which realtor gets comission?

[olecapt]

Originally Posted by Captain Bill

The excerpt below is from the book Arizona Real Estate, A Professional's Guide to Law and Practice, by Michelle Lind, Esq., General Counsel Arizona Association of Realtors.

In regard to what constitutes "procuring cause," the NAR Code of Ethics and Arbitration Manual, Appendix II, Part 10 states:

Procuring cause disputes between sellers and listing brokers are often decided in court. The reasoning relied on by the courts in resolving such claims is articulated in Black's Law Dictionary, Fifth Edition, definition of procuring cause:

The proximate cause; the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object. The inducing cause; the direct or proximate cause. Substantially synonymous with "efficient cause"

A broker will be regarded as the procuring cause of a sale, so as to be entitled to commission,if his efforts are the foundation on which the negotiations resulting in a sale are begun. A cause originating a series of events which, without break in their continuity, result in accomplishment of prime objective of the employment of the broker who is producing a purchaser " ready, willing and able" to buy real estate on the owner's terms.
Mohamed v. Robbins, 23 Ariz. App. 195, 531 P.2d 928,930.

HOw does that help? Define "without break in continuity". Does not changing Agents break continuity? Can a listing agent claim procuring cause on a transaction where he does not have the needed permission to represent the buyer?

[Captain Bill]

Originally Posted by olecapt

HOw does that help? Define "without break in continuity". Does not changing Agents break continuity? Can a listing agent claim procuring cause on a transaction where he does not have the needed permission to represent the buyer?

Understand the law and the case law to show how it is applied should be of great help.

Changing of agent could mean that the new agent is interfering with the chain.

Agent x shows properties to client. Client falls in love with house A and tells agent x that she wants to make an offer on the property but wants her father to look at it. Father looks at it and likes it. Tells agent x they will decide on an offer tomorrow.

Father tells daughter he has a realtor friend, agent y and advises her to write the offer through agent y.

Daughter calls agent x and says she is no longer interested in the house, and doesn't like agent x's attitude.

Agent y tells daughter she should look at a couple of other houses before making a decision.

Daughter takes the suggestion and looks at a couple other houses. Still loves house A.

Daughter writes offer on house A with agent y. and buys house A.

Who is the procuring cause?
Who should have the commission?
Why?