Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
People can post links and the code of ethics all day long. Due to something I'm dealing with at the moment I've done my own research and it can be gray. Do you have any original thoughts of your own?
To me, procuring cause is the action that caused the transaction to be 100% finalized.
We show a lot of houses to clients who claim "No agent" then receive an offer from some discount guy who writes the offer and has never seen the house. As much as I dislike, who showed the house does not have procuring cause.
It is Grey many times like when the agent gets licked out at the last minute from a Builder for some kickback agent. It's what keeps Realtor Arbitration boards in business.
Buyer Rep agreements are almost useless. Our company would never sue a Buyer for a commission.
People can post links and the code of ethics all day long. Due to something I'm dealing with at the moment I've done my own research and it can be gray. Do you have any original thoughts of your own?
Yeah, I do.
I don't squabble about commissions. It NEVER elevates agents in the eyes of consumers.
People can post links and the code of ethics all day long. Due to something I'm dealing with at the moment I've done my own research and it can be gray. Do you have any original thoughts of your own?
Well, you did ask a vague impersonal question, you got a vague impersonal answer.
Tell us more about your situation if you want a more interesting conversation.
Well, you did ask a vague impersonal question, you got a vague impersonal answer.
Tell us more about your situation if you want a more interesting conversation.
OK
lets say you are a dual agency agent. You write a contract and the buyers leave your office and a few hours later you get a call from another agent that the buyers are now his and he is taking your client. And he's writing an offer for the same house that is just about identical to the one you just wrote for the exact same house. He only calls you after he has done all the paper work and won't listen to you. Thinks he has it in the bag because it wasn't fully executed, even does something stupid like write in the contract that the listing agent(me) collected earnest money, had them sign property disclosures etc.
Am I missing something here? If it were me the first thing I would do is pick up the phone and call the agent to see what is going on before I did anything. I mean honestly the way this went together maybe the buyers aren't comfortable with dual agency, who knows? In a situation like this I would work that out with a referral fee but this agent didn't give me a chance.
He's never even been to the property let alone showed it to them.
I am not talking about going after a buyer for a commission. I don't think I could do that. But I am going after him.
I'll just add that my broker is flabbergasted at this whole thing and there is much more to the story, the way the contract is written etc. I don't think the guy knows what he's doing anyhow. I think he deserves nothing.
Last edited by I love boots.; 01-25-2018 at 07:42 PM..
Let me just start by saying this is a really cruddy situation. Those buyers and this agent have both treated you very unfairly. I don't understand why some people refuse to treat agents with even a modicum of decency. If they didn't want you to represent them, then they should have had the decency to tell you that they'd like to change representation.
Quote:
Originally Posted by I love boots.
He's never even been to the property let alone showed it to them.
I have to say . . . this is the most common thing I hear coming from the mouth of an agent who feels they've been screwed out of a commission. However, who showed the property (once upon a time called the threshold rule) is no longer considered a measure of procuring cause. My office has paid agents who have done nothing but submit an offer. They weren't at the showings and they weren't at the inspection. They may have been at the walk thru and the closing though. Either way, that's just called poor representation.
Quote:
Originally Posted by I love boots.
I'll just add that my broker is flabbergasted at this whole thing and there is much more to the story, the way the contract is written etc. I don't think the guy knows what he's doing anyhow. I think he deserves nothing.
If your broker is really behind you and they truly feel you have a case, then ask them not to pay out the co-broke fee. Instead let them take you before the grievance board. You can let them decide although personally I don't think you have much of a case.
Let me just start by saying this is a really cruddy situation. Those buyers and this agent have both treated you very unfairly. I don't understand why some people refuse to treat agents with even a modicum of decency. If they didn't want you to represent them, then they should have had the decency to tell you that they'd like to change representation.
I have to say . . . this is the most common thing I hear coming from the mouth of an agent who feels they've been screwed out of a commission. However, who showed the property (once upon a time called the threshold rule) is no longer considered a measure of procuring cause. My office has paid agents who have done nothing but submit an offer. They weren't at the showings and they weren't at the inspection. They may have been at the walk thru and the closing though. Either way, that's just called poor representation.
If your broker is really behind you and they truly feel you have a case, then ask them not to pay out the co-broke fee. Instead let them take you before the grievance board. You can let them decide although personally I don't think you have much of a case.
Why don't I have a case?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
