An agent at my office has a client that he showed 3 homes to and referred them to a mortgage broker to get a loan. The client saw a different home for sale this past weekend and called thier relative who is licensed to show them the house. Then came back to our agent and wants him to write the offer. They said they do not want to have her write the offer because they do not want the relative in their business. What should she do as a result of this. The other agent at this point, to his knowledge, may not be aware of the feelings of the relative. Our agent did not have a Buyer's Agency Agreement signed.

In this state, the agent who showed them the house could make a good case for procurring cause and claim the fees.

R

agreed

That is a very interesting poll. The question is 'Who should get paid?' with no options -- just vote 'Yes' on 'Who should get paid' or 'No' on 'Who should get paid'.

Just showing a home to a buyer without agency is insufficient cause to get paid.

It never ceases to amaze me that people continue confusing "agency" and "compensation".

The key concepts of procuring cause are referenced in this definition from Black’s Law Dictionary, Fifth Edition (and quoted from NAR):
“The proximate cause; the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object”

This is a direct quote from NAR's code of ethics. NAR also provides Test question and test cases showing how to get paid vs agency.

First, I'd reccomend reading my blog, http://realtyworldwichita.com/blog1/index.php

Then, check Realtor.org on procuring cause. And then check reality. The buyer can ask the relative not to participate, and ask another agent to write. The Relative agent does have a claim to the commision, but to collect, they would probably have to ask a board of peers from the local MLS to get it. If I were the agent who was asked to write the offer, I would ask the buyer to sign paper stating they didn't want Relative to be involved, and then give the Relative agent and the seller's agent a courtesy call to share info. I would also tell buyer what I was going to do, and ask them to contact Relative agent and share the same.

I apologize for the voting and all that. I did not understand what that was all about and to get past it I think I just put anything in that space. Maybe someone can explain to me what that meant.

Morningshw: I appreciate you giving me the blog and I will go to it. I agree 100% with you and I told the agent to do just that. I also adviced her that offering the relative $500.00 would be a good jester. What do you think?

Well, be amazed some more. Here is a legal opinion for our state that explains “agency and compensation”.
Good luck trying to get paid the co-op commission for opening the door for my buyer who I have “buyer agency” with and who wants me to get paid and not you for opening the door.

http://www.frascona.com/resource/jag594pc.htm

Why would we want to read your Blog????

Have you ever served on a hearing board for a procuring cause case?

It sounds like both agents are at fault here.The first and the second agent didn't have a bbr agreement.I always ask if they are working with another agent they will say no most of the time.Then when the agreement is faxed to them sometimes they say i might have signed something i can't remember.The whole point is a bbr is not foolproof but it goes along way in your defense.