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#69872 - 11/15/05 11:07 PM Procurring Cause
Anonymous
Unregistered


Referred to a client, immediately find a property to purchase, show the property to the board of directors 2 times, third showing they bring a friend that is a Realltor. No biggie. I have now agreements signed with them. After the showing I had a talk with the president cause the friend never disclosed to ne he was a broker. Disturbing. I suggest we write the offer, I write the offer real clean and send it ot attorney for review. I get a call after she now has our offer for 2 days that they feel they want the friend to represent them. At a meeting the asked me to donate my entire commission to their school I said NO The friend is on the board of directors and I assume is donating his $$$$. They offer me 20% referral or finders fee. Call board of realtors and they say its mine all of it.
The next day I am telling the story to a client and he said what property . I want you to write me an offer, I will write 100K over them.
I say wait a minute I have to think about the ethics here. What do I do. Fight about my commission in arbitration, write an offer that is better, or take the chance my client will write on his own cause he is a broker also? and loose it all together after 1 week of efforts.

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#69873 - 11/16/05 04:28 PM Re: Procurring Cause
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
I have been waiting to see if anyone else posted about this, and would be interested to see how this turns out. Your post is a little hard to understand, but if I read it right, You have the buyers signature on an offer, and now they want somebody else to represent them? You didn't say whether the offer was accepted. If not, you don't have a contract. I see no reason why you can't write the second offer. I haven't seen your contract, and do not know what it says, but generally, if an offer is not accepted, the seller has a right to accept any and all offers up until a contract is made with both buyer and seller signatures. It is not unusual to write offers on a property with more than one buyer. It is confusing when you talk about board of directors, presidents, and clients who are realtors. Hard to understand.
_________________________
Comments made are my opinion, and not intended to be legal advice of any kind.

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#69874 - 11/25/05 08:12 PM Re: Procurring Cause
whitteg Offline
Member

Registered: 11/24/05
Posts: 61
Loc: Ohio
Hi
This is interesting. If you have not had the offere accepted than you have every right to right another. This is where buyer agents contract come in play. That state you may have more than one buyer intersted in the same property at one time. If that was the case it would be no mis-understanding. On any case if you procurred the sale than you would be entitled to a commission.

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#69875 - 12/17/05 07:39 AM Re: Procurring Cause
Americasdoorstep.com Offline
Member

Registered: 04/01/05
Posts: 137
Loc: Jersey
Definitely would take it to arbitration with the local board, you have a good case.
_________________________
Realtor Websites

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#69876 - 12/17/05 01:55 PM Re: Procurring Cause
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Your post is somewhat unclear on details. It sounds like you have no vaild contract only an offer that has not yet been accepted.

If the offer has been accepted then you are procurring cause and at this stage their desire to be represented by an agent that is willing to donate to their school is not relevant.

You need to file a formal complaint with the local board if the broker is a Realtor or the State Commission if the broker is not a Realtor.
He/She has attempted to interfear with your agency relationship. Do not let this broker get away with this.

If the offer has been rejected then write an offer for your other client.


 Quote:
Originally posted by danwernicki:
Referred to a client, immediately find a property to purchase, show the property to the board of directors 2 times, third showing they bring a friend that is a Realltor. No biggie. I have now agreements signed with them. After the showing I had a talk with the president cause the friend never disclosed to ne he was a broker. Disturbing. I suggest we write the offer, I write the offer real clean and send it ot attorney for review. I get a call after she now has our offer for 2 days that they feel they want the friend to represent them. At a meeting the asked me to donate my entire commission to their school I said NO The friend is on the board of directors and I assume is donating his $$$$. They offer me 20% referral or finders fee. Call board of realtors and they say its mine all of it.
The next day I am telling the story to a client and he said what property . I want you to write me an offer, I will write 100K over them.
I say wait a minute I have to think about the ethics here. What do I do. Fight about my commission in arbitration, write an offer that is better, or take the chance my client will write on his own cause he is a broker also? and loose it all together after 1 week of efforts.
_________________________
Paul Oaks
Oaks Real Estate Group

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#69877 - 02/10/06 05:53 AM Re: Procurring Cause
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
Is one of the agreements you have with the first party a buyer agency agreement that says you will get paid for your efforts???

If that is the case then you have a fudiciary responsibility to represent them and obey any and all of their lawful instructions. You would also then have a legal document that obligates them to pay you the agreed upon amount for your efforts.

Also if you have a BAA then the second Realtor is interfering with your agency by offering to write the offer for them.

If not then they are customers like the second guy (subject to your state's agency laws) that wants to make a better offer on the property. If that is the case then it's "let the best man win" in my estimation.

The first guys are showing absolutely no loyalty to you
_________________________
Jim Lee, REALTORŪ, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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