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Old 01-25-2018, 05:52 PM
 
Location: Athol, Idaho
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Just for discussion.
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Old 01-25-2018, 06:02 PM
 
Location: Cary, NC
31,614 posts, read 55,335,524 times
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Agency and Procuring Cause | Realtor Magazine
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Old 01-25-2018, 06:09 PM
 
Location: Athol, Idaho
2,182 posts, read 1,056,749 times
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Quote:
Originally Posted by MikeJaquish View Post
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?
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Old 01-25-2018, 06:16 PM
 
Location: DFW - Coppell / Las Colinas
29,945 posts, read 34,545,221 times
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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.
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Old 01-25-2018, 06:16 PM
 
Location: Cary, NC
31,614 posts, read 55,335,524 times
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Quote:
Originally Posted by I love boots. View Post
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.

Another platitude :
Talk to your broker.
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Old 01-25-2018, 06:28 PM
 
Location: Rochester, WA
3,832 posts, read 2,056,232 times
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Quote:
Originally Posted by I love boots. View Post
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.
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Old 01-25-2018, 06:52 PM
 
Location: Raleigh NC
7,773 posts, read 6,123,712 times
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there is a legal standard, and I'm sure there's a practical standard.

Do you deal with ALL your clients strictly by the letter of the law? You may have a greater shot at "recovering" commission.

If you go by the "what's the future downside to fighting for these dollars?" then your answer might be different.
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Old 01-25-2018, 07:22 PM
 
Location: Athol, Idaho
2,182 posts, read 1,056,749 times
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Quote:
Originally Posted by Diana Holbrook View Post
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..
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Old 01-25-2018, 09:08 PM
 
Location: Needham, MA
6,324 posts, read 9,033,141 times
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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. View Post
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. View Post
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.
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Old 01-25-2018, 09:22 PM
 
Location: Athol, Idaho
2,182 posts, read 1,056,749 times
Reputation: 3184
Quote:
Originally Posted by MikePRU View Post
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?
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