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Old 09-14-2008, 11:44 AM
 
80 posts, read 227,067 times
Reputation: 46
Default Procuring agent?

I have a question for y'all real estate professionals and thanks for your help in advance.

I was looking for a home in a particular subdivision in Florida. I was "working with" one real estate agent but she wasn't showing me what I was looking for; in particular, she was steering me toward pricer and bigger homes that I cared to live in at this stage of my life. I stopped looking for homes with her and left it at this - "if you see something unusual, that you think I would really like, please email the information to me." A few weeks later, the agent emailed me about a new home on the market that she felt was an unusually good buy and asked me if I was interested and wanted more information. I emailed back that I was interested and she sent me a photo show that said it was designed especially for me. After viewing the photos, I was not particularly impressed , but emailed back that it was a very nice house so she would not feel insulted after putting together the photo display.

A few months later, ready to buy, I went to look at houses with a second real estate agent, who listened to me at showed me a number of homes in the subdivision that were exactly what I was looking for. The nicest one of them turned out to be the same one the first agent sent me the photo show for. The photos did not do justice to the home, which was simply outstanding in design and quality in person, though you would not know it from the pictures.

Finally - my question - if I bought this home, who would be the "procuring agent?" The second agent actually showed the home, but I heard of it first from the first agent. I didn't ask the first agent to show it, but I did say that it was a lovely home and I was interested - also - the photo show said it was just for me, so I can't say I saw the pictures on a MLS website.
The second agent was most attentive to my needs, while I feel that the first one steered me only towards the homes she wanted to sell.

Although, this is my favorite home, I would not want to buy it and then have the first agent show up and claim the commission. The second agent worked very hard showing me homes and although neither one was a "buyer' agent" I felt that the second one put in much more effort and I would hate to see her lose her commission because of a technicality.

Thanks. P.S. As is is Florida - of course, there are lots of other nice homes.
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Old 09-14-2008, 11:54 AM
 
3,191 posts, read 5,548,093 times
Reputation: 2079
no signed buyer doohckey with the first one?? then I say go with the second as enough time has elapsed more than likely anyway...it is a business and sounds like the first one did no follow up...IMO you owe the first nothing
good luck, go for it

sign me been a buyer, been a seller
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Old 09-14-2008, 12:41 PM
 
Location: Nothing could be finer... I'm in S. Carolina!!
1,294 posts, read 4,744,078 times
Reputation: 398
i 2nd the 2nd one... (:

The first should have offered to take you to see the house and should have said the photos really don't do this house justice and I think you would like it. Unless you signed something, she can't claim commission.
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Old 09-14-2008, 01:19 PM
 
Location: Venice Florida
1,381 posts, read 3,584,422 times
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If a dispute over procuring cause were to arise I believe that the second agent would have a strong case. That's assuming that you go forward and make an offer which is accepted. The definition of procuring cause that I familiar with is; "the uninterrupted series of causal events which results in the successful transaction". Sending you information and photos that did not inspire you to want to even look at the house doesn't meet that definition.
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Old 09-14-2008, 01:24 PM
 
Location: Clarksville, TN
204 posts, read 504,808 times
Reputation: 75
If you did not have a buyer's agreement signed with the first agent, then I do not see how he/she could have a claim. The agent in which you sign an exclusive agency buyer agreement with would prevail.
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Old 09-14-2008, 01:45 PM
 
Location: Virginia Beach, VA
2,124 posts, read 5,626,297 times
Reputation: 752
Procuring Cause isn't established by just an exclusive buyers agreement.

However, in this case, I don't think agent 1 would have procuring cause. I would tell agent 2 that the series of events so she/he is prepared in case agent 1 tried to claim procuring cause.

shelly
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Old 09-14-2008, 03:50 PM
 
Location: Salem, OR
10,850 posts, read 18,116,894 times
Reputation: 6718
Agent 2. If procuring cause was about emailing a listing, then all of the buyer's who sign up for auto emails would have to use that agent and we'd have a mele on our hands for procuring cause. Emailing one listing several months in the past is not procuring cause. It has to be an UNBROKEN chain of events that led to the sale.
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Old 09-14-2008, 06:07 PM
 
80 posts, read 227,067 times
Reputation: 46
Thanks for your explanation. The unbroken chain of events would weigh in favor of the second agent. I would guess that the "chain" was broken with the first agent a while back when we stopped emailing.
tj3
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Old 09-14-2008, 06:10 PM
 
Location: Palm Coast, Fl
2,248 posts, read 5,779,195 times
Reputation: 967
The 2nd agent is procuring cause. She is the one that will be entitled to the commission.
The first agent has no claim to any part of the commission what so ever.
Go forward, purchase the house, be happy.
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Old 09-14-2008, 06:27 PM
 
Location: Salem, OR
10,850 posts, read 18,116,894 times
Reputation: 6718
Quote:
Originally Posted by tresjolie3 View Post
Thanks for your explanation. The unbroken chain of events would weigh in favor of the second agent. I would guess that the "chain" was broken with the first agent a while back when we stopped emailing.
tj3
Exactly.
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