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Procuring Cause

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Daisy Tripp

Junior Member
What is the name of your state (only U.S. law)? SC
I was called by people who wanted to look at a property. I showed them the property, reviewed other listings with them, and gave them names of lenders. I contacted them a couple of times to see how they were doing.
As a result of one of these calls, they were ready to make an offer. They signed a buyer's agreement and I proceeded to write up an offer. During this process they expressed dissatisfaction with the terms of their loan approval. I referred them to another lender who was able to give them a better deal.
During this time two offers were presented that were rejected outright. However, they were still dissatisfied with the lender so I told them there were other lenders I could refer them to.
Instead, they called me extremely anxious to get out of the buyer's contract because they had given up on the whole idea of buying at this time. I was hesitant to let them out, but eventually signed a release based on what they told me. I asked them if they were dissatisfied and if they wanted to go to another realtor. The said no and were insistent that they were not ready to buy and wouldn't be for a long time.
In actuality, I found out later they had already gone to another realtor who told them to get out of the contract with me. The other realtor then proceeded to make the same offers that were already rejected. Eventually, the buyers upped their offer and it was accepted. The other agent claims I'm entitled to nothing because she did not solicit them and they chose to work with her.
I've been advised by some people not to go to arbitration because I probably wouldn't win and even if I did it would hurt my reputation. I'd like some opinions on this. Thanks.
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
You won't win in an action with the buyers. You released them. The fact that they lied about the reason isn't actionable.

Is there a sellers agent? What did they say about this?
 

Daisy Tripp

Junior Member
While I'm disappointed that the buyers lied to me to get out of the contract, my beef isn't against them so much as the other agent. The seller's agent refuses to give me anything, even a referral fee, because she feels she did nothing wrong. I feel I was the procuring cause of the sale and should be entilted to something. I don't want to take her whole commission--just give me a referral fee or something. I have reviewed the NAR code of ethics and what she did was a clear violation.

I think I'm just having a hard time accepting the fact that there is a lack of integrity in the real estate field.
 

FlyingRon

Senior Member
"Procuring cause" went out the window when you specifically washed your hands of the buyer at the release.
 

Daisy Tripp

Junior Member
That is a tough lesson learned, I guess. It just doesn't sit right with me and is not something I would have ever done to another agent. Maybe I'm not cutthroat enough for this business. I can't throw out my morals because I see dollar signs.
 

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