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Not true. Simply showing the property does not equal procuring cause.
Exactly. Here's a common definition of procuring cause: the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object.
While it does sound like your agent is dropping the ball, taking days or weeks to respond to your requests for paperwork, there is one possible explanation for the listing agent not having heard of you. If the listing is a HUD home. If that is so, the listing agent wouldn't necessarily know who you were, because your agent or their broker would have put the offer in directly through the HUD website.
However, offers on HUD homes shouldn't take that long to get a response. HUD offer results are posted publicly on their website, so if it IS a HUD home, you could look up the results (and dates) yourself. If it isn't a HUD home, then there is no reason the listing agent wouldn't have heard of you, unless the listing was marked that offers are to be made directly to the seller (which is an option in my area's MLS, but maybe not yours).
I think many contracts outline whom represents whom. Doesn't it say somewhere on your contract that you are represented by your agent and the seller is represented by the listing agent?
Yes it does. If that is enough to constitute a proper contract with our realtor, that's fine.
We aren't planning to fire our realtor unless things continue to go wrong. However, if we lose this house due to his "delays" and no other reason, we might want to take some legal steps. I'm concerned that the bank was going to take the house off the market as of August 11 and put it up for auction ... how hard and fast is that kind of plan, now that we have a solid offer on their table? We'd be glad to close in 10 days if they want that, but the kind of mortgage loan we are doing will take longer -- could get into September. We are doing a Streamlined 203(k) to have money to do the rehab/renovation the house needs, and we are told that this type loan simply takes longer due to red tape. If ours is the only offer on this house, is it likely the bank will work with us in terms of the time we need?
As to the house being a HUD home, I don't believe it is. I've been to the HUD website and this house is not listed there.
Exactly. Here's a common definition of procuring cause: the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object.
Customer A calls and says I would like to see the home you have listed you set up a time and meet them at the home and show it to them they go home to think about it and their friend says hey so and so just got their real estate license so they write and offer with so and so. The commission goes to the agent that showed them the home because they are the procuring cause.
Customer A calls and says I would like to see the home you have listed you set up a time and meet them at the home and show it to them they go home to think about it and their friend says hey so and so just got their real estate license so they write and offer with so and so. The commission goes to the agent that showed them the home because they are the procuring cause.
Okay, so I am wondering now "how long" the bank has before it responds to our offer? We were told the paperwork had been delivered to the bank as of last Thursday (June 22), so that will be 3 business days as of tomorrow.
By the way, this is in Arizona -- from reading on this forum, apparently times to respond on real estate sales matters differ from one state to another. Does anyone know what the time frames are in AZ? Or where I could find out?
I am appreciating the thoughtful responses very much.
When it comes to a violation of the law, the jurisdiction belongs to the state real estate commission, when a violation of a contract (ethics) has occurred, the jurisdicition belongs to the National Association of Realtors (NAR) and its subsidaries (state & local boards).
Actually, isn't it REC enforces rules and the courts enforce laws? Ethics violations could fall under rules or laws depending on what the violation is. I'm not certain about it so anyone reading this would be wise to look it up if it matters to them or check with the RE commission.
Customer A calls and says I would like to see the home you have listed you set up a time and meet them at the home and show it to them they go home to think about it and their friend says hey so and so just got their real estate license so they write and offer with so and so. The commission goes to the agent that showed them the home because they are the procuring cause.
Sorry bud, but showing a home does not create implied agency. That customer is a customer. Don't think the showing agent wins that case.
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