Thanks for the procuring cause comment, although I wish someone would have explained what it is. A quick review yields this:
“The Procuring Cause Guidelines C.A.R. and SDAR adopted in the late fall of 2001 address how to determine which of the brokers involved in a transaction is responsible for its successful completion, and therefore entitled to the commission.”
Procuring cause is an uninterrupted sequence of events that results in a sale. If a realtor feels a buyer unfairly deserted him by purchasing a house via a different agent, the realtor has the burden of proof that he is entitled to the commission.
A list of Factors was developed to help decide these disputes.
The following are in favor of the 1st realtor, the one who was deserted:
* he showed the property which was purchased
* the new realtor never showed that property
* the realtor spent a lot of time generating more buyer interest in that property, discussing financing, etc.
Favoring the new realtor are these factors:
* the 1st realtor is the listing agent, and the buyer wants separate representation (in my opinion, NEVER ever let the listing agent represent you – it’s a clear conflict of interest, regardless of what the realtors tell you; they’d rather get the double commission than look out for the buyer’s best interests!)
* buyer is dissatisfied with the 1st realtor for lack of professional conduct
