500-$2,000/month for platform like Brokurz)
• Website and branding: $3,000-$10,000
• MLS and association fees: $2,000-$5,000
• Insurance: $3,000-$8,000
• Marketing and launch: $3,000-$10,000
• Office space (if applicable): $0 (virtual) to $20,000+ (traditional)

Total startup cost: $15,000-$75,000 depending on model

Operating reserves

You need 6-12 months of operating expenses in reserve:

• Monthly technology costs: $500-$2,000
• Staff salaries (if applicable): $3,000-$8,000/month
• MLS and association dues: $200-$500/month
• Insurance: $300-$800/month
• Marketing: $1,000-$5,000/month
• Office rent (if applicable): $0-$20,000/month
• Miscellaneous: $500-$2,000/month

Total operating reserves needed: $30,000-$200,000+ depending on model and market

Revenue transition

Plan for a revenue dip during transition:

• Pending transactions: You may owe commissions to former brokerage
• Client transition time: Takes time to rebuild momentum
• Brand building: New brand needs time to establish
• Agent recruitment: If building a brokerage, recruitment takes time

Conservative estimate: Plan for 30-50% revenue reduction for first 3-6 months

Break-even analysis

Calculate when you'll become profitable:

• Monthly fixed costs
• Variable costs per transaction
• Average commission per transaction
• Number of transactions needed to break even

See our profit margins guide for detailed financial modeling.

Transition timeline: Making the move

A successful breakaway requires careful planning and execution. Here's a recommended timeline:

Phase 1: Preparation (Months 1-3)

Month 1: Planning and legal

• Review current agreement with attorney
• Develop business plan (see our business plan template)
• Secure broker license if needed
• Form business entity
• Set up business banking
• Obtain insurance

Month 2: Technology and operations

• Select technology platform (consider Brokurz for all-in-one solution)
• Set up systems and workflows
• Develop policies and procedures
• Apply for MLS membership
• Build website and establish online presence

Month 3: Branding and marketing

• Develop brand identity
• Create marketing materials
• Set up social media profiles
• Begin soft marketing (without announcing breakaway)
• Build email list and communication channels

Phase 2: Transition (Months 4-6)

Month 4: Announcement and transition

• Give notice to current brokerage (if required)
• Announce breakaway to clients and network
• Begin client transition process
• Handle pending transactions (may owe commissions to former brokerage)
• Launch new brand publicly

Month 5: Stabilization

• Complete client transitions
• Close pending transactions
• Establish new workflows and routines
• Begin agent recruitment (if building brokerage)
• Refine operations based on experience

Month 6: Growth

• Focus on new business development
• Scale agent recruitment
• Optimize operations
• Build market presence
• Track financial performance vs. projections

Retaining your team (if applicable)

If you're breaking away with a team, team retention is critical. Here's how to keep your team together:

Communication strategy

• Early communication: Tell your team about your plans early (but after legal review)
• Transparency: Be honest about timeline, expectations, and changes
• Address concerns: Listen to team concerns and address them proactively
• Regular updates: Keep team informed throughout transition

Value proposition

Show your team why the breakaway benefits them:

• Better commission splits
• Better technology and tools
• More support and resources
• Brand alignment and culture fit
• Growth opportunities

Legal considerations

• Review team agreements for restrictions
• Understand non-solicitation obligations
• Ensure team members can legally join you
• Work with attorney on team transition

Onboarding process

• Streamline onboarding to new brokerage
• Provide training on new systems
• Maintain continuity in workflows where possible
• Support team through transition

Client transition: Keeping your clients

Your clients are your most valuable asset. Here's how to transition them smoothly:

Legal and ethical considerations

• Review agreements: Understand your obligations to current brokerage
• Client ownership: Generally, clients belong to you, not your brokerage
• Pending transactions: You may owe commissions on deals in progress
• Ethical communication: Be professional and avoid disparaging former brokerage

Communication strategy

• Personal outreach: Call or meet with key clients personally
• Email announcement: Professional email explaining the transition
• Social media: Announce on your personal and business profiles
• Website update: Update your website and online presence
• Follow-up: Follow up to ensure clients know how to reach you

Value proposition

Explain to clients why the change benefits them:

• Same great service, now with more resources
• Better technology and tools
• More personalized attention
• Continuity in relationship

Pending transactions

• Communicate clearly about transaction status
• Ensure smooth handoff if needed
• Maintain professionalism throughout
• Fulfill all obligations to clients and former brokerage

Technology setup: Building your infrastructure

Your technology choices will significantly impact your success. Here's what you need:

Essential systems

• CRM and lead management: Track clients and leads
• Transaction management: Manage deals from contract to close
• Commission tracking: Calculate and track commissions
• Document management: Store and organize documents
• Communication tools: Email, messaging, video calls
• Website and IDX: Professional website with property search

All-in-one vs. best-of-breed

You have two main approaches:

• All-in-one platform (like Brokurz): Single system handling everything
• Best-of-breed: Separate tools for each function

All-in-one platforms offer:

• Lower total cost ($500-$2,000/month vs. $1,500-$5,000/month)
• Faster setup (days vs. weeks)
• Better integration (everything works together)
• Simpler management (one vendor, one login)

See our all-in-one vs. best-of-breed comparison.

Migration considerations

• Export data from old systems
• Import into new systems
• Train team on new tools
• Maintain access to old systems during transition
• Test everything before going live

Common challenges and how to overcome them

Breaking away comes with challenges. Here's how to handle the most common ones:

Legal disputes

Challenge: Former brokerage may claim commissions, clients, or violate non-compete

Solution: Work with attorney from the start, document everything, be professional, and consider mediation before litigation

Client retention

Challenge: Some clients may stay with former brokerage

Solution: Strong personal relationships, clear communication, demonstrate value, and be patient

Technology learning curve

Challenge: New systems take time to learn

Solution: Choose user-friendly platforms, invest in training, and use platforms with good support (like Brokurz)

Cash flow

Challenge: Revenue dip during transition

Solution: Plan for 6-12 months of reserves, minimize expenses, and focus on revenue generation

Isolation

Challenge: Missing brokerage support and community

Solution: Build your own network, join industry groups, and use technology platforms that provide community

How Brokurz simplifies your breakaway

Breaking away is complex, but Brokurz can make it significantly easier:

Complete technology platform

Instead of piecing together multiple tools, Brokurz provides:

• CRM and lead management
• Transaction management
• Commission tracking and payouts
• Agent management and onboarding
• Compliance and document management
• Reporting and analytics
• Training platform

Result: One platform, one login, one vendor relationship

Faster time to market

With Brokurz, you can be operational in days, not weeks:

• Pre-configured workflows
• Built-in compliance
• Quick setup and training
• 24/7 support

Cost savings

Brokurz costs $500-$2,000/month vs. $1,500-$5,000/month for best-of-breed approach. That's $12,000-$36,000 in annual savings.

White-label branding

With Brokurz white-label, you get:

• Your brand, your domain
• Customizable interface
• Full brand control
• Professional appearance

Scalability

Brokurz scales with you from solo broker to 500+ agents. No need to rebuild your tech stack as you grow.

Contact us to see how Brokurz can streamline your breakaway and reduce your technology costs.

FAQ: Breaking away from your brokerage

How long does the breakaway process take?

Typically 3-6 months from decision to full transition:

• Planning and legal: 1-2 months
• Technology and operations setup: 1-2 months
• Transition and stabilization: 1-2 months

Using platforms like Brokurz can accelerate the technology setup phase.

Can I take my clients with me?

Generally yes, but it depends on your agreement. Clients typically belong to you, not your brokerage. However:

• Review your agreement for any restrictions
• You may owe commissions on pending transactions
• Be professional and ethical in client communication
• Work with attorney to understand your specific situation

What happens to pending transactions?

Typically, you owe commissions to your former brokerage on transactions in progress at the time of your departure. The exact terms depend on your agreement. Work with your attorney to understand your obligations.

Do I need a broker license?

Yes, if you're starting your own brokerage. You need a broker license (not just an agent license). Requirements vary by state but typically include:

• 2-5 years of active agent experience
• Broker pre-licensing education
• Broker license exam
• Clean license record

How much money do I need?

You need:

• Startup costs: $15,000-$75,000
• Operating reserves: $30,000-$200,000+ (6-12 months of expenses)
• Total: $45,000-$275,000+ depending on model and market

Virtual brokerages using platforms like Brokurz can launch for less.

Can I break away with my team?

Yes, but review your agreements carefully. There may be restrictions on team member solicitation. Work with an attorney to ensure compliance.

What's the biggest risk?

The biggest risks are:

• Legal disputes: Former brokerage may claim commissions or clients
• Cash flow: Revenue dip during transition
• Client retention: Some clients may not follow you
• Technology failures: Poor systems hurt productivity

Proper planning, legal counsel, financial reserves, and good technology (like Brokurz) mitigate these risks.