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Procuring Cause - Abandonment & Estrangement

By
Real Estate Broker/Owner with Grants Pass, OR 199909023

Procuring Cause - Abandonment & EstrangementProcuring Cause - Abandonment & Estrangement.  Today, I participated in a webinar regarding the topic, Procuring Cause.  It's an interesting topic and one that certainly most of us will encounter at one time or another throughout our real estate career. 

"Procuring Cause", as defined by the National Association of Realtors, is "the uninterrupted series of causal events that leads to a successful transaction."  In plain English, it's the method to determine who rightfully deserves a real estate commission for bringing about a sale. 

Two primary reasons for arguing Procuring Cause is Abandonment and Estrangement.  In real estate terms, they are defined as follows: 

Abandonment:  Characterized by some lack of contact by the agent with the buyer for some period of time.

  • Estrangement:  The conduct or lack thereof of the Agent which causes a Buyer to terminate the relationship.

Here are three essential steps to avoiding a Procuring Cause dispute:

  • Educate Your Buyer!  Discuss how you get paid.  Make sure you encourage them to tell other Agents that they are working with you when they decide to visit Open Houses and New Subdivisions.
  • Use Written Buyer Representation Agreements.  Using a Buyer Representation Agreements will not guarantee a dispute regarding Procuring Cause, but it will certainly help to build your case.
  • Provide consistent and substantive service.  Be responsive to your Buyer's calls and emails.  If you don't, someone else will. 
Posted by

Mel Peterson

 Melinda Peterson, ABR, CRS

 Oregon Principal Broker

 Real Estate Cafe LLC

 541-659-1620

 TheOregonDream.com

 

 

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Ralph Gorgoglione
Metro Life Homes - Palm Springs, CA
California and Hawaii Real Estate (310) 497-9407

Good post.

Had not hear of abandonment and estrangement in this context before.

Jan 28, 2010 04:54 PM
David Saks
Memphis, TN
Broker / Industry Analyst

Deserting a client is certainly not a good thing, although it opens the door of opportunity for another agent, and hopefully one that won't withdraw support or help despite allegiances or responsibility gone awry expected from the buyer.

Jan 28, 2010 05:05 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

I recently wrote about this topic and these are exactly the points that were brought up. Once we took the information to this persons principle broker, my clients haven't heard from the agent again. (Gee just like what caused them to call me in the first place)

Jan 28, 2010 10:14 PM
Bob Edwards
Coldwell Banker- The Real Estate Group, Inc. - Appleton, WI
Fox Cities Real Estate Hotline, SFR- Appleton, WI

Well said Melinda, agents often feel that they "own" a buyer because they met them once when in reality we must provide consistent and substantive service.

Jan 29, 2010 03:02 AM