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PROCURING CAUSE IS NOT COMPLEX UNLESS IT IS

By
Real Estate Broker/Owner with people first...then business Ran Right Realty 636943 licensed to thrill

King Solomon demonstrated it quite nicely. Who originally gave birth to this baby? Whose the real mama here? Two women claimed that they were both the procuring cause of the child. Prior to visiting with the King, I have no trouble believing that they argued, threatened and both stood their ground with each other firmly saying...this is mine!

ONLY ONE BUT WHICH ONE?

One of them was the procuring cause while the other tried to lay claim to something that while their hands touched upon the child and even had some say in its life for a brief moment and there was no denying contact... decided to go all out and make the claim knowing one thing for sure...

SURFACE EVIDENCE

How would anyone know different and then prove it? You see both women just had babies so both gave birth and could prove evidence of birthing. The switching of the children, the dead one for the live one when carried out was unseen and only detected the next day thus leading to the dispute.

IT'S MY MONEY?

This was no story for our PANEL the other day as I presided over an arbitration (awards money and damages) the other day with both parties alleging "it's my money" and having the evidence to back it up. Both did the work. What was needed was something other than the obvious...but what?

NO COMPROMISE

We needed to get to the HEART and ROOT of the matter and keep in mind that this is not a court of law but a panel comprised of  Real Estate peers and professionals who everyone present had agreed to let hear and then be bound by the decisions rendered. Commissions are the baby in this case and both parties wanted that "baby"...

ONE LADY WANTED TO SETTLE ALL ALONG

It is interesting to note that one party, the complainant and moving party asked to settle the dispute by splitting the commission even happy to accept the lesser amount but still a significant amount. This can be taken either way. If the person is lying, she ends up with something. If she is telling the truth, she is being reasonable. What to do?

ON THE OTHER HAND....

The one refusing the gesture called the respondent could feel that not one penny is going anywhere else but to me as I earned it all or she could reason that a panel might rule against me so I should compromise. She chose to stand on no compromise. It's all mine!  Well both had a chance to talk it out, squawk it out and then hand-off to arbitration...Serious thousands were at stake

BOTH HAD CONVINCING POSITIONS

It is interesting to note that both had not only compelling stories which made sense and laid claim to a solid position for the commission but also both had done a tremendous amount of work with this client that neither one disputed. The more I heard of the case, the more I was convinced of one thing

USE SHOCK?

I immediately saw why and what King Solomon was thinking when he said..SPLIT THE BABY AND GIVE HALF TO EACH WOMAN....He needed to see beneath the surface of what was before him and this shocking statement as a resolution certainly brought out what was needed to be known

WINNING AT ALL COSTS?

The real mother could not endure the death of her child and consented to giving the child up with a genuine remorse, a reluctance that so moved the hearts of all involved while the other woman stood ice cold and arrogant triumphant in winning but not happy to have her baby back. Just to win was all

THIS GOT MY ATTENTION

Well, what did it for the panel was the testimony of the woman complainant who made the claim when she said...I let it go. I did all the work, I played by the rules and I decided it just wasn't worth it to pursue at length fearing emotional injury to her client, self and her Broker. The way it was said registered too

THE SMOKING GUN

I made a note of both parties attitudes and demeanor's as the facts were saying nothing more. We adjourned and the panel went to work trying to decide the right thing to do. BINGO after much discussion, it was finally discovered. In this case not so much wisdom but the smoking gun hidden among the facts

THE TRUTH SURFACED

The original claiming agent used an escrow company and was assigned a number for the transaction. Upon careful examination of the paperwork, the other agent who closed the deal used the same number that the first agent used. There was no new escrow but only the one...The original procuring cause

ONE WINS AND ONE LOSES

The agent making the claim for her money got the money PLUS $500.00 dollars back filing fee and of course the satisfaction of justice being done. The other agent ended up with nothing plus it costs her money too. This didn't have to be but was never the less. Hindsight I am sure went to work right away

SETTLE WHILE YOU CAN

It is interesting to note that there was a time between both agents where splitting the monies made a lot of sense because both had done work for the wishy-washy client but the one stating NO...I will not split... ended up losing it all. She had a chance to make good money but decided to roll the dice for the whole thing....Now, she has no-THING plus loss

SOMETIMES THE DUCKS ALL LINE UP

If one digs deep enough, has the patience and wants to see the right thing prevail...it will in time. Buried under all the nonsense, the truth when summoned and presented will have its day and its way every time. Solomon knew this too and of course...who can argue with a smoking gun?

Comments (5)

Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Great story!  I was fascinated reading it and the biblical reference fits so well!  Thank you for sharing this case!  One of the very first questions I ask a potential client is; "Are you working with another agent?" Because there is the ocassional agent out there who may not respect procuring cause,  I document everything I do with a customer.  

Dec 12, 2014 12:18 AM
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

It's good to know that the party that tried to be reasonable all the while walked away with the gold.  Hindsight will be kicking that other agent in the butt as they realize a little of something is better than all of nothing.

Dec 12, 2014 12:34 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Hello Sheri...your comment compliments the post quite nicely. It stands & thanks

Hello John...most excellenting commenting...Thank you for sharing this John

Dec 12, 2014 02:35 AM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Richie. Every agent needs to ask if anyone is already working with another agent, rather than find out that someone is and is under agreement.

Make it a great weekend!

Dec 13, 2014 12:25 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Joe...it is as simple as you say....yet the cracks harbor the exceptions. You know Joe, there is nothing that cannot be worked out so the problem is human in nature...driven by the money bus

Dec 13, 2014 12:55 AM