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Old 10-16-2012, 04:13 PM
 
Location: Tempe, Arizona
4,511 posts, read 11,557,926 times
Reputation: 2179

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Quote:
Originally Posted by Silverfall View Post
...I really think you are confusing the consumers with your statements. All consumers need to know is that they can change representation if they don't like their agent. If they want to make an offer on a house that they looked at with another agent, just share that with their current agent and let them deal with it if necessary. That is all consumers need to know. It is the consumers job to ensure they are comfortable with their representation and it is the agent's job to ensure they are paid for services.
Exactly .
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Old 10-16-2012, 04:16 PM
 
Location: Tempe, Arizona
4,511 posts, read 11,557,926 times
Reputation: 2179
Quote:
Originally Posted by QuilterChick View Post
...he needs valid advice specific to his location so he is SURE how to proceed so that arguments and hard feelings between agents are avoided, ....
And why is this any concern of the OP? That's for his agent to manage.

OP, if your agent is uncertain how to proceed, ask him to consult with his managing broker for advice.
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Old 10-16-2012, 05:09 PM
 
Location: Columbia, SC
8,844 posts, read 17,443,646 times
Reputation: 6199
Quote:
Originally Posted by Silverfall View Post
Procuring cause looks at agent behavior as part of it, so if a buyer is uncomfortable writing an offer with an agent due to their behavior that counts in the arbitration panel's decision if they were procuring cause or not. Whatever myths you heard as an agent about writing or showing offers years ago isn't relevant. NAR banned those board practices many years ago.
I don't care about procuring cause in this case to be clear. That's between the agents and doesn't affect the consumer.

My question is this: Does the original offer create an implied agency agreement in which the first agent could go after the buyer for a commission if they buy he home through another agent? I think the answer to that is maybe. If so, that would affect the consumer if they lose a judgment and have to pay the agent out of pocket. That goes back to my original statement that if any sort of agency relationship was created some sort of release would be needed before pursuing the property with agent 2 in order to protect the OP. Of course my scenario is a lot of ifs- if an implied agency was created, if agent 1 finds out about the purchase of the home, if agent 1 then elects to pursue the commission, if the court or magistrate were to actually rule in favor of the agent.

I hope that clarifies my position on why I feel the buyer would do well to look into it or have their new agent look into it and/or make some sort of guarantee.
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Old 10-16-2012, 05:48 PM
 
Location: Tempe, Arizona
4,511 posts, read 11,557,926 times
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Quote:
Originally Posted by Brandon Hoffman View Post
...My question is this: Does the original offer create an implied agency agreement in which the first agent could go after the buyer for a commission if they buy he home through another agent? I think the answer to that is maybe. ...
But an implied agency agreement is not an employment agreement requiring a fee to be paid. It just defines the agent/buyer agency relationship and duties. And yes, even the 1st agent would still have some residual duties to the OP such as confidentiality, but again, this does not imply any fee is due to that agent. They would need a written employment agreement for that to be the case. The only possible source of payment agent #1 can go after is the 2nd agent if procuring cause can be proven.
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Old 10-17-2012, 07:55 AM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 12,674,573 times
Reputation: 3809
Quote:
Originally Posted by house_confused View Post
...
I worked with agent 1 for some more time after my first offer failure. I did not like the way he working when I asked him to put an offer on another house, which also did not work out. So, I decided to go with some one else. I hope it clarifies stuff...
One primary condition in procuring cause is that there be an "unbroken" chain of events leading to the purchase of the home.

I posted this link earlier: Procuring Cause and MLS Co-Brokerage Commission Agreements between Brokers - October 2010; and Silverfall posted about the same language.

In your case, there appears to be a broken chain.
  • You made an offer through Agent A on house 1 which was rejected
  • You continued to look at other homes with your agent
  • You left agent A to work with agent B
  • You looked at other homes with agent B
  • You now decide to make another offer on house 1.
In my opinion the chain was broken when you looked at other homes with Agent A.
It was further broken when you looked at other homes with Agent B

An unbroken chain would go like this:
  • Make offer on house 1 with agent A
  • Offer rejected
  • Fire agent A
  • Hire agent B
  • Make new offer with agent B on house 1.
If someone tries to fake a break in the chain, that could be a different story and:
  • Make offer on house 1 with agent A
  • Offer rejected
  • Fire agent A
  • Hire agent B
  • In order to fake a break in the chain, look at a few houses with agent B
  • Then make new offer with agent B on house 1.
But the chain in your event appears to me to be clearly broken when you looked at other houses with agent A after the rejected offer.

Still you want to inform the agent of the events, and let them work it out.
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Old 10-17-2012, 10:51 AM
 
Location: Salem, OR
13,741 posts, read 31,562,927 times
Reputation: 12105
Quote:
Originally Posted by rjrcm View Post
But an implied agency agreement is not an employment agreement requiring a fee to be paid. It just defines the agent/buyer agency relationship and duties. And yes, even the 1st agent would still have some residual duties to the OP such as confidentiality, but again, this does not imply any fee is due to that agent. They would need a written employment agreement for that to be the case. The only possible source of payment agent #1 can go after is the 2nd agent if procuring cause can be proven.
I agree. How can a buyer be forced to pay for a service when they didn't agree to pay for it in the first place? The first thing an attorney would ask for is a copy of the employment agreement stating the fee the buyer agreed to pay the agent for services rendered.
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