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Asked by Dinesh, Secaucus, NJ Sat May 25, 2013

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Debra (Debbi…, Agent, Livingston, NJ
Sat May 25, 2013
Dinesh, so I have read the responses here, and am a bit curious about one thing...... what have you been doing for the past 2 months (you said you wrote the offer at the end of March)??

Did you stop looking for a home?
Did you go to Sunday open houses on your own?
Did you just keep an eye on the market via the internet?
Did you work with any other Realtors?

If you were actively looking for a home, I don't understand how there could be a void for 2 perhaps if you filled in that information, it would be useful.

I agree with John in that no agent should be quick to judge another agent's actions, or inactions, based on the above information.

What if that agent called or emailed Dinesh, and didn't get a response ? We don't know.
What if that agent had a personal emergency?
We do not have all the facts, and therefore, imo, should refrain from judgement calls.

Agent A showed the house and got an offer in writing.......that could be good reason to qualify under procuring cause.
On the other side of the issue is "abandonment" of a client - if the agent truly dropped the ball and didn't respond to Dinesh for 2 months.......well.......that could factor in.
We are not judges and jurors.
There is a proper protocol for that in place.

Dinesh.......if you have interest in that Mack pointed out - communication goes 2 ways - why not give agent A a call asap - if you don't hear back within a reasonable amount of time (24 hrs perhaps), or there is no reasonable explanation as to why you hadn't heard from him or her earlier - then tell him or her you will be finding another agent. - you can call the Broker and discuss this as well......

Best wishes........
3 votes
Mack McCoy, Agent, Seattle, WA
Sat May 25, 2013
Communication is a two-way street, Dinesh. Why haven't you called Realtor A?
3 votes
John Sacktig, Agent, New Jersey, NJ
Sat May 25, 2013
You are more then welcome to disagree Donald. But, that agent wrote and offer on the property and negotiated .... it was not accepted. That is procuring cause and puts that agent with that buyer and the property. So, what if the listing agent calls that buyer and says.. o.k. the deal died, but now you have to write an offer with me... What then?

For you to speak of that agent like you are doing without knowledge any of the details or the situation (other than is written here) is not good. Karma Donald. Karma. How much would you kick and scream if that was you?
3 votes
John Sacktig, Agent, New Jersey, NJ
Sat May 25, 2013
You made an offer on the property with an agent, that agent introduced you to the property and would be able to go after the commission even if you made an offer with another agent.

People are quick to judge and grab business when they can. Send that agent an email.. who knows? maybe he/she had a vacation booked on a cruise? Maybe something happened... It is possible that agent was out of touch for a reason. If you and that agent worked well together and there were no issues other than losing the house give that person a call!

I would give that person another shot. Give a call and ask!

John Sacktig
Orange Key Realty
Office: 732-863-6969
Direct: 732-213-1409
3 votes
Annette Law…, Agent, Palm Harbor, FL
Mon May 27, 2013
There is so much we do not know.
Too often a buyer expects their agent to have telepathy skills.
To have read between the lines.
To have intuitively KNOWN to keep you on the 'A" contact list.
To pursue and dog the buyer until they buy or die!
Sorry, that just simply does not happen today or anymore.
Agents who have been in business for over five years understand they must choose the business they want OR the business they DON"T want will find them. Yes, their IS business an accomplished professional DOES NOT WANT!
Those with whom we want to do business are communicators.
They ask questions and listen closely to the guidance provided.
They invest trust in the professional they hire.
They do not second guess their professional, but they do ask questions.
The respect the relationship by not soliciting the opinions of strangers on the internet.
The 'truth' can not be discerned by the information provided from only one side of the situation.
What we can do and encourage you to communicate.
Then, put the issue to rest, put it down, and move on.
HInt: Everyone else has already done so.

Best of Sucess to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
1 vote
totally agree with you!
Flag Mon May 27, 2013
Mack McCoy, Agent, Seattle, WA
Sun May 26, 2013
Virtually all real estate problems are communication issues. This, to me, is just another example. Dinesh didn't get a call back, and now, two months later, is asking US if it's okay to use another agent.

Personally, Dinesh, I think your energy would have been better used by taking the time to call or email Realtor® A and tell them that you were going to work with another agent. You don't need our permission, and if you tell this same story to the new Realtor®, they'll help you avoid any commission disputes.

All the best,
1 vote
yep - I agree!
Flag Mon May 27, 2013
Debra (Debbi…, Agent, Livingston, NJ
Mon May 27, 2013
Dinesh - in all honesty, I agree with Mack.......... instead of time spent asking strangers online what to do.......if you really want to buy the house in question - either call agent A and find out why he or she hasn't contacted you.....or...............move on - find a new agent and EXPLAIN what has transpired to them so they are in "the loop".

They can proceed with you, and still deal with the other agent in the proper manner when the time comes. Who knows, you might not even wind up buying that home.

All of this assumes, however, that you didn't sign any buyer-broker agreement with Agent A (I am not that far away from you, and we do not use those agreements here).
If you did sign something, you should make sure to cancel that first.

As far as the responses here that automatically have tarred and feathered the other agent, agent A - remember people, we have only heard 1 side of the scenario.
Not saying Dinesh hasn't shared his true account of what has occurred, but............there can always be another side, extenuating circumstances...... or a further explanation as to how the current situation came to be.
0 votes
Joseph Scroc…, Agent, Wildwood, NJ
Sun May 26, 2013
As a real estate agent and NOT an attorney I say this as an opinion not as legal fact. In my opinion the minute Dinesh's offer was not accepted the relationship between Dinesh and Realtor A is terminated if Dinesh and/or Realtor A choose not to further work together. A Buyer's Representation agreement is a contract but can be argued that it is a finite (one time transaction) agreement. Dinesh hire Realtor A to submit the offer on the house, the offer was rejected no further effort was made by Realtor A to assist Dinesh therefore there is no obligation (in my opinion) for Dinesh to have to use Realtor A. As far as procuring cause for Realtor A to be entitled to a commission I would fight that to the end. Realtor A failed by not submitting an offer that was accepted and furthermore not following up to try and get the offer negotiated to acceptable terms by buyer and seller.

In my opinion the Buyer's Representatoin agreement is not worth the paper it's printed on to give Realtor A any chance at getting a commission for a transaction he/she was not involved in.

Good Luck Dinesh. Remember, when an agent does not return calls, texts or e mails it's time to move on. Any agent has access to the same info (MLS, market data, etc.) what we are selling as real estate professionals is service. Every client deserves the best service regardless of the size of the deal.

0 votes
Donald Mituz…, Agent, Chappaqua, NY
Sun May 26, 2013
John, Dinesh's follow up answer indicates she was abandoned by her agent. Shame on them. If they are not working for their client, I don't think they deserve a commission. Yes, we all have to work together, but if her agent hasn't bothered to stay in touch and particularly didn't notify their buyer that the house she was interested in had come back on the market and at a lower price than that agent is not doing their job.

A far as procuring cause, I think you will see that most definitions of procuring cause will state that it is an "uninterrupted" series of events that leads to a successful transaction. If you read the ethics and arbitration manual I think you will find a number of questions that go something like:
1.Did the original introduction of the purchaser or tenant to the property start an uninterrupted series of events leading to the sale (or to any other intended objective of the transaction) or was the series of events hindered or interrupted in any way?
2.If there was an interruption or break in the original series of events, how was it caused, and by whom?
3.Did the broker making the initial introduction to the property maintain contact with the purchaser or tenant or could the broker's inaction have reasonably been viewed by the buyer or tenant as the broker having withdrawn from the transaction?
4.Did the broker making the initial introduction to the property engage in conduct, (or fail to take some action) which caused the purchaser or tenant to choose to utilize the services of another broker?
5.Was the entry of any cooperating broker into the transaction an intrusion into an existing relationship between the purchaser and another broker, or was it the result of abandonment or estrangement of the purchaser, or was it at the request of the purchaser?
6.Did the cooperating broker (or second cooperating broker) initiate a separate series of events, unrelated to and not dependent on any other broker's efforts, which led to the successful transaction?

Yes John, I understand Karma, but what about the Karma between Dinesh and the first agent who appears to have abandoned her?

0 votes
Dinesh, Home Buyer, Secaucus, NJ
Sat May 25, 2013
I asked the agent to show me the specific house. He did not introduce it to me, but yes, he did the best effort to take me into the house and helped me make the offer and counter offer. When it fell through he said he had a few other places to show and had even mentioned specific place to show which I believe is still in the market. I asked him if he would call me or I should. He said he would when he finds one. No emails. no phone calls after that.
0 votes
Donald Mituz…, Agent, Chappaqua, NY
Sat May 25, 2013
It all depends if you signed a representation agreement with Realtor A. If you did, that agent may be entitled to a commission. If not, ask friends or family for a recommendation of an agent. The one you had obviously isn't responsive. I disagree with John, just because an agent introduced you to a property doesn't mean they earned a commission. If you didn't come to a "meeting of the minds" in regard to price, terms etc than that agent didn't earn a commission. My feeling is you either had a poor agent or they are too embarrassed to contact you because they've done such a lousy job. Find someone else.

Good luck!

Don Mituzas
Licensed Associate Broker
Douglas Elliman Real Estate - NY's #1 Real Estate Broker
0 votes
Ronald Sheedy, Agent, Clark, NJ
Sat May 25, 2013

Any agreement you may have signed is with the Broker not the agent. I would advise that you contact the Broker to discuss your concerns. There may be a good explanation as to why you have not heard from the agent. If the Brokers response is not sufficient then I would submit a written request to be released from any agreements you may have signed. Then you will be free to use whatever agent you wish. Good Luck.

If I can be of any assistance, please let me know.

Ron Sheedy
(732) 239-7452
0 votes
Michael Pers…, Agent, Edgewater, NJ
Sat May 25, 2013
How we doing.

Which properties are you intreated in? Lets get you moving forward!

We can discuss process to withdrawl if needed.

Send me an email or text 201 848 2068
0 votes
Tim Moore, Agent, Kitty Hawk, NC
Sat May 25, 2013
Even if you did sign an agreement I would use another agent and assume that agent A won't find out since they are clueless. The agreement is with the company and NOT the agent themselves. Move on!
0 votes
Scott Godzyk, Agent, Manchester, NH
Sat May 25, 2013
If you did not sign a buyer brokerage agreement you should be fine. If you did sign one, ask for a full release in writing. You definately need a new agent who will be willing to assist you if they have not been in touch since March.
0 votes
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