As a real estate professional, the amount you're paid for each sale is often dependent on commission. And the average commission for the sale of a property is6% of the purchase price.

But, how do you know you'll be paid fairly for the work you've done? This is where procuring cause comes into the picture.

Let's demystify the procuring cause and what it means for real estate professionals.

免费资源:房地产策略模板

采购原因决定谁接收小职员sion once the sale of a home is complete, and the payment goes to the broker whose actions led the client to buy. Issues can arise if a buyer works with more than one broker or agent during the home buying process.

例如,假设一位代理商将买方介绍给房地产,买方最终与第二代理商购买并最终确定了销售。如果代理商声称他们是销售的原因,则可能导致纠纷。

Next, we'll take a look at how the procuring cause can lead to conflict.

What is a procuring cause dispute?

出售或租赁财产后,可能发生纠纷。而且通常没有收到出售佣金的代理商向当地房地产委员会提出投诉。

采取原因纠纷通常是通过仲裁解决的,这是一种解决法院以外冲突的争议解决技术。有听力小组在之间进行仲裁的争议real estate brokers, or between brokers and their clients.

根据National Association of Realtors (NAR), "the objective of a panel is to carefully and impartially weigh and analyze the whole course of conduct of the parties," to come to a fair resolution for the parties involved. Once the panel deliberates and chooses who receives the commission or award for the sale, it can rely on the power of local courts "to support and enforce its arbitration awards."

NAR'sCode of Ethics & Arbitration Manualincludes aprocuring cause arbitration worksheetwhich provides questions a hearing panel can use to mediate the arbitration. Below are a few examples:

  • 谁首先将买方或租户介绍给该物业?
  • 何时首次介绍该物业?
  • 是向买方或房客介绍的财产open house?
  • 买方或租户是自己找到该物业的吗?
  • 最初介绍该物业的经纪人是否与买方或租户保持联系?
  • If more than one broker was involved, when did the second broker enter the transaction?

In many cases, the panel needs to consider a combination of many factors, which is why it's important the panel covers a variety of questions. Here area few factors the hearing panel will considerwhen making a decision about who is entitled to compensation.

  • Nature of the transaction
  • 上市协议条款
  • Terms of the offer to compensate
  • Roles and relationships of the parties involved
  • 经纪人,买方和卖方的行为
  • 连续性中断(即放弃和疏远)

在每种情况下,采取原因争议可能无法预防,但是房地产经纪人可以使用某些行动来减少冲突的可能性。如果经纪人在关系开始时与客户交谈,他们可以询问客户是否在购房过程中与其他经纪人合作。

For example, if your client was shown a house by another broker and they signed a buyer-broker agreement with that broker, this is information you'd want to know. And if they signed an exclusive contract with the other broker, you knew about the contract and continued to work with the buyer, this could result in a dispute.

了解客户以前与谁合作的人会提醒您采取纠纷的潜力。要了解有关房地产的更多信息,请查看这些real estate income questions and answers下一个。

本文不构成法律建议。采购仲裁的过程将有所不同,因此您应该寻求自己的法律建议,以确保您遵循正确的过程。

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Originally published Jan 18, 2019 7:30:00 AM, updated August 13 2021

Topics:

Real Estate