Procuring real estate agent

[2garden]

What is the name of your state (only U.S. law)? California

A few years ago a real estate attorney said, "The procuring real estate agent is the agent that gets an earnest money in escrow and Not the agent that shows the property." (If the buyer is shown the property by a different agent than the agent they submit an offer through.)

Recently I heard someone say that if an agent shows you a property you must submit an offer through the same agent as the procuring agent is the one who shows the property.

Which is true?

[FlyingRon]

Neither answer is strictly correct.

[HomeGuru]

Originally Posted by 2garden

What is the name of your state (only U.S. law)? California

A few years ago a real estate attorney said, "The procuring real estate agent is the agent that gets an earnest money in escrow and Not the agent that shows the property." (If the buyer is shown the property by a different agent than the agent they submit an offer through.)

Recently I heard someone say that if an agent shows you a property you must submit an offer through the same agent as the procuring agent is the one who shows the property.

Which is true?

**A: they are both not completely true.

[2garden]

I will try this question then: If a realtor makes an offer and disappears; doesn't get back to you; doesn't respond; Can you make an offer through an other realtor? On another forum people are posting drop the realtor (even though it is the realtor the showed the property) and get another one. Can they make an offer through an other agent? If not why??

Another scenerio: I have read where a person is complaining that the realtor refuses to make an offer; Can you make an offer through an other realtor? If not why? Isn't the PROCURING agent the agent that makes the sale?

Thanks for any help.

[rowz]

the the "Broker" that dissapears may actually be an Agent and contracted to an Agency/Shop/Office, then they actually need to communicate with the Responsible Broker under whom their license is hung and tell them of the situation.

Do it via Certified Mail with Return Receipt & a due date for a response say 5 days from the receipt of the letter.

Thats one way.

Or if it is a Broker, then maybe such a letter on an attorneys letterhead wold be enough to get you off the hook. you it can cost you a few bucks, but then the liability for a commission can be several thousand.

[justalayman]

first, you need to answer;

is this YOUR agent or is it an agent representing the seller?

If a sellers agent, do whatever you want because it isn't money out of your pocket. The seller may actually have an action against that agent if they fail to submit you offer or follow through on it. You are not bound to any agent and the arguement would be between the agents involved.

If it is your (buyers) agent, you have a contract with that agent and as such, are bound to that agent, well, actually, the brokerage he works under, until such time you terminate that brokerages agency.

An action such as you have suggested could be grounds to terminate the agency but you would need to formally terminate the agency contract before heading over to another.

Another scenerio: I have read where a person is complaining that the realtor refuses to make an offer; Can you make an offer through an other realtor? If not why? Isn't the PROCURING agent the agent that makes the sale?

If an agent will not write an offer, then you are free to seek one that will. There may be a reason the agent would not write an offer though. In this case, the first agent may try to make the arguement they are the procuring cause but due to their refusal to write the offer, they have given up their rights to make any claims for payment.

[2garden]

I makes sense now. The key word is if a person signed an buyer's agent agreement.

Thanks so much for your replies.

[justalayman]

I don't believe that is what I said. Hold on a minute and I'll check...





Nope, that's not what I said. A contract does not have to be in writing. You can enter into a contract with an agent and it be verbal. It can get messy with anybody trying to prove anything but you can still have a contract without writing anything down.