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Old 08-31-2019, 02:09 PM
 
Location: planet earth
5,305 posts, read 2,028,565 times
Reputation: 11743

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Quote:
Originally Posted by dontaskwhy View Post
I could get "dicey" if the OP made an offer on a home that the fired Realtor showed them.
If the agent is the "procuring cause" of the sale, then she would probably be entitled to compensation.

The OP should research that aspect of things.
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Old 08-31-2019, 02:21 PM
 
Location: Just south of Denver since 1989
10,947 posts, read 29,578,643 times
Reputation: 7175
Quote:
Originally Posted by nobodysbusiness View Post
If the agent is the "procuring cause" of the sale, then she would probably be entitled to compensation.

The OP should research that aspect of things.
Procuring cause is nothing for the buyer to worry about. Itís between brokerages. If you think you want one of the properties shown to you by agent one, go visit agin with agent two.
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Old 08-31-2019, 03:08 PM
 
Location: Columbia SC
9,220 posts, read 7,968,945 times
Reputation: 12721
Quote:
Originally Posted by nobodysbusiness View Post
If the agent is the "procuring cause" of the sale, then she would probably be entitled to compensation.

The OP should research that aspect of things.
The OP said she did not sign anything so how can an agent claim a piece of the action?
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Old 08-31-2019, 04:24 PM
 
Location: Gainesville, FL
365 posts, read 84,119 times
Reputation: 464
Quote:
Originally Posted by johngolf View Post
The OP said she did not sign anything so how can an agent claim a piece of the action?
It wouldnít be hard to produce emails that detail their previous meetings and listings that were sent.

Whether or not it can be proved doesnít change the fact that itís slimy to use one person and then go with another to do the deal. Most buyers donít even think about this, though. The original BA can easily find out this info and make a claim for commission. This is why itís always important to ask if a buyer is already represented. We have no choice but to take their word for it.
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Old 08-31-2019, 05:55 PM
 
Location: Sarasota/ Bradenton - University Pkwy area
3,289 posts, read 4,691,460 times
Reputation: 2927
Quote:
Originally Posted by Spottednikes View Post
Aa a realtor i would prefer a buyer tell me "x" I really appreciate the time you took sending me listings and showing me homes, but i just don't feel like we click, and am going to take a break from looking, and probably try out another realtor. I feel like i need "x" to be comfortable with making a purchase of my next home. Obviously, if i choose a home you found and showed us, i would use you to complete the sale. (Surely you would...i hope). I don't want there to be hard feelings, and i wanted to let you know rather than just disappearing."


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Old 08-31-2019, 06:07 PM
 
Location: Sarasota/ Bradenton - University Pkwy area
3,289 posts, read 4,691,460 times
Reputation: 2927
Quote:
Originally Posted by nobodysbusiness View Post
If the agent is the "procuring cause" of the sale, then she would probably be entitled to compensation.

The OP should research that aspect of things.

An agent showing a property to a buyer does not necessarily give them a "procuring cause" right to a commission if that buyer ends up going thru another agent.

Procuring cause is more complicated than that. Agents need to show that they initiated an unbroken chain of events that resulted in the deal between the buyer and the seller. Generally, the law requires more than simply showing the property to the buyer. The broker or salesperson must have ignited an interest in the buyer that ultimately led to the actual purchase, which could include a number of factors.


If the original poster wants to drop the current agent to find another that is a better fit, the best thing to do is to call the agent but to also follow up with an email stating the main points of the conversation as to why the OP is ending contact with the original agent. That way the OP's new agent should not have issues with procuring cause down the line because the buyer broke the chain of events with the original agent and there's written proof of it.
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Old 08-31-2019, 07:12 PM
 
526 posts, read 716,537 times
Reputation: 719
Gosh I’m so grateful for all the info and suggestions! I really appreciate it....will write more later.
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Old 08-31-2019, 07:17 PM
 
526 posts, read 716,537 times
Reputation: 719
Quote:
Originally Posted by Sunshine Rules View Post
An agent showing a property to a buyer does not necessarily give them a "procuring cause" right to a commission if that buyer ends up going thru another agent.

Procuring cause is more complicated than that. Agents need to show that they initiated an unbroken chain of events that resulted in the deal between the buyer and the seller. Generally, the law requires more than simply showing the property to the buyer. The broker or salesperson must have ignited an interest in the buyer that ultimately led to the actual purchase, which could include a number of factors.


If the original poster wants to drop the current agent to find another that is a better fit, the best thing to do is to call the agent but to also follow up with an email stating the main points of the conversation as to why the OP is ending contact with the original agent. That way the OP's new agent should not have issues with procuring cause down the line because the buyer broke the chain of events with the original agent and there's written proof of it.
I havenít signed any agreement with the realtor, so would this really be necessary? In addition, I didnít like any of the properties she showed me so I wonít be taking a second look at any of them.
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Old 08-31-2019, 07:20 PM
 
526 posts, read 716,537 times
Reputation: 719
Quote:
Originally Posted by Spottednikes View Post
Aa a realtor i would prefer a buyer tell me "x" I really appreciate the time you took sending me listings and showing me homes, but i just don't feel like we click, and am going to take a break from looking, and probably try out another realtor. I feel like i need "x" to be comfortable with making a purchase of my next home. Obviously, if i choose a home you found and showed us, i would use you to complete the sale. (Surely you would...i hope). I don't want there to be hard feelings, and i wanted to let you know rather than just disappearing."
Thank you very much....This is what Iím likely to do.
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Old 08-31-2019, 07:22 PM
 
526 posts, read 716,537 times
Reputation: 719
Quote:
Originally Posted by jghorton View Post
You have no obligation, implied or otherwise, to only deal with one realtor (unless you have an exclusive contract). OTOH, as another poster pointed-out, it would be unethical for you to ask a second realtor to re-show you a property that you already viewed with Realtor #1.

If you still feel uncomfortable about working with another realtor, send Realtor #1 a gift card/gas card and thank her for her service ... and perhaps tell her you've decided to "go another direction"
Great idea, thank you!
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