Read more about "Procuring Cause" here: http://www.trulia.com/voices/Home_Buying/We_ve_had_it_Can_we
Rather than asking for a copy of the "Buyer Exclusive" contract form, which may not match how yours was filled out or may not even exist, simply make a direct request to the Agent's Broker for a copy of any Agency documents, and that if you do not receive any documents within X days you will assume no such documents exist.
Again, even if no Agency documents exist you still may have a "Procuring Cause" claim initiated against you.
Yes, you are right to be concerned. Since your former agent showed the property to you, he is the Procuring cause of the sale, regardless of who you work with down the road.
In my professional opinion, you might want to consider a different property to avoid such issues. These cases have gone to court..and often!
The best solution will be to resolve this situation before it becomes a problem. Ask the agent to release you from any procurring cause liability. Explain to him why this is important to you. If he refuses, then discuss this matter with his broker. Ultimately, the broker is the one representing you and he can make the appropriate decisions. Ask him to match you up with an experienced agent in his office and let them sort out how to split the commission. If you keep it in-house, then the broker should be happy to resolve this situation.
Best of luck to you.
Depending on the facts of your situation, your old agent may or may not agree, but it's worth a try to "stay out of the mud."
Harold Avent, CDPE, CRS, e-PRO
REMAX Execs South Bay
Call me at (661) 255-3335 for further assistance.
Cheryl Garner, Mortgage Expert
Fairview Mortgage Capital, Inc.
I completely understand where Emily is coming from and I applaud her for being personally pro-active in addressing "Procuring Cause" situations; however, I do have a bit of reservation as to the comprehensiveness of any contract handling ALL situations. For example, the CA Association of RealtorsÂ® constantly reviews and makes changes to all of their standard contract documents (many changes of which have been made due to the final outcome of litigation).
While Emily's "Procuring Cause" document has been reviewed by various lawyers who assumedly believe it completely covers all "PC" situations, the fact of the matter is only a judge (whether Small Claims or Superior Court) will make a final decision after listening to both partiesâ€™ version of the facts. There is a centuryâ€™s worth of insomnia-curing case law available for reading all of which has been created over time due to the discourse of individual opinion!
We are all just sharing our individual opinion regarding a scenario that MAY eventually become a possible legal situation for you. None of us can say with certainty what will happen, and more importantly, any lawyer you hire will only be providing their opinion on whether you have exposure. Again, if you allow the situation to escalate to a court the judge will decide for you. I believe the more prudent action is to work out an agreement between your old and new agent, as suggested previously.
Best of luck resolving your situation, -Steve
Even though, technically there wouldn't be a case for your previous agent. Procuring Cause, more or less is defined as: A series of events where if, the chain is not broken leads to a sale.
Your chain of events between you & your current agent FOR this particular property have been broken, with the failure of your current deal not closing & thus being canceled.
I can send you a copy of a Buyer Broker Agreement so you can see if you've possibly already signed one of these.
If you like, feel free to shoot me an email directly, I won't look back for other answers on this same Trulia posting.
However you actually made an offer on a property and wish to do so again with the same property. It is different.
I would suggest you contact the agent's managing broker. I'm sure an agreement can be reached that will make you happy.
Good Luck, let us know how it goes
The RealEstate group
Keller Williams Realty
#1 Buyers Agent KW Los Angeles
Any questions, please feel free to contact me
ReMax College Park Realty
If you are unhappy with your agent, first talk to him and let him know you no longer want to work with him. If there is any issue with the process, ask to meet with his broker and discuss why you are not satisfied with services and why you want to be released from buyer/broker agreement (if you signed one.).