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wisconsinhomebuyer

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Question as to what triggers a procuring clause?

Answer

Thanks Hamp!Here is a quote for future googlers finding this post:-- Did the buyer express the desire not to deal with the broker and refuse to negotiate through him?A buyer may decide not to negotiate through a broker and unless the broker has an exclusive right to sell agreement, the broker will not be the procuring cause of a subsequent sale. Walker v. David Davies Inc., 296 N.E.2d 691 (Oh. App. 1973). In Walker, the broker had no direct negotiations with the buyer; in fact the buyer expressed a desire not to deal through the broker. Id. at 695. Thus, the court held that the broker was not the procuring cause even though he had incurred expense and spent time trying the sell the property. Id.

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Question as to what triggers a procuring clause?

Answer

There should a state law, that no real estate can make a claim to procurement from an action, unless they fully disclose that such action will result in procurement and the buyer (or seller) losing such rights/flexibility to designate procurement to an independent advisor of their choosing.Before each house showing, the agent should fully disclose whether it will involve exclusive procurement to that property.  Same with "sharing leads".  Ask the buyer if they are interested a property of that rough description before emailing to them the details.  Most buyers wouldn't understand that this denies them or an agent of their choosing to find that property on their own effort.Furthermore there should ALWAYS be an option out of dual-agency situations.

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Question as to what triggers a procuring clause?

Answer

Ofe, if I have a buyers agent show me the house after this individual did, won't that result in a procurement war?  If I haven't signed anything, can I get my own buyers agent and they would be entitled to the commission?  Are there any website references on this type of thing.  I can't have been the first to fall victim to this...website > listing company real estate company > house showing > dual agency/procuring headlock?

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Question as to what triggers a procuring clause?

Answer

Thanks for the prompt reply.I've signed nothing with nobody.  My only "sin" was to be shown the home by this "sub-agent".  I don't know the exact designations.  But it is the same real estate company and this "showing-agent" definitely described the "listing agent" as their boss.The showing agent was the one who told me that procuring clause locked me in with them (when I brought getting an independent agent).Any legalize/suggestions that I can use to counter would be appreciated!

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Question as to what triggers a procuring clause?

I on my own, found a listing on a "zillow-like" website and contacted the listing agent for a home previewing.  He was out of town and the secretary told me she would find of his employees to show me the house.  After the showing, I express an interest in writing up an offer, but from an indepdent agent of my choosing that doesn't work for this real estate company.  I am told essentially because of the "procuring cause", I'm stuck with the employee.  Does this mean I can't get my own represenation (aka buying agent)?  To buy the home, I would have to be in a dual agency situation, in which the company would represent both sides?  Given that I signed nothing, was not told of this arrangement would be triggered by a home showing, found the house from the listing agent's listing on a website on my own, originally tried to contact the listing agent and would have offered regardless of who did the home tour this doesn't seem fair!  What are my options?

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