When purchasing a home, there are many factors to consider, and real estate can be a complex and overwhelming process. However, working with an experienced and knowledgeable real estate agent can make the process much easier. A good agent can help you find the right home for your needs and budget and provide valuable guidance and advice.
What Is Procuring Cause In Real Estate?
In real estate, procuring cause is the uninterrupted series of events that results in a successful transaction. This includes everything from the initial contact with the buyer or seller, to the negotiation of the contract, to the completion of the sale.
Procuring a cause is essential in real estate because it can help determine who is entitled to the commission on a sale. For example, suppose there is a dispute between the buyer’s and seller’s agents. In that case, the procuring cause can be used to determine who was responsible for bringing the parties together and, thus, who is entitled to the commission. In some cases, the procuring cause may be clear cut.
What is the procuring cause in Florida real estate?
The procuring cause in Florida real estate is a real estate broker’s entitlement to a commission when they produce a purchaser who is “ready, able, and willing to perform upon the terms fixed.” In other words, the procuring cause is the factor that brings about a successful real estate transaction.
To be considered the procuring cause, the broker must have taken some action that resulted in the purchaser being interested in the property and making an offer to purchase it. Merely introducing the buyer to the property is not enough; the broker must have been actively involved in the negotiations and played a significant role in bringing about the sale.
What is the procuring cause in Illinois?
A few factors can be considered the procuring cause in a real estate transaction in Illinois. Typically, the agent who first introduces the buyer to the property is considered the procuring cause. This is because the agent’s actions and efforts ultimately result in the sale of the property.
However, other factors can be taken into account when determining the procuring cause, such as whether the agent was the one who negotiated the contract or if the agent was the one who closed the deal. Ultimately, it is up to the court to decide which factor or factors were the most important in causing the sale of the property.
What is the procuring cause in Texas?
In Texas, “procuring cause” is defined as the event that produces the required result, such as an offer, contract, or closing. This concept is vital in real estate transactions because it can determine who is entitled to a commission.
For example, if a buyer makes an offer on a property through a real estate agent but then decides to purchase the property directly from the seller, the agent may not be entitled to a commission. However, if the agent can show that they were the procuring cause of the sale, the agent may be entitled to a commission.
How can an agent avoid a procuring cause lawsuit?
There are a few ways that an agent can avoid a procuring cause lawsuit. One way is to have a Nonexclusive/Not for Compensation agreement with a buyer. This agreement allows the buyer to work with multiple agents. This way, the agent is not the only one working with the buyer and, therefore, can’t be held liable if the buyer decides to sue.
Another way an agent can avoid a procuring cause lawsuit is to make sure that all of their actions are above board and legal. If an agent is accused of something illegal or unethical, they will be more likely to be sued.
Frequently Asked Question
What is it called when a realtor shows you a house?
A showing is an opportunity for a real estate agent to present a property to a potential buyer. Showings typically occur after the buyer has expressed interest in the property and is working with a real estate agent. The agent will work to schedule a convenient time for the buyer to view the property.
During the showing, the agent will point out features of the property that may be of interest to the buyer. The agent will also answer any questions the buyer has about the property. After the showing, the buyer will typically have a better understanding of the property and whether or not it is a good fit for their needs.
What is a protected period in real estate?
The protected period is when a real estate agent is not allowed to solicit business from a client with whom they have recently worked. The period typically lasts 30 to 45 days. The protected period is designed to give buyers and sellers a chance to assess their experience with their agents and decide if they would like to continue working with them.
It also allows agents to focus on their current clients and ensure they provide the best possible service. During the protected period, agents are not allowed to contact their clients directly or indirectly. They cannot send emails, or texts, or make phone calls. They cannot post anything on social media that could be construed as a solicitation.
Can a buyer make multiple offers in Illinois?
It is not uncommon for a buyer to make multiple offers on houses in Illinois. There is no law against making offers on multiple houses. However, knowing the potential implications of making multiple offers is essential. If a buyer makes an offer on the house and the seller accepts, the buyer is legally obligated to purchase the house.
If the buyer makes an offer on another house and the seller accepts, the buyer is legally obligated to purchase two houses. This could create a financial burden for the buyer. Therefore, it is essential to be aware of the potential implications of making multiple offers before doing so.
Why would a seller want an exclusive listing?
There are several reasons why a seller might want an exclusive listing. One reason is that it establishes a ground for honesty, trust, and confidence between the seller and the broker. This can be beneficial for both parties involved, as it can help to ensure that the process goes smoothly and that both parties are satisfied with the outcome.
An exclusive listing may also help expedite the sale of the property, as the broker will be motivated to sell the property quickly to receive their commission.
What is the most commonly used type of listing agreement?
There are separate listing agreements used in the real estate industry, but the most commonly used listing agreement is the exclusive right-to-sell listing.
This agreement gives the listing broker the exclusive right to sell the property and allows the broker to collect a commission even if another broker sells the property.
This agreement benefits the seller and the listing broker by providing more protection and incentive for the broker to sell the property.
Can you sell a house privately after a contract with an agent?
Selling a house privately after signing a contract with an agent is possible. The agent stipulated in the contract is the only one allowed to sell the home during the specified period. However, specific clauses in the contract may allow the homeowner to sell the property themselves.
It is essential to read through the contract carefully to determine if this is an option. If the homeowner does choose to sell the property themselves, they may be responsible for paying the agent a commission.
The procuring cause is the agent directly responsible for the successful transaction. To be considered the procuring cause, an agent must have been involved in the transaction from the beginning. The agent must have also been actively promoting and marketing the property.