Q: The listing agent is trying to take both sides of a transaction - This is what i have - contracts signed and time stamped prior to transaction - I have MLS printout of property dated 3 days prior to an email from the client stating he saw the property first through this listing sheet- i have an relationship with the clients without breaks - I did not go to either showings or a inspection but when to the final walk through and the closing - who is the P.C.?

Seems pretty straightforward. You need to talk with your broker about it though. On what basis is the LA trying to say that they are the procurring cause?

Showing the home is not necessarily procurring cause. That is generally determined by the person who first brought the particular home to the attention of the buyer. If you have documents indicating that you brought the buyer, it should be a little easier to prove than if it was your word against theirs.

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Ryan Ward, REALTOR® - Keller Williams Realty Consultants. (404) 630-3187
Atlanta Real Estate - My featured area is Alpharetta Real Estate and it is where I call home. Read my Atlanta Real Estate blog.

Do you have a representation agreement with the buyer?

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Steve Castaneda, Realtor
Keller Williams Realty
The MyHomeHouston Team

Specializing in Houston Real Estate. Feel free to visit my Houston Real Estate Blog or read about Real Estate Technology for agents.

My understanding of Procuring Cause is not just who introduced the party to the property first, rather it refers to a "chain of events" that "causes" an individual to do something, in this case, buy a home. Going to the showings and inspections (maybe not by you, but a representative) is considered part of the chain of events. Did the listing agent go to these appointments?? Do you have a record of emails or conversations, etc., to show that you were involved in the buyers decission making? Who wrote up the contract? Who took the deposit? I personally think you will have a tough time at a hearing, but I wish you luck.

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Fort Lauderdale Real Estate | Fort Lauderdale Condo | Fort Lauderdale MLS

If the buyer wants you to get paid, then they can threaten to not close if you are not part of the deal. If the buyer doesn't care about you then it is tough to get paid (unless you had a buyers agreement)

You may also have some jerk listing agent that promised them a better deal or a commission rebate if they let them write it up. There are some snakes out there.

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Jim Olenbush, ABR, CRS, GRI
Broker / Realtor

Austin Real Estate

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... and they can possibly be liable for breach of contract, depending on what the contract reads. A claim on the commission would most likely be handled separately between the agent (broker) who feels they earned a commission and the listing broker, usually thru a grievance at the local association to determine "procuring cause".
Who wrote the contract? Did the buyer sign the contract drawn up by the listing agent? if so, why? unless the buyer is willing to say they were coerced into signing with the listing agent.. I think it will be tough. (just my opinion here).

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