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Old 01-25-2018, 10:31 AM
 
Location: Florida -
8,238 posts, read 9,990,552 times
Reputation: 15076

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Quote:
Originally Posted by wellguy View Post
jghorton.....
Calm down. No one is trying to avoid taking the correct action.
Let me explain....
Our Young 20's Son sought the assistance of an Agent here in TX. Several situations came up and some made it obvious she was green behind the ears. Here's just one . She suggested the local crime stats not be looked at . My Son did find that there was a Registered Sex Offender several homes down. My Son has a Wife and young Son. No need to go into it deeper. BTW....She was verbally terminated along with a text.
He put his search on hold and before the Agreement expired bought a new home with the help of another Agent.
No further worries as a meeting has been scheduled with the Broker in Charge, the first Agent, the second Agent, her Attorney, and our Son.
In the future don't jump to any conclusions and assume Folks are trying to jip someone. If it turns out there is payment owed to the first Agent she will be payed. Be assured if I knew the answer to my question there would have been no need to post it here.

Sorry - I didn't mean to assume anything or offend, but, only to state what the question inferred or sounded like. The ultimate answer will, of course, be found in the signed agreement, not in the opinion of CD posters. Most such agreements are very specific about this type of situation.
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Old 01-25-2018, 12:59 PM
 
6,359 posts, read 7,321,320 times
Reputation: 10807
Quote:
Originally Posted by wellguy View Post
jghorton.....
Calm down. No one is trying to avoid taking the correct action.
Let me explain....
Our Young 20's Son sought the assistance of an Agent here in TX. Several situations came up and some made it obvious she was green behind the ears. Here's just one . She suggested the local crime stats not be looked at . My Son did find that there was a Registered Sex Offender several homes down. My Son has a Wife and young Son. No need to go into it deeper. BTW....She was verbally terminated along with a text.
He put his search on hold and before the Agreement expired bought a new home with the help of another Agent.
No further worries as a meeting has been scheduled with the Broker in Charge, the first Agent, the second Agent, her Attorney, and our Son.
In the future don't jump to any conclusions and assume Folks are trying to jip someone. If it turns out there is payment owed to the first Agent she will be payed. Be assured if I knew the answer to my question there would have been no need to post it here.
Well, that explains a lot. We've all made mistakes. Best wishes on getting this resolved satisfactorily.
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Old 01-25-2018, 01:20 PM
 
Location: Austin
7,077 posts, read 16,885,085 times
Reputation: 9484
Procuring cause is about the "unbroken chain of events." If your son was working with an agent and then put his search on hold. Chain is broken. If he then goes and sees a completely different house with another agent and the first agent was no where around, there is no chain that restarted as it was broken from the first agent. 2nd agent created a new chain of events.
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Old 01-26-2018, 04:16 AM
 
6,359 posts, read 7,321,320 times
Reputation: 10807
Quote:
Originally Posted by FalconheadWest View Post
Procuring cause is about the "unbroken chain of events." If your son was working with an agent and then put his search on hold. Chain is broken. If he then goes and sees a completely different house with another agent and the first agent was no where around, there is no chain that restarted as it was broken from the first agent. 2nd agent created a new chain of events.
That may be true about procuring cause, but this issue seems to hinge on what the son agreed to pay based upon the terms of the contract that he signed--and whether he was released from those obligations.

The agent might not have a claim against the commission paid by the Seller, but she might still have a case to collect a commission from the son. It all depends on the terms of the contract. I have no idea what those terms were, so the OP and the son will need to sort those things out, as they are apparently doing since they will be meeting with the Broker in Charge and the other parties involved.

In Texas, would a procuring cause argument defeat the terms of a Buyers Agreement? And are Buyers Agreements required to be standard in Texas--or can each have different terms?
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Old 01-26-2018, 05:54 AM
 
Location: Dallas/Ft. Worth, TX
1,855 posts, read 5,670,655 times
Reputation: 3060
Quote:
Originally Posted by jackmichigan View Post
That may be true about procuring cause, but this issue seems to hinge on what the son agreed to pay based upon the terms of the contract that he signed--and whether he was released from those obligations.

The agent might not have a claim against the commission paid by the Seller, but she might still have a case to collect a commission from the son. It all depends on the terms of the contract. I have no idea what those terms were, so the OP and the son will need to sort those things out, as they are apparently doing since they will be meeting with the Broker in Charge and the other parties involved.

In Texas, would a procuring cause argument defeat the terms of a Buyers Agreement? And are Buyers Agreements required to be standard in Texas--or can each have different terms?
This is a link to the Texas promulgated forms https://www.trec.texas.gov/forms-and-contracts . Contracts are required to have this basic language. Item 8 deals with Brokers' fees and as can be seen they are handled in a separate agreement. Also with the lack of any promulgated form for Brokers' fees, and the lack of specific requirements in the rules and laws, the agreement can basically be whatever the Agent/Broker and client agree to as long as it follows any other necessary consumer laws.
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Old 01-26-2018, 06:42 AM
 
6,359 posts, read 7,321,320 times
Reputation: 10807
Quote:
Originally Posted by escanlan View Post
This is a link to the Texas promulgated forms https://www.trec.texas.gov/forms-and-contracts . Contracts are required to have this basic language. Item 8 deals with Brokers' fees and as can be seen they are handled in a separate agreement. Also with the lack of any promulgated form for Brokers' fees, and the lack of specific requirements in the rules and laws, the agreement can basically be whatever the Agent/Broker and client agree to as long as it follows any other necessary consumer laws.
Thanks for the link. We don't have any required forms to use in Michigan--although many of the forms used are rather standard (e.g. REALTOR forms). The fact that Texas does not promulgate buyer representation forms is important to note. Hence, the terms of the Buyers Agreement mentioned in this thread remain unknown.
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