Bartholomew and Associates Realty Inc., II v. Andrew Payne
What's This Case About?
Let’s cut straight to the drama: a real estate duo that once split a brokerage down the middle like a divorce settlement is now locked in a courtroom battle over who gets to keep which clients—and whether one of them stole $31,440 in commissions by doing what realtors do best: schmoozing, selling, and, apparently, backstabbing. Yes, this is not a murder mystery. There’s no body in a trunk. But in the high-stakes world of residential real estate, where a single luxury listing can mean a six-figure payday, betrayal cuts deep—and lawsuits follow fast.
Meet Bill Bartholomew and Andrew Payne: two licensed real estate agents who, for several years, co-owned Bartholomew and Associates Realty Inc., II, an Oklahoma-based brokerage they each owned 50% of. Think of it like a business marriage—two partners, equal shares, shared dreams of flipping houses and raking in commissions. Over time, both men built up their own client rosters—what the industry calls a “book of business,” which sounds like a dusty ledger but is actually a goldmine of contacts, past deals, and future paydays. Bill had his loyal homeowners and eager buyers; Andrew had his network, his contracts, his reputation. It was all humming along—until it wasn’t.
The split came, as these things often do, with a handshake deal and a vague sense of “let’s stay civil.” According to the filing, Bartholomew and Payne agreed to go their separate ways, with Bill taking full ownership of the company and Andrew walking away with nothing but his name off the door and, crucially, his own book of business. The understanding? You keep your clients. I keep mine. No poaching. No sneaky texts to my longtime sellers. No whispering sweet nothings to my buyers about how you could’ve gotten them a better deal. It was a clean(ish) break—on paper, at least.
But then, allegedly, Andrew Payne started acting less like a former partner and more like a corporate ninja.
According to Bartholomew’s lawsuit, Andrew didn’t just take his clients—he started dipping into Bill’s. The complaint claims Payne “interfered and breached the agreement not to solicit Plaintiff's customers” by, well, soliciting them. Hard. The kind of soliciting that comes with follow-up calls, listing appointments, and, most damningly, commission checks. The filing says Bartholomew lost out on at least $31,440 in commissions—money that should’ve gone to him when certain properties sold—because Andrew swooped in and took over deals that were rightfully part of Bill’s territory. It’s like if you left your law firm and then started calling all your old clients to say, “Hey, remember me? I’m cheaper and I work from a yurt now.” Uncool. Possibly illegal. Definitely lawsuit-worthy.
And if that wasn’t enough drama, there’s the other bill: $6,662. That’s not a typo. Yes, the number is oddly specific—and yes, it does look like something out of a horror movie (“The client owes $6,662… and his soul”). But in this case, it’s just cold, hard accounting. Before the split, Bartholomew and Payne had agreed to split profits and expenses. And apparently, Andrew never paid his half of some outstanding business costs. So now, on top of being accused of client theft, he’s also being chased for what amounts to a moderately expensive home renovation. Or, if you’re being dramatic, the cost of one very fancy Realtor®️-branded golf weekend.
So why are we in court? Let’s break it down without the legalese. The first claim is for “breach of agreement”—which, in human terms, means: “We had a deal, you broke it, and now I want my money.” Bartholomew is arguing that the “hands-off” agreement about client books was part of their separation deal, and Payne violated it by going after Bill’s people. The second claim? That’s just basic math: you agreed to pay half the bills, you didn’t, so here’s a bill. Simple as that.
Now, let’s talk numbers. Is $31,440 a lot for a real estate spat? In the grand scheme of lawsuits, it’s not exactly Wolf of Wall Street territory. But in the world of residential real estate—where a single commission check can range from a few thousand to tens of thousands depending on the sale—it’s very significant. We’re talking about multiple transactions here. This isn’t one rogue deal gone sideways. This is allegedly a pattern. A campaign. A takeover. And when you add in the $6,662, we’re looking at a total ask of nearly $38,000—enough to buy a nice suburban starter home in parts of Oklahoma, or at least a really good down payment. So no, this isn’t chump change. This is serious money in small-time real estate.
Now, here’s where it gets juicy: the filing doesn’t say how Andrew allegedly stole these clients. Did he cold-call them? Did he send “I miss working with you” emails? Did he run into someone at a PTA meeting and casually mention he’s back in the market? We don’t know. But the implication is that he didn’t just passively benefit from referrals—he actively went after them. And in the real estate game, where relationships are everything and loyalty is currency, that’s the ultimate sin. It’s not just about the money. It’s about trust. And trust, once broken, is harder to sell than a haunted house.
What’s wild here isn’t just the money or the betrayal—it’s the pettiness. These are two grown men, both presumably successful in their field, who can’t part ways without dragging each other into district court over client lists and expense reports. It’s like a breakup where one person changes the Netflix password and keeps the couch. But instead of furniture, it’s people. Human beings reduced to line items on a profit-and-loss statement. “Client #7: $4,200 in lost commissions.” “Seller in Edmond: emotional damage, plus 3%.”
And yet… we can’t help but wonder: was the agreement even enforceable? Can you really sign a paper that says “you can’t talk to my clients ever again” and expect that to hold up? In some industries, non-competes are common. But real estate? Agents build their careers on relationships. If a client wants to follow Andrew, can you really stop them? Or is Bartholomew trying to put a fence around people who aren’t actually his property?
Look, we’re not saying Andrew Payne is innocent. The allegations are serious, and if even half of this is true, he played dirty. But there’s also something almost Shakespearean about this feud—two partners, once equal, now locked in a battle over who owns the past. Was it ever fair to assume that clients would stay loyal to a company rather than the person they’ve been working with for years? Maybe Bartholomew should’ve seen this coming. Maybe in real estate, loyalty is always provisional. Maybe the real mistake wasn’t Andrew’s poaching—it was thinking you could split a business like a pizza and expect everyone to stay happy with their slice.
At the end of the day, this isn’t just about $31,440. It’s about ego. It’s about control. It’s about two men who built something together and couldn’t figure out how to walk away without dragging each other through the mud. And honestly? We’re here for it. Bring on the depositions. The awkward courtroom encounters. The inevitable LinkedIn drama. Because in the world of civil court, sometimes the most explosive cases aren’t about murder or fraud—they’re about who gets to sell the three-bedroom in Norman. And baby, that’s real bloodsport.
Case Overview
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Bartholomew and Associates Realty Inc., II
business
Rep: Mark D. Mitchell
- Andrew Payne individual
| # | Cause of Action | Description |
|---|---|---|
| 1 | breach of agreement | poaching customers |
| 2 | unpaid expenses | owed $6,662.00 |