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Im a Buyer in Virginia
A Realtor who we are no longer working with showed us a home.
Now 4 or 5 months later we are working with another realtor and the price of this home has come down to a point where we are considering it again.
We found this home on the internet and contacted the first realtor to show it to us. There was only one showing. No paperwork.
We are thinking about going back for a second look with our current realtor.
Has enough time lapsed so that the first realtor wont have any claim on commissions in case we do purchase?
The first Realtor can always claim, but procuring cause is about an unbroken chain of events that lead to the sale of that home. Clearly the chain was broken several months ago.
You and your current agent should have no problem. Sign a Buyers rep agreement for Representation with your current agent and make them your official agent.
As Silverfall mentioned plenty of time has elapsed. The old agent will probably never know you bought the house anyway.
You should look at your Buyer's agreement you signed with your first Realtor to see what ending date of the contract is - there may be implications of buying a home he/she has already shown you.
There never was a buyers agreement with either Realtor.
But I would like to delve into this "procuring cause" concept.
What constitutes procuring cause?
A) If a realtor finds me a house, and shows it to me is that procuring cause?
I'm thinking probably yes.
B) What about if I find a house on the internet, call a local Realtor, ask to see the house, and they show it to us. Period. no second showing, agreement or offer made.
Is that procuring cause?
If so, In this second scenario how long would the Realtor have a lock on us with the procuring cause?
one week? one month? three months?
Say we saw a home once, (scenario B) then a month later the price gets adjusted downward. and we want to take a second look.
The Realtor who originally showed us the house (once) is busy with the holidays.
Can we use another realtor without the first one calling foul and invoking the procuring cause argument?
Procuring cause is an unbroken chain of events leading up to a offer and hopefully a contract.
If you see a house you wish to view again in order to make an offer and the licensee who showed it to is busy, they will make arrangements with a colleague to show it to you.
If you wish to have your own representation, interview several and choose one, sign an agreement.
If you don't care about who gets paid or if your interests are represented - call whomever and write an offer. Let all the people you have worked with sort it out.
There never was a buyers agreement with either Realtor.
But I would like to delve into this "procuring cause" concept.
What constitutes procuring cause?
A) If a realtor finds me a house, and shows it to me is that procuring cause?
I'm thinking probably yes.
B) What about if I find a house on the internet, call a local Realtor, ask to see the house, and they show it to us. Period. no second showing, agreement or offer made.
Is that procuring cause?
If so, In this second scenario how long would the Realtor have a lock on us with the procuring cause?
one week? one month? three months?
Say we saw a home once, (scenario B) then a month later the price gets adjusted downward. and we want to take a second look.
The Realtor who originally showed us the house (once) is busy with the holidays.
Can we use another realtor without the first one calling foul and invoking the procuring cause argument?
YOU are NOT tied to procuring cause. That is a matter between agents. If you like your new agent move forward with them and don't worry about it. It's always nice when you tell your agent that another agent originally showed you the house, but don't stress about this.
If the first agent has not contacted you in some time, it may be considered abandonment. As Silverfall states in the above post, procuring cause is between agents. The client is not tied to it. A procuring cause claim by a Realtor is handled at the local Association of Realtors by a board of peers.
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