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Screw Procuring Cause - So What, Who Cares?! Get The Home Sold!

By
Real Estate Agent with Douglas Elliman Real Estate in Babylon NY

Screw Procuring Cause - So What, Who Cares?! Get The Home Sold!procuring clause in real estate


I work both sides. I'm primarily a listing agent and I will work with buyers. My job as a listing agent is to MARKET my clients' homes so they SELL.
Listing agents rely on buyer's agents. If buyers walk into any of my Open Houses and they say they are working with a real estate agent, that is fine. I don't care if they have signed a Buyer Broker Agreement or not. I don't even ask. Just the fact that they said they are working with an agent is enough for me.That agent is a colleague even if I do not know them.

Buyers will get into their car and just go open house hopping. They may even find "the one". I may get a call the next day from their agent who wasn't with them but wants to make an offer. My reaction? WOOHOO! Let's get the negotiations underway and hopefully strike a deal!

Isn't that the priority? To get the home sold? YES!

If I were to use the term procuring cause in this situation, I should be drawned and quartered then tarred and feathered. Seriously. My job as a listing agent is to get the home sold. I have to put my client's best interest in front of mine always. So, I have to split the commission. <OMG, I'd rather eat worms than have to do that!> Not really. Most agents know that it is rare to bring in our own buyers to our listings. It does happen but not all the time. No one should count on it. I do not.

So, bring me your buyers and I guarantee you I will not cry: PROCURING CAUSE!

Comments(16)

Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Jackie, now... can you tell me how you really feel about that whole procuring cause thing when you are the listing agent? I am not quite sure I got it...

You hit a home run!

Jan 17, 2011 10:43 AM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

Hi Andrea, Oh you got it :) It needed to be said. It's not a secret either. Just most consumers do not know about it and it's time they did.

Jan 17, 2011 10:51 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I have a had some listing agents tell me client they had to deal with them if they wanted the house.

Jan 17, 2011 11:19 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Jackie that is the way we all used to manage these situations and I totally agree with you - get the home sold.  There was one time when the buyers took up almost 1 1/2 hours and said they didn't have an agent.  Les Voila the very next day I received an offer from the same buyers from a relative. Of course we put the deal together.  The buyers continued to call me - saying - he doens't know much he's only part-time with a few sales a year.  My broker asked me to call the agents broker just before the closing and let them know we would be pursuing procurring cause as the agent took no part, other than writing the contract.  Guess who won?

Jan 17, 2011 11:28 AM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

Hi Gene, That isn't right. We know it isn't right. The homeowners do not know this however.

Hi Anna, You're kidding right? You do have the situations where someone is lying about having or not having an agent. I had an agent call me on Saturday to ask me permission to let her buyers go to one of my open houses. Of course I said yes and especially since these same buyers have seen the home twice already with that same agent. Even if they didn't previously, I would still say yes. I know an AR member that is not an agent that was refused entry to an open house because they did not have their agent with them. That should never happen.

Jan 17, 2011 11:54 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Jackie, 

So very well said.  Doing your job for your sellers should be your MAIN concern.  NOT trying to wrangle a client from another agent.  I just call that greedy!  

All the best, Michelle

Jan 17, 2011 01:17 PM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Jackie, I'm all for procuring cause when I've done all the work, but certainly don't steel buyers.  Once I showed an older couple around for two months and just before we finally wrote a contract the couples daughter (an agent in another state) was looking for a referral...against my better judgment I made it happen.

Jan 17, 2011 03:11 PM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

Hi Jackie:

If I'm hosting an Open House...that's my attitude also.

I'm at the property to have it shown, no matter who is working with what agent...

Jan 17, 2011 03:49 PM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

Hi Michelle, I can also imagine that taking a lot of energy as well.

Hi Nick, We can either do the right thing or not. It's a choice :)

Hi Toula, Those are my sentiments too. I have a friend that was denied access to an open house last year because she was working with an agent and the listing agent wouldn't let her in without her agent present. Believe that one?

Jan 17, 2011 10:16 PM
Ellie McIntire
Ellicott City Clarksville Howard County Maryland Real Estate - Ellicott City, MD
Luxury service in Central Maryland

I agree with you and Toula. I am thrilled when Buyers who are represented arrive at my Open House. Bring me an offer.

Jan 23, 2011 04:43 AM
Judy Jennings
Top Agent Plus - Middleboro, MA
Tap into Judy's real estate expertise & resources.

Jackie - When I held an open house and someone told me they were working with an agent, I asked them to write down their agents contact information next to their name. I have had seller's agents call me when one of my clients toured their open house. That's the way it should be. The agent that wouldn't allow the client into the open house without their agent present sounds like a real winner (NOT)!

Jan 23, 2011 04:57 AM
Sandy Shores FL RealtorĀ®, Melbourne Real Estate
M & M Realty of Brevard Inc. - Melbourne, FL
Brevard County Real Estate, Florida's Space Coast

Jackie, You hit the nail on the head, it's about getting the house sold.  Let's all work together to make that happen. We work with other agents in the business that bring us buyers everyday, it's about the best interest of the clients.

Jan 23, 2011 11:09 AM
Linda K. Mayer
License # 01767321 - La Verne, CA
Realtor, SRES, SoCAL, A REALTOR YOU CAN TRUST

Jackie-

That's a refreshing change from what I've run into.  But I feel the same way that you do.  It's too bad that there are those in our profession that can't put the client needs in front of their own!

Jan 23, 2011 01:17 PM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Jackie - I always ask if buyers are working with another agent and if they say yes, that is the end of that discussion. I always co-broke, so if they weren't working with someone already, I would be referring them out anyway.

Jan 23, 2011 01:35 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

I have even offered to write the contract for the other agent. As you said...let's get the house sold!

Margaret

Jan 23, 2011 03:03 PM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

Hi Ellie, exactly!

Hi Judy, nope not a winner, lol. We can't stop people from entering an open house. Unless of course we feel threatened.

Hi Sandy, it's supposed to be about the best interests of the clients. Some do not act like it though. It takes more to say procuring clause then just opening the door or showing the home to buyers at an open house.

Hi Linda, it is sad but I'm sure there are a lot more like us than we think. God help anyone else that tries to pull that on me. It won't work and I would fight it.

Hi Cynthia, I would do the same thing. Refer them out. I stay away from Dual Agency.

Hi Margaret, We do not write contracts here but I would do the same thing! Getting the home sold is more important :)

Jan 24, 2011 12:44 AM