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Old 07-24-2005, 06:50 AM
ZAP ZAP is offline
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Default Procurring Cause

I showed a buyer a home and they made an offer on that home. When I called the listing agent (within minutes of writing the offer) she said another offer had just been accepted. After 10 days the offer fell thru. I called my buyers immediately to tell them the home was back on the market. They informed me that they had just written an offer with another agent 2 hours ago. The agent they wrote the offer with is in my company. I still have my orginal purchase agreement and also know that the other agent did not show them the home. Am I intitled to a commission?
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Old 07-24-2005, 07:36 AM
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Default Re: Procurring Cause

Quote:
Originally Posted by ZAP
I showed a buyer a home and they made an offer on that home. When I called the listing agent (within minutes of writing the offer) she said another offer had just been accepted. After 10 days the offer fell thru. I called my buyers immediately to tell them the home was back on the market. They informed me that they had just written an offer with another agent 2 hours ago. The agent they wrote the offer with is in my company. I still have my orginal purchase agreement and also know that the other agent did not show them the home. Am I intitled to a commission?
That's a tough question. Technically, in my opinion you were the procuring cause. But since you both work for the same broker, your broker would be the one to decide who desearves or earned the commission. If the agent that sold it was under another broker, then I think you would definitely get your commission.
My advice, talk to your broker and explain the situation. Hopefully he sides with you, otherwise you may be out of luck.
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Old 07-24-2005, 09:31 AM
ZAP ZAP is offline
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Default Re: Procurring Cause

I have spoken with my broker. He is not sure what to do because he does not want to "ruffle any feathers". The broker has not approached the other agent either.
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Old 07-24-2005, 10:02 AM
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kyle422 kyle422 is offline
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Default Re: Procurring Cause

Have you spoke to the other agent?
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Old 07-24-2005, 10:25 AM
ZAP ZAP is offline
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Default Re: Procurring Cause

I work as a buyers agent so my broker/boss spoke with him. He said that he did not owe me anything. By the way, I was asked by him to help out for open house for 4 hours just the week before and I kindly helped him out without rec. any compensation.
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Old 07-24-2005, 10:57 AM
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kyle422 kyle422 is offline
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Default Re: Procurring Cause

If your broker does not do anything, you may want to find a new company to work for. If your broker is not going to stand up in your defense in this situation, what about problems that may arise in the future.
Also, how did the other agent get in contact with your customers? Did that person steal their contact information from you or your files?
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Old 08-21-2005, 12:43 PM
Boston Condo Guy Boston Condo Guy is offline
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Default Re: Procurring Cause

hey zap, did you sign an agency agreement with the buyers? If so, did it have an expiration date? Are we missing any information, from just the facts that you provided, I'm very surprised that your broker is not standing up behind you more in this situation. I look forward to see how this turns out, please fill us in as things transpire.
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Old 08-21-2005, 04:36 PM
ZAP ZAP is offline
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Default Re: Procurring Cause

No, I did not have a buyers agency agreement. My broker said that since 18 days had passed between my purchase agreement and the other agents that a lot of time had passed. They never approached the other agent because they did not feel that it would help matters.
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Old 09-03-2005, 12:41 AM
AZ Real Estate Guy AZ Real Estate Guy is offline
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Default Re: Procurring Cause

ZAP -

From what you said I only know the first thing I would do...

...find another broker...

They didn't even talk to the other agent????? That's absurd.
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Old 09-14-2005, 08:58 AM
joeprost joeprost is offline
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Default Re: Procurring Cause

Quote:
Originally Posted by ZAP
I have spoken with my broker. He is not sure what to do because he does not want to "ruffle any feathers". The broker has not approached the other agent either.

Your broker is a wimp, go to another company.
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