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Recently, I received a call from a fellow REALTOR® because my client had called him to see property on a Sunday afternoon. Fortunately, she told him up front that I was her REALTOR®, but she didn't want to bother me on a Sunday afternoon... how sweet of her. Apparently, she thought it was acceptable to bother him instead. He didn't show her the property, but advised her to call her agent, which she did the following Monday.
I explained agency to her again and also explained to her that had she not warned him upfront that I was her agent and he had shown her the property, she fell in love with the property, and then made an offer on the property, that he may have expected the full commission at closing due to *procuring cause.
Would this other agent fight for his commission? Maybe, maybe not. If he does fight, will he win? Maybe, maybe not. It depends on many factors and each case of procuring cause taken to Arbitration is different.
Last week, this happened again, only in reverse. Another agent in my office received a call for a property showing. She met the potential buyer on a Sunday afternoon, showed him property after explaining agency and having him sign "Working With Real Estate Agents". The following day, she received an offer from another agent on the property from the same buyer. When his agent asked him why he had called someone else to see the property, his answer was, "I didn't want to bother you on a Sunday afternoon". Not sure how this one will turn out, but it could get "sticky".
If I am your buyer's agent, call me. Bug Me, Bother me, Drive me CRAZY.... It's Okay! As your agent, It's my job. I turn my phone off while I am sleeping, when I am at church and when I am having dinner with my family, so you will not bother me! I will always return your call, email or text ASAP. If I plan to be out of town or unavailable for any extended period of time, I will give you notice and you will know who to call (usually my Broker in Charge), should you need anything. And for the record...... I love my job, and most Sunday afternoons, I will be more than happy to show you the home of your dreams! Do not bother that other agent and expect them to work for free.
According to NC Real Estate Commission:
The term *"procuring cause," as used in describing a broker's activity entitling him or her to a commission, refers to: a cause originating a series of events that, without break in their continuity, result in the accomplishment of the prime objective for which the broker was employed, usually to procure a purchaser ready, willing and able to buy the property on the owner's terms. In order for a broker's efforts to be the procuring or effective cause of a sale, it must be established that the broker's activity was the originating cause that not only started negotiations for the transaction, but also ultimately resulted in its consummation; the broker's activity must be the primary foundation upon which the negotiations were begun and the predominant factor in bringing about the transaction.
For more information about Procurring Cause, Agency and other NC Real Estate Law, visitwww.ncrec.org.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.