Hello. A real estate agent with whom we did not have a Buyer's Agent agreement has been sending us MLS listings via email. We looked at the emails, visited several properties with him but found none that we liked.

We decided to work with another Buyer's Agent whom we determined better understood our needs. This second agent has sent us an email with a description and photographs of a property that is of interest to us-- but it turns out that the same property was listed in an email the first agent sent to us. If we purchase the property, is the second agent considered the 'procuring cause?' Or does the mere fact that the first agent included the property in a list generated by an online MLS search but took no further action with us define him as the procuring cause?


Any advice or opinions would be appreciated!

In Georgia, typically the agent who physically shows the property is considered procuring cause.

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Matt Scoggins
Metro House Hunters, Inc.
678-520-5382

Atlanta Georgia Real Estate | Atlanta Luxury Homes | Alpharetta Real Estate

if you have no buyer's agreement, then I wouldn't worry

general def, "The proximate cause, the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object"

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Consumers are entitled to work with someone who they are comfortable with. The first agent did not do the job right so you are OK to work with the second agent. Procuring cause involves more than giving a list to somebody.

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Serving all your Outer Banks real estate needs and for the latest OBX events visit the Outer Banks Community Forum.

if he showed you the property, he is the procuring cause. If he didn't did you learn of the property from him or the new agent?

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jason + associates
DwellAtlanta.Com
Solid Source Realty Inc.
iPhone 404.895.9618

I live and breathe Atlanta Real Estate with a specilization in Buckhead Real Estate
and Atlanta Condos. Your referrals will be treated with the utmost care and consideration and are always greatly appreciated.

In Texas, procuring cause is a lot more involved than just getting MLS listings or having met with an agent. Now if they showed you the property, but did not have an agreement, they MIGHT be able to claim procuring cause but even at that, it's VERY difficult to prove as there was not an established agreement with the agent. I'm not a lawyer, but I would discuss it with your new agent just so they are on top of it and move forward from there. I know if you presented this scenario to me, I would not consider the other agent as procurring cause and would do my very best to help you with your home purchase!

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