A few years back I served on the hearing committee. There is far more to procuring cause than just letting someone look at the house. There is a whole chain of events. The agent that showed the home did nothing after showing the home. They did not call and followup after the showing. Neither had an EBA and the poster spent an entire day with the client and had a followup appointment set. The buyer wife just happened to stay in town and was inenifying new construction homes with the intent to have the poster show the homes.

This one is a slam dunk loser if the other agent goes to arbitration and that is why the angry phone call to scare the newer agent into paying a referral fee. Hell since they were so nasty about it I would say sure here is your 5% referral fee.

TargetRE,
Here is a newsflash for you. As a REALTOR you agree to abide by Arbitration! NO Judge, No Case Law..........just the COE

Yes, I know. If you see my follow up, I noted that there are four exceptions and AGent X seems to have fallen into a couple of those...

Paul did you read any of the post? I'm amazed at the REALTORs who don't know the difference between what the NAR (again membership is VOLUNTARY, if you think differently call the DOJ they'll be very interested) can do and what your state real estate board is mandated by law to do. When I took the NAR COE course the instructor pounded in the point that NAR was not a state/federal agency, not law, you voluntarily joined and agreed to its rules, and joining the NAR was not mandatory to sell real estate. The NAR is trying to stay out of the DOJs cross hairs. Nothing in the COE can/does supercede local law. It can't.

Sure you agree to arbitration as a paid member of the NAR. If you tell them to go pound sand the only thing they can do is revoke your membership. On the other hand your state board can take your license to sell real estate away, fine you and enforce the fine, and possibly have you criminally charged. You can appeal through a court of competent jurisdiction and FWIW neither will get involved in a NAR COE dispute.

Well since the post concerned procuring cause in compensation the state real estate board/commission is not even an issue so what was your point? This is over the co-op fee offered via MLS.

So tell us all how in your mind the state has any say in a compensation issue. If you are that confused in what the state does and what the local board handles them perhaps you should consider a refresher course.

WEll...the conversation was getting a bit confusing to me. I had no idea what the state law would have to do with a compensation issue between agents. We were talking procuring cause, who gets paid, who doesn't...the court does not get involved in much of that...I don' think. I am relatively new to this, taking GRI courses. Not a biggee there, but it sure sounds like it gets handled in arbitration if nothing gets ironed out. I have never heard of a case like this going to the courts...

Paul Oaks, you are one nasty little dude. There you go again with your personal attacks. You turn every meaningful thread into a gutter brawl.
Maybe you are the one who needs a refresher course on "How To Win Friends And Influence People"

Was the piece where he suggested a refresher course a personal attack? a gutter brawl? I do not know if any body needs a refresher course or not, but I do not see anything close to a personal attack here. I have told Paul to relax not too long ago, but I have never seen anything that resembles a personal attack. MD-- You do not suppose that you may be exaggerating maybe just a little bit, do you?
I tell you what, this place is real tame compared to some other forums I belong to.

Paul like most threads this one touched on more than one topic.

From the OP;
Later in the thread;
And here’s what I posted about procuring cause;
Then the thread, like most, took a turn when this came up;
So a few posts about voluntary, fines, and who can take your license.
And then your post. I’m not going to waste any more time responding to you considering I stated more than once the state and or court will not get involved in a COE dispute. It’s all there for anyone to read. That and I’m still waiting for you to explain how BPOs for lenders are USPAP compliant, and they’re supposed to be according to the COE.
Developing a reputation? What does the COE say about that?

MDHomes2Go,
As you are well aware your opinion is of little or no value to me so your comment means nothing.

Please tell us all exactly where the personal attack was.......OH Ya there it is.....It is YOU saying I am "One Nasty Little Dude".

The post was on procuring cause! TargetRE decided to take the thread in a different direction so I pointed this out! If you are unhappy with that well all I can say is Get Over It!

Now it you have something to contribute to the topic then by all means I am sure everyone would love to hear it. If not and you want to make personal comments please feel free to use the private message function.


TargetRe,

You previously stated in the earlier post.
Sure you agree to arbitration as a paid member of the NAR. If you tell them to go pound sand the only thing they can do is revoke your membership.

On the other hand your state board can take your license to sell real estate away, fine you and enforce the fine, and possibly have you criminally charged. You can appeal through a court of competent jurisdiction and FWIW neither will get involved in a NAR COE dispute"

So tell us all how the state board can fine you or revoke your license or criminally charge you on a PROCURING CAUSE disagreement between 2 Realtors???? Procuring Cause has nothing to to with state law or real estate regulations!

The fact that AgentX is a attorney only means he was attempting to bully the poster with the fear of legal action. AgentX is also a REALTOR who by membership agreed to abide by arbitration. Him being an attorney is of not advantage to him in an arbitration hearing before the board. He was Bluffing!

Paul Oaks, again the thread touched on different points. A previous post mentioned he may lose his license and I tried to explain that the NAR can't revoke his RE license, and the difference between the NAR, state boards, etc. then stated state boards/courts will not get involved in a COE dispute. And FTR what you quoted was a direct response to you and not about procuring cause. Not only did you break up my quote to change its meaning you also quoted me out of context, that makes you one nasty little dude.

NAR COE or not, if someone wants to sue they can. Whether or not a court recognizes broker co-op as a contract depends on local contract law and customs not the COE. If they're both REALTORS one or both can request arbitration. If one of them tells the local association to go pound sand, other than taking away their "R" lapel pin, what can the NAR do?

I recently read (I wish I could find the link)that a court used the Realtor Code of Ethics as a basis of law, of how Realtors are supposed to conduct their business. Which to me implies, you better follow the COE, or a court of law can use it to convict you if you don't follow it.

The can suspend them and they would not get the commission payment.
Others made comments about losing licenses and such but they were also incorrect just as you are in this case. You just continued to feed that misconception.

You agree to abide by the COE and to arbitration. If they do not want to do either then they can be kicked out and in most cases lose their MLS access and if their Broker is NAR they need to find a new office.

Many states have modeled their real estate laws and regulations after the COE.