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Old 01-29-2018, 12:56 PM
 
Location: Vermont
10,097 posts, read 10,626,037 times
Reputation: 13461

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I see a question like that and the only answer that comes to my mind is "Lawyer".
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Old 01-29-2018, 06:05 PM
 
Location: Athol, Idaho
2,182 posts, read 1,058,712 times
Reputation: 3184
Quote:
Originally Posted by jackmccullough View Post
I see a question like that and the only answer that comes to my mind is "Lawyer".
Naw. Already decided its not worth it.
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Old 01-29-2018, 07:49 PM
 
Location: Salem, OR
13,750 posts, read 31,601,217 times
Reputation: 12124
Quote:
Originally Posted by I love boots. View Post
In Oregon they also ride naked in big groups of people on bikes. And it isn't relevant to my transaction in Idaho
Ah...so you didn't want to actually discuss it as you stated in your original post, you just wanted to know about your specific situation. Got it.

Actually, they only ride naked in Portland. It scares the rest of us.
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Old 01-29-2018, 07:57 PM
 
Location: Salem, OR
13,750 posts, read 31,601,217 times
Reputation: 12124
Quote:
Originally Posted by just_because View Post
Do the tenets of the procuring cause differ by state? It seems that the NAR defines the principle so wouldn't that meant that the definition/principles hold true across the US?
Not all agents are REALTORS® so they aren't going to use the NAR system for arbitration. Washington's largest MLS is a non-REALTOR® MLS and the one I belong to in Oregon isn't one either. They are independent entities. I assume that is why the Oregon Supreme Court ruled on it here.

I think it is a good ruling because sometimes a consumer realizes mid-transaction that they don't have a good agent and need to get out of the contract to protect themselves. In Oregon, they can rehire a better agent and rewrite an offer on that same property with better representation. It is good for consumers to not have their feet held to the fire with an inadequate agent.
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Old 01-29-2018, 10:11 PM
Status: "October is the eighth month" (set 26 days ago)
 
Location: Just south of Denver since 1989
10,684 posts, read 28,521,259 times
Reputation: 6850
We don’t have dual agency in CO. If the Sellers accept the 2nd offer get it closed and forget about them.

Former Profession standards committee member.
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Old 01-30-2018, 07:59 AM
 
Location: Athol, Idaho
2,182 posts, read 1,058,712 times
Reputation: 3184
Quote:
Originally Posted by Silverfall View Post
Ah...so you didn't want to actually discuss it as you stated in your original post, you just wanted to know about your specific situation. Got it.

Actually, they only ride naked in Portland. It scares the rest of us.
It did end up that way.. sorry.
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Old 01-30-2018, 09:01 AM
 
3,201 posts, read 2,733,817 times
Reputation: 6527
Bad situation for Boots but at least a listing gets sold. Most of us old-timers have had to handle an incompetent agent's side of the transaction for no extra pay. It sucks but it is what it is. Ultimately, a buyer has the right to representation. These particular buyers wasted that right by making a poor choice of representative. Next.
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Old 01-30-2018, 10:36 AM
 
Location: Boise, ID
8,013 posts, read 22,549,458 times
Reputation: 9233
I'm in Idaho, but have only once that I can think of had one of our agents go after another agent to collect commission on a procuring cause claim. It was new construction, and the agent took the buyer all over the place looking at the builder's product and picked out which floor plan they wanted and many of the finishes, and all over the subdivision to pick out which lot they wanted, and then the buyers went to the subdivision by themselves over a weekend and talked directly to the builder (who is a Realtor). They said they were working with our agent, and would like her to be there for the contract, but the builder/agent bullied them into writing the offer with them. But we didn't actually have to make a claim. Our broker called the builder and our agent ended up being listed on the contract in an addendum, and got paid. That was not even close to a gray area. Our agent was clearly the procuring cause. After the deal was done, we informed the local Realtor board about the situation, and were told that several builders, including them, were already under investigation for this sort of issue.

We've never had anyone make a procuring cause claim against us. At least nothing that even made it past the first conversation. We've had once or twice over the years that someone has called and said along the lines of "I gave them a lender's card a year ago" or "They came to my open house and I got their number that day". But since that was their only point of contact, that wasn't even close to a procuring cause claim, and it went away very quickly.

So I would say that procuring cause is very case-by-case dependent. Simply showing a house is likely not enough, but if you found the house, showed it to them, answered questions about it, sent them CCR's, etc, you may have a procuring cause claim.

Your case definitely falls in the gray area. You wrote the contract, but for some reason, the buyers didn't like it. Probably didn't like the dual rep situation. Some people don't. We never push that. If they want to use another agent, we understand that. Really the problem is that they didn't tell you. I'd let it go.
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