Our state Realtor Associations attorney states among other things regarding procuring cause : "The determination of whether the activity of a broker was the procuring cause of a sale is generally a question of fact. Broker's efforts must set in motion a series of events which, without a break in continuity, eventually culminate in the sale." It is very rare that a procuring cause action is justified in my opinion, we have to take some responsibility for either losing track of our client, and/or accept the fact that the clients get to choose who they work with, and when. If a client like the one you describe moves on and uses another Realtor, you should probably take the same direction and move on and look for another client. While you did write and offer, it did not end up in a sale, the other agent did write the offer that ended in the sale. It's the part of the job that nobody likes, but we all have to live with. Clients make choices that sometimes don't include us, and we just have to learn from each experience and try to cut down on the clients that end up moving on by providing different, or better service so that they won't look elsewhere. It could also be that the service was outstanding, and the client/agent chemistry wasn't there. Remember, not everybody will be a match, so go look for those that are and knock their socks off with great service and this won't happen very often.
Good luck with your decision to arbitrate or to not arbitrate, my advice is let it go and move on. - Tue Aug 18 2009, 08:59