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Eh, it depends. It really does. Here the procuring cause issue would go before the board if another Realtor is involved. It doesn't generally involve the buyer or the seller except via a statement if either wants to give one, usually written. They can be asked by the Realtor to come and 'testify' but generally that doesn't happen. And you can't talk about what happens in the hearing or the realtors can be sanctioned. The buyer/seller can of course but generally, IMO, they've already moved on, their living their lives and already know they screwed someone or they were ignorant as to how it works and have learned something so they don't bother. The case doesn't happen until after closing and since there is a process, it's generally 2 months or more before an actual hearing unless you go for arbitration and settle it. Since it's handled by board members they aren't bound by the same things a court would be bound by. And generally the one with the most paperwork and records wins the case.
In the OP case, since another Realtor wouldn't be involved, the buyer and seller would be working directly with one another, the Realtor could sue. Would he win? I don't know. And like I said, unless it's a high end house it would probably cost more time and money than it's worth and wouldn't happen.
As for your case? It would be up to my broker what should be done but she wouldn't be happy with a 25% referral fee, I'll tell ya that, lol.
The listing agreement should cover this. If a Buyer saw the house when the listing agreement was in effect and returns within a certain period of time after it's termination, the LA is entitled to his/her commission. The Buyer "appeared" while that contract was was active. I think the Buyer Agent has more of a problem unless there was a Buyer Agency Agreement in effect at the time. If not, the BA is up the creek without a paddle if Uncle Bob doesn't want to play nice. I sense a family feud in the works. Next Thanksgiving/Christmas should be interesting.
I don't think it matters if Uncle Bob saw the home while it was listed. The listing agent would be owed a commission by the seller. Now, if the OP wants to be paid he'd better have a buyer agency or whatever his state requires. Of course, I think since it's same company it should be ok.
Thanks to all of you who posted. I wanted to give you all an update. I am a transaction broker in Florida. The listing agreement does have a clause that states for 12 months following expiration of listing, if home is sold to someone who saw the house while listing is active - full commission is due to the listing agency, (unless the house is relisted with another agency, in which case no commission of due). Now in practice, some agents in my office said good luck with that - actually going after a commission if the sellers sold it to my uncle, and do you really want the bad press and all.
The upshot is, my broker advised me that I should call the listing agent and discuss with him; however, the listing agent called me today to inform me that he is, in fact relisting the property. And my uncle, well, he still hasn't decided whether or not to make an offer.
Sheesh. Relatives.
Again thanks to all.
The listing agreement should cover this. If a Buyer saw the house when the listing agreement was in effect and returns within a certain period of time after it's termination, the LA is entitled to his/her commission. The Buyer "appeared" while that contract was was active. I think the Buyer Agent has more of a problem unless there was a Buyer Agency Agreement in effect at the time. If not, the BA is up the creek without a paddle if Uncle Bob doesn't want to play nice. I sense a family feud in the works. Next Thanksgiving/Christmas should be interesting.
Actually, it's the listing BROKER that's entitled a commission. That BROKER can then decide whether & how much to pay each of the agents involved. Mr. Seller, do you want to sellthis house?
Mr. Buyer, do you want to buy this house?
Let's sit down & put the details together, shall we?
Thank you for the update! It's wonderful when we get the final outcome.
Wow...12 months? You guys write it up for 12 months? I do 120 days.
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