2,469,623
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.
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Kathleen Daniels, Prob...
San Jose, CA
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Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Peter Testa
Danbury, CT
-
Richard Weeks
Dallas, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Mary Yonkers
Erie, PA
-
Nina Hollander, Broker
Charlotte, NC
5,223,362
Absolutely... if there is ever an argument about which agent gets a commission it comes down to procuring cause.
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Kathleen Daniels, Prob...
San Jose, CA
-
Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Richard Weeks
Dallas, TX
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Ron and Alexandra Seigel
Carpinteria, CA
-
Mary Yonkers
Erie, PA
-
Bob "RealMan" Timm
Minot, ND
1,399,763
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.
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Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Mary Yonkers
Erie, PA
-
Candice A. Donofrio
Fort Mohave, AZ
-
Nina Hollander, Broker
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
5,583,758
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....
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Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Mary Yonkers
Erie, PA
-
Nina Hollander, Broker
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
5,408,632
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.
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Bob "RealMan" Timm
Minot, ND
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Kathleen Daniels, Prob...
San Jose, CA
-
Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Richard Weeks
Dallas, TX
-
Mary Yonkers
Erie, PA
1,527,524
Usually the one who writes the offer has it.
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Kathleen Daniels, Prob...
San Jose, CA
-
Mott Marvin Kornicki
Sunny Isles, FL
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Bob "RealMan" Timm
Minot, ND
1,086,302
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"
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Mott Marvin Kornicki
Sunny Isles, FL
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Valeria Mola
Sunny Isles Beach, FL
-
Richard Weeks
Dallas, TX
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Bob "RealMan" Timm
Minot, ND
6,590,395
A common issue, best to get a buyers agency signed and eliminate a large part of this issue.
-
Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Bob "RealMan" Timm
Minot, ND
-
Mary Yonkers
Erie, PA
2,104,569
-
Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Mary Yonkers
Erie, PA
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Candice A. Donofrio
Fort Mohave, AZ
-
Bob "RealMan" Timm
Minot, ND
5,394,998
Procuring cause is the perception of the person deciding who will get paid. Sometimes the facts confuse the decision.
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Bob "RealMan" Timm
Minot, ND
-
Mott Marvin Kornicki
Sunny Isles, FL
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Valeria Mola
Sunny Isles Beach, FL
-
Candice A. Donofrio
Fort Mohave, AZ
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Mary Yonkers
Erie, PA
469,515
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.
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Mott Marvin Kornicki
Sunny Isles, FL
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Valeria Mola
Sunny Isles Beach, FL
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
3,416,159
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
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Mott Marvin Kornicki
Sunny Isles, FL
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Bob "RealMan" Timm
Minot, ND
1,231,853
Ditto " " John Juarez
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Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Bob "RealMan" Timm
Minot, ND
5,038,547
I don't think it's a state thing. I think it is a National Association Of REALTORS® thing.
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Bob "RealMan" Timm
Minot, ND
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Eve Alexander
Tampa, FL
-
Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
1,598,552
I am with @John Juarez
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Bob "RealMan" Timm
Minot, ND
-
Valeria Mola
Sunny Isles Beach, FL
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
5,773,919
Yes
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Mott Marvin Kornicki
Sunny Isles, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Dan & Laurie Pittsenba...
Bellingham, WA
-
Bob "RealMan" Timm
Minot, ND
771,055
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.
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Bob "RealMan" Timm
Minot, ND
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Mott Marvin Kornicki
Sunny Isles, FL
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Valeria Mola
Sunny Isles Beach, FL
646,464
It is in North Carolina, and can be a problem
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Bob "RealMan" Timm
Minot, ND
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Valeria Mola
Sunny Isles Beach, FL
-
Mary Yonkers
Erie, PA
3,396,809
Yes, it is really a thing in my state.
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Richard Weeks
Dallas, TX
-
Bob "RealMan" Timm
Minot, ND
2,071,135
Well, we talked about it and still don't know how it would work.
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Bob "RealMan" Timm
Minot, ND
8,049,026
5,948,284
The broker with the procuring cause is the one that gets the commission at closing.
5,111,036
It is so important that you get the knowledge for your state, you do not want to loose a commission,