Mott Marvin Kornicki, Waterway Realtors, Notary Public 786-229-7999 (Waterway Realtors® • South East Florida • Real Estate Brokers)

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Rainmaker
1,638,671
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

Only once have I fought for my commission Mott Marvin Kornicki . I had a contract that the hijacking agent/broker could not deny thus I got paid. If I didn't have a signed contract then shame on me, I deserve to lose it.

Nov 06, 2019 02:51 PM
Rainmaker
3,177,076
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Absolutely... if there is ever an argument about which agent gets a commission it comes down to procuring cause.

Nov 06, 2019 03:03 PM
Rainmaker
705,637
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Procuring Cause is a chain of events that results in the deal between the buyer and the seller.

That sounds simple at first read but it can be loaded with “buts” and “what ifs”.

If two agents end up working with the same client who ends up buying a house, there may be difference of opinion about who was the one who procured the buyer. One agent may file a complaint against the other as both claim to have earned the commission payable to the buyer’s agent. It will fall to an arbitrator or  panel of arbitrators to decide who gets the commission based on the evidence presented.

I have sat on such a panel. Determination can be difficult.  

Nov 06, 2019 02:46 PM
Rainmaker
5,084,191
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

that's another reason I was always happy to be a listing agent and let the buyer agents fight over who was procuring cause.... as long as no one interfered with the transaction, I didn't care who was fighting over money they hadn't earned yet....

Nov 06, 2019 02:40 PM
Ambassador
3,401,907
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

There is such a thing but, it has to be an unbroken chain of events. In NC and in SC, agency over-rides procuring cause.

I've seen this several times and each time, procuring cause didn't win - the chain of events was broken - and all were broken by a Buyer Agency Agreement. 

Nov 06, 2019 08:15 PM
Rainmaker
1,257,022
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Usually the one who writes the offer has it.

Nov 06, 2019 03:44 PM
Rainmaker
740,498
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

NOT EVEN 101 . . . it's truly rocket science and so many do not understand it.

An exclusive does not assure PC (only that the agent with the exclusive gets paid BY THE BUYER)

More often, it is a broker coop being fought over! 

Firing an agent does not negate PC

Threshold does not assure PC

CONTRACT does not assure PC

It's very dicey! John J got it though, with his first sentence.

Deconstructing the 'who started that chain' is where it ends up before a panel.

"The one who shakes the tree, not the one who gathers the nuts"

Nov 06, 2019 03:28 PM
Ambassador
4,324,565
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

A common issue, best to get a buyers agency signed and eliminate a large part of this issue.

Nov 06, 2019 03:23 PM
Ambassador
1,660,026
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Helping you find your way home.

Nov 06, 2019 02:19 PM
Rainmaker
3,340,831
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Procuring cause is the perception of the person deciding who will get paid. Sometimes the facts confuse the decision.

Nov 07, 2019 04:17 AM
Rainmaker
424,579
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

Usually the one that gets paid. Thankfully fights about who represents the buyer rarely come up in our area. When it does, 99.9% of the time the agent the buyer chose to write the offer with and close the transaction with (the one that got paid) wins.

Nov 06, 2019 05:16 PM
Rainmaker
3,040,424
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It is more seen on the buyer broker side and when i do work that sign, i have the buyer sign the form. A liitle effort goes a long way to eliminate anyone else trying to take my buyer or sale. Get it in writing

Nov 06, 2019 03:53 PM
Rainmaker
1,221,667
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Ditto " " John Juarez 

Nov 06, 2019 03:31 PM
Rainmaker
3,100,157
Richard Weeks
Dallas, TX
REALTOR®, Broker

I don't think it's a state thing.  I think it is a National Association Of REALTORS® thing.

Nov 07, 2019 04:43 AM
Rainmaker
1,217,416
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty

I am with @John Juarez

 

Nov 06, 2019 05:24 PM
Rainmaker
4,536,507
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Yes

Nov 06, 2019 02:43 PM
Rainmaker
567,909
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

An example of Procuring Cause is you show your listing to a buyer who calls-in. Next day you receive an offer from their agent. You asked if they had an agent & they said no. Now the agent explains that they know the buyer & they called them to put the offer in. Now you have a case of Procuring Cause. Your marketing brought the buyer to you, you showed them the property & asked them if they were working with someone. If you have a Buyer Agreement signed it's a closed case. If you don't now you have to go into discussions of how this will be settled. Procuring Cause doesn't just mean you win, when nothing is in writing- it's all hearsay. You'll have to put up your best argument to get paid. 

Nov 07, 2019 05:11 AM
Rainmaker
450,178
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

It is in North Carolina, and can be a problem 

Nov 07, 2019 12:33 AM
Rainmaker
2,810,893
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Yes, it is really a thing in my state. 

Nov 07, 2019 08:04 AM
Rainmaker
1,651,862
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Well, we talked about it and still don't know how it would work. 

 

Nov 07, 2019 01:29 PM
Rainmaker
5,466,982
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the regulations in your state.

Nov 07, 2019 10:52 AM
Rainmaker
4,135,833
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

The broker with the procuring cause is the one that gets the commission at closing.

Nov 14, 2019 05:21 AM
Rainmaker
3,227,721
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

It is so important that you get the knowledge for your state, you do not want to loose a commission,

 

Nov 13, 2019 08:43 AM