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Procuring Cause Law and Legal Definition. In the context of a real estate transaction, procuring cause refers to actions that begin or set in motion a serious of events that lead to the final sale of a property. Under some state laws, which vary by state, a real estate broker may be entitled to a commission as a procuring cause of a sale if the ...

Procuring Cause. Procuring cause refers to the legal cause of action a broker has to recover their commission. The procuring cause doctrine applies in commercial and residential real estate contexts, and even to brokered sales outside of real estate such as aircraft and yacht sales. Although difficult to determine with absolute precision, the ...

The proximate cause; the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object. The inducing cause; the direct or proximate cause. Substantially synonymous with "efficient cause." • A broker is regarded as the "procuring cause" of a sale, so as to be entitled to

Procuring Cause Doctrine Law and Legal Definition. An employee of an employer is entitled to commissions he/she procures from a ready, willing and able purchaser. The procuring cause doctrine is a default rule for interpreting a contract that is silent regarding the intent of the parties regarding post-termination commissions.

The procuring cause helps real estate agents and buyers figure out who will receive the commission on a house sale. It typically comes into play when a buyer purchases a house he saw with two ...

The greater the sales rep's role was in concluding a sale, the more likely they were the procuring cause. It's a nuanced area of employment law and open to interpretation. And even if a sales rep was, in fact, the procuring cause and entitled to a specific commission, the amount of future sales they warrant can be affected by many factors.

The "procuring cause" of a real estate transaction is the agent whose actions and efforts result in the sale of a property. It's the agent who ultimately caused the buyer to purchase the home. As such, that agent is entitled to compensation in the form of a commission. You don't have to hop from real estate agent to real estate agent to end up ...

Navigating the "Procuring Cause" Legal Quagmire. Every transactional real estate attorney knows that, in order to have earned, and to be entitled to receive payment of, a commission, a real estate broker must be the "procuring cause" of the transaction. What every real property litigator may not know is that our courts in New York have ...

Bottom line: showing procuring cause is a fact-intensive endeavor. An attorney skilled in both real estate and employment law can help agents develop a strategy to claim the commission they are due. In Part II, we will discuss one of the ways a broker who establishes they were the procuring cause can recover their commission: liquidated damages.

Procuring cause acknowledges that to earn a commission a broker or a salesperson doesn't have to be present when the buyer and the seller ink the deal. Rather, brokers need only show that they initiated an unbroken chain of events that resulted in the deal between the buyer and the seller. Generally, the law requires more than simply showing ...

Procuring Cause Law and Legal Definition. In the context of a real estate transaction, procuring cause refers to actions that begin or set in motion a serious of events that lead to the final sale of a property. Under some state laws, which vary by state, a real estate broker may be entitled to a commission as a procuring cause of a sale if the ...

Procuring Cause. Procuring cause refers to the legal cause of action a broker has to recover their commission. The procuring cause doctrine applies in commercial and residential real estate contexts, and even to brokered sales outside of real estate such as aircraft and yacht sales. Although difficult to determine with absolute precision, the ...

The proximate cause; the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object. The inducing cause; the direct or proximate cause. Substantially synonymous with "efficient cause." • A broker is regarded as the "procuring cause" of a sale, so as to be entitled to

Procuring Cause Doctrine Law and Legal Definition. An employee of an employer is entitled to commissions he/she procures from a ready, willing and able purchaser. The procuring cause doctrine is a default rule for interpreting a contract that is silent regarding the intent of the parties regarding post-termination commissions.

The procuring cause helps real estate agents and buyers figure out who will receive the commission on a house sale. It typically comes into play when a buyer purchases a house he saw with two ...

The greater the sales rep's role was in concluding a sale, the more likely they were the procuring cause. It's a nuanced area of employment law and open to interpretation. And even if a sales rep was, in fact, the procuring cause and entitled to a specific commission, the amount of future sales they warrant can be affected by many factors.

The "procuring cause" of a real estate transaction is the agent whose actions and efforts result in the sale of a property. It's the agent who ultimately caused the buyer to purchase the home. As such, that agent is entitled to compensation in the form of a commission. You don't have to hop from real estate agent to real estate agent to end up ...

Navigating the "Procuring Cause" Legal Quagmire. Every transactional real estate attorney knows that, in order to have earned, and to be entitled to receive payment of, a commission, a real estate broker must be the "procuring cause" of the transaction. What every real property litigator may not know is that our courts in New York have ...

Bottom line: showing procuring cause is a fact-intensive endeavor. An attorney skilled in both real estate and employment law can help agents develop a strategy to claim the commission they are due. In Part II, we will discuss one of the ways a broker who establishes they were the procuring cause can recover their commission: liquidated damages.

Procuring cause acknowledges that to earn a commission a broker or a salesperson doesn't have to be present when the buyer and the seller ink the deal. Rather, brokers need only show that they initiated an unbroken chain of events that resulted in the deal between the buyer and the seller. Generally, the law requires more than simply showing ...

and listing brokers. Procuring Cause disputes between sellers and listing brokers are often decided in court. The reasoning relied on by the courts in resolving such claims is articulated in Black's Law Dictionary, Fifth Edition, definition of procuring cause: The proximate cause; the cause originating a series of

The procuring cause doctrine, under Florida law, provides that a real estate broker is entitled to a commission when he/she produces a purchaser that is "ready, able and willing to perform upon the terms fixed.". Procuring cause applies in commercial and residential real estate contexts, and even to brokered sales outside of real estate ...

Procuring Cause Definition. A real estate broker is referred to as the procuring cause of a sale if their outreach and actions resulted in the sale or lease of a property. The broker who is the procuring cause of the transaction is entitled to a commission. In some cases, procuring cause disputes can arise between brokers or brokers and their ...

Common law defines procuring cause as "a broker's activity which originates a series of events which, without break in their continuity, result in accomplishment of the prime objective of employment of the broker-producing a purchaser ready, willing and able to buy real estate on the owner's terms." Hurley v.

transaction is, indeed, entitled to the commission as the procuring cause of the transaction. The factors chart contains factors gathered from many sources that have been used by arbitration panelists for years. It includes factors from NAR materials, C.A.R. materials and case law, as well as general recurring patterns in transactions.

The legal principle derived from decades of lawsuits filed by focused, betrodden real estate agents is the procuring cause doctrine. It applies in commercial and residential contexts, and even to brokered sales outside of real estate, such as sales of yachts. It is a principle of law that is likely to visit most Florida lawyers during their ...

Procuring cause' has been defined as the cause originating a series of events that, without break in their continuity, result in the accomplishment of the prime object of the employment.' (9 Cal.Jur.2d, Brokers, § 80, pp. 242-243).

Ultimately, Procuring Cause is a "FACT based" analysis of the specific events in a transaction to determine who should be paid a commission. The are no definitive "rules." Only "guidelines" to follow based on the facts. Article 17 -NAR Code of Ethics Many procuring cause disputes are

The procuring cause sets "in motion a chain of events which, without break in the continuity, cause the buyer and seller to come to terms as the proximate result of his or her peculiar activities.". Binder v. Levy Realty Co., 106 Nev. 221, 225, 790 P.2d 497, 500 (1990). In other words, the broker or agent is generally entitled to their ...

A procuring cause analysis basically answers the question of how a successful sale or lease came about. One common misconception involves the role of the purchase contract in resolving compensation issues. The situation can become complicated quickly. As the real estate industry evolves, transactions get more complicated.

Procuring Cause refers to the legal cause of action real estate brokers have to recover their commissions. The Procuring Cause doctrine applies in both residential and commercial real estate contexts and even applies to brokered sales outside of the real estate market, such as yacht and aircraft sales. Although difficult to determine with total ...

However, case law suggests that in order to be considered the procuring cause, a real estate broker must show a "direct and proximate link between the bare introduction of the buyer and seller and the consummation [of a sale].". In other words, a REBNY member must bring together a meeting of the minds between the buyer and seller and show ...

A. PROCURING CAUSE DEFINED a. Under Florida law, a broker deserves a commission if: i. The broker initiates negotiations by doing some affirmative act to bring buyer and seller together. Rotemi Realty, Inc v. Act Realty Co., Inc., 911 So. 2d 1181 (Fla. 2005) í) "If the broker locates a purchaser, inaugurates negotiations

Procuring Cause. Black's Law Dictionary, Fifth Edition, defines procuring cause as follows: "The proximate cause; the cause originating a series of events, which, without break in their continuity, result in the accomplishment of the prime object. The inducing cause; the direct or proximate cause. Substantially synonymous with 'efficient cause'."

The "procuring cause" rule is simple in theory, but complicated in application. It is used to determine a buyer broker's entitlement to the "offer of compensation" (i.e. a percentage share of the commission offered by the listing broker on the multiple listing service).

"Procuring cause" disputes are generally addressed before the Greater Las Vegas Association of Realtors©. You are not required to retain an attorney to participate in this type of dispute but experienced real estate litigation counsel can be a significant benefit.

Procuring Cause. If a REA LTOR® successfully shows procuring cause, Seller shall be bound to immediately pay Company the full Buyers' Agent Commission as listed above either at the later of closing or within 24 hours of notice. Seller assumes all liability for any procuring cause claims or lawsuits.

In procuring cause cases, experienced legal representation is critical. William G. Morris is an attorney with offices at 247 North Collier Boulevard. His practice covers a broad range of subjects, including civil litigation, real estate, business and corporate law, estate planning and probate, domestic relations and contracts.

Procuring Cause Law and Legal Definition. In the context of a real estate transaction, procuring cause refers to actions that begin or set in motion a serious of events that lead to the final sale of a property. Under some state laws, which vary by state, a real estate broker may be entitled to a commission as a procuring cause of a sale if the ...

Procuring Cause. Procuring cause refers to the legal cause of action a broker has to recover their commission. The procuring cause doctrine applies in commercial and residential real estate contexts, and even to brokered sales outside of real estate such as aircraft and yacht sales. Although difficult to determine with absolute precision, the ...

The proximate cause; the cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime object. The inducing cause; the direct or proximate cause. Substantially synonymous with "efficient cause." • A broker is regarded as the "procuring cause" of a sale, so as to be entitled to

Procuring Cause Doctrine Law and Legal Definition. An employee of an employer is entitled to commissions he/she procures from a ready, willing and able purchaser. The procuring cause doctrine is a default rule for interpreting a contract that is silent regarding the intent of the parties regarding post-termination commissions.

The procuring cause helps real estate agents and buyers figure out who will receive the commission on a house sale. It typically comes into play when a buyer purchases a house he saw with two ...

The greater the sales rep's role was in concluding a sale, the more likely they were the procuring cause. It's a nuanced area of employment law and open to interpretation. And even if a sales rep was, in fact, the procuring cause and entitled to a specific commission, the amount of future sales they warrant can be affected by many factors.

The "procuring cause" of a real estate transaction is the agent whose actions and efforts result in the sale of a property. It's the agent who ultimately caused the buyer to purchase the home. As such, that agent is entitled to compensation in the form of a commission. You don't have to hop from real estate agent to real estate agent to end up ...

Navigating the "Procuring Cause" Legal Quagmire. Every transactional real estate attorney knows that, in order to have earned, and to be entitled to receive payment of, a commission, a real estate broker must be the "procuring cause" of the transaction. What every real property litigator may not know is that our courts in New York have ...

Bottom line: showing procuring cause is a fact-intensive endeavor. An attorney skilled in both real estate and employment law can help agents develop a strategy to claim the commission they are due. In Part II, we will discuss one of the ways a broker who establishes they were the procuring cause can recover their commission: liquidated damages.

Procuring cause acknowledges that to earn a commission a broker or a salesperson doesn't have to be present when the buyer and the seller ink the deal. Rather, brokers need only show that they initiated an unbroken chain of events that resulted in the deal between the buyer and the seller. Generally, the law requires more than simply showing ...

and listing brokers. Procuring Cause disputes between sellers and listing brokers are often decided in court. The reasoning relied on by the courts in resolving such claims is articulated in Black's Law Dictionary, Fifth Edition, definition of procuring cause: The proximate cause; the cause originating a series of

The procuring cause doctrine, under Florida law, provides that a real estate broker is entitled to a commission when he/she produces a purchaser that is "ready, able and willing to perform upon the terms fixed.". Procuring cause applies in commercial and residential real estate contexts, and even to brokered sales outside of real estate ...

Procuring Cause Definition. A real estate broker is referred to as the procuring cause of a sale if their outreach and actions resulted in the sale or lease of a property. The broker who is the procuring cause of the transaction is entitled to a commission. In some cases, procuring cause disputes can arise between brokers or brokers and their ...

Common law defines procuring cause as "a broker's activity which originates a series of events which, without break in their continuity, result in accomplishment of the prime objective of employment of the broker-producing a purchaser ready, willing and able to buy real estate on the owner's terms." Hurley v.

transaction is, indeed, entitled to the commission as the procuring cause of the transaction. The factors chart contains factors gathered from many sources that have been used by arbitration panelists for years. It includes factors from NAR materials, C.A.R. materials and case law, as well as general recurring patterns in transactions.

The legal principle derived from decades of lawsuits filed by focused, betrodden real estate agents is the procuring cause doctrine. It applies in commercial and residential contexts, and even to brokered sales outside of real estate, such as sales of yachts. It is a principle of law that is likely to visit most Florida lawyers during their ...

Procuring cause' has been defined as the cause originating a series of events that, without break in their continuity, result in the accomplishment of the prime object of the employment.' (9 Cal.Jur.2d, Brokers, § 80, pp. 242-243).

Ultimately, Procuring Cause is a "FACT based" analysis of the specific events in a transaction to determine who should be paid a commission. The are no definitive "rules." Only "guidelines" to follow based on the facts. Article 17 -NAR Code of Ethics Many procuring cause disputes are

The procuring cause sets "in motion a chain of events which, without break in the continuity, cause the buyer and seller to come to terms as the proximate result of his or her peculiar activities.". Binder v. Levy Realty Co., 106 Nev. 221, 225, 790 P.2d 497, 500 (1990). In other words, the broker or agent is generally entitled to their ...

A procuring cause analysis basically answers the question of how a successful sale or lease came about. One common misconception involves the role of the purchase contract in resolving compensation issues. The situation can become complicated quickly. As the real estate industry evolves, transactions get more complicated.

Procuring Cause refers to the legal cause of action real estate brokers have to recover their commissions. The Procuring Cause doctrine applies in both residential and commercial real estate contexts and even applies to brokered sales outside of the real estate market, such as yacht and aircraft sales. Although difficult to determine with total ...

However, case law suggests that in order to be considered the procuring cause, a real estate broker must show a "direct and proximate link between the bare introduction of the buyer and seller and the consummation [of a sale].". In other words, a REBNY member must bring together a meeting of the minds between the buyer and seller and show ...

A. PROCURING CAUSE DEFINED a. Under Florida law, a broker deserves a commission if: i. The broker initiates negotiations by doing some affirmative act to bring buyer and seller together. Rotemi Realty, Inc v. Act Realty Co., Inc., 911 So. 2d 1181 (Fla. 2005) í) "If the broker locates a purchaser, inaugurates negotiations

Procuring Cause. Black's Law Dictionary, Fifth Edition, defines procuring cause as follows: "The proximate cause; the cause originating a series of events, which, without break in their continuity, result in the accomplishment of the prime object. The inducing cause; the direct or proximate cause. Substantially synonymous with 'efficient cause'."

The "procuring cause" rule is simple in theory, but complicated in application. It is used to determine a buyer broker's entitlement to the "offer of compensation" (i.e. a percentage share of the commission offered by the listing broker on the multiple listing service).

"Procuring cause" disputes are generally addressed before the Greater Las Vegas Association of Realtors©. You are not required to retain an attorney to participate in this type of dispute but experienced real estate litigation counsel can be a significant benefit.

Procuring Cause. If a REA LTOR® successfully shows procuring cause, Seller shall be bound to immediately pay Company the full Buyers' Agent Commission as listed above either at the later of closing or within 24 hours of notice. Seller assumes all liability for any procuring cause claims or lawsuits.

In procuring cause cases, experienced legal representation is critical. William G. Morris is an attorney with offices at 247 North Collier Boulevard. His practice covers a broad range of subjects, including civil litigation, real estate, business and corporate law, estate planning and probate, domestic relations and contracts.

Procuring cause also requires the agent be continuously involved in negotiation which resulted in that contract. Contract between owner and broker may create liability for commission under other circumstances and that means owners should carefully read the listing agreement before it is signed.

Common law defines procuring cause as "a broker's activity which originates a series of events which, without break in their continuity, result in accomplishment of the prime objective of employment of the broker-producing a purchaser ready, willing and able to buy real estate on the owner's terms.". Hurley v.

Procuring cause' has been defined as the cause originating a series of events that, without break in their continuity, result in the accomplishment of the prime object of the employment.' (9 Cal.Jur.2d, Brokers, § 80, pp. 242-243).

Indeed, this common law doctrine is intended to protect the agent or broker where the buyer and seller secretly and intentionally act in a manner that results in the exclusion of the procuring cause broker, notwithstanding efforts to justify the conduct.

Each procuring cause or commission dispute is evaluated on a case-by-case basis. To win a commission dispute, a realtor has to show through a preponderance of evidence that: They were responsible for the buyer's decision to purchase a property. They helped facilitate a successful transaction without a break or interruption in service.

This Legal Q&A summarizes the procedure, educational requirements, and forms needed to apply for a DRE license as a salesperson or a broker and for initial and subsequent license renewals. In addition, this Q&A has been updated with a summary of the recent MLO license endorsement for brokers and salespersons doing mortgage loans.

But the procuring cause doctrine does not apply when there is a clear written agreement that details when commissions are earned and what happens after the sales representative quits or is terminated.

In procuring cause cases, experienced legal representation is critical. William G. Morris is an attorney with offices at 247 North Collier Boulevard. His practice covers a broad range of subjects, including civil litigation, real estate, business and corporate law, estate planning and probate, domestic relations and contracts.

That person is the procuring cause of the sale and is entitled to the commission UNLESS, the multi-list terms and conditions offer to pay a buyer's agent regardless of procuring cause. Posted in Uncategorized Post navigation ← Home Improvement Consumer Protection Law (HICPA)

The Black's Law Dictionary definition has also been incorporated into the Realtors® Code of Ethics. You will find, in the NAR Arbitration Manual, reference to the Black's Law Dictionary definition of Procuring Cause. The Black's Law Dictionary definition is set in two sections or parts.

The procuring cause of the purchase or sale has to do with the interaction between the buyer or seller and the agent that results in a sale. At Pulgini & Norton, our Boston real estate lawyers can advise buyers, sellers, and others involved in a property transaction when a procuring cause dispute arises.

The Florida Supreme Court case of Rotemi Realty, Inc. v. Act Realty Co., Inc. sets forth the procuring cause doctrine for determining whether a real estate broker procured a sale and earned a real estate commission. Subject to an enforceable oral or written agreement with the real estate broker, the facts of a real estate commission dispute will be evaluated against this doctrine.

Procuring Cause according to Black's Law Dictionary is " the proximate cause, the cause originating a series of events which, without a break in their continuity result in the accomphishment of the prime objective." Procuring cause is outside of whether or not there is an Agency Agreement. While procuring cause is determined on a case-by-case ...

Procuring Cause Discussion in 'Buying ... He did not initiate a series of events that would cause us to purchase the home, which is my understanding of a procuring agent. ... The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have ...

the procuring cause of the sale. 19. In Morton v. Barney, 2" the court held that where one broker had brought about a lease for fifteen years, another broker who had attempted to bring about a lease for ninety-nine years could not have been the procuring cause of the lease finally consummated,

Procuring cause enters in when the broker brings together a buyer and an owner with "no substantial break in the ensuing negotiations," at which time the broker is considered to be the "efficient cause of the sale" and entitled to a commission.

Procuring cause is in fact the interplay of factors which together demonstrate that the unbroken efforts of a specific broker were responsible for the buyer making the decision to consummate the sale on terms which the seller found acceptable. In other words, a broker who is the procuring cause of a sale is a sine qua non of the sale -- the ...

Brokerage Law: Procuring Cause -- Revisited. Link/Page Citation A licensed broker hired by a vendor, introduces the vendor to a ready, willing and able purchaser for the purpose of consummating a real estate transaction. The vendor and the purchaser, then, negotiate and complete the transaction to the exclusion of the broker. ...

"procuring cause" of a real estate transaction has typically been deter-mined at trial by a jury's application of facts to the legal standard in-structed, unless the parties agree otherwise. 9. Yet there is some question as to whether these "procuring cause" cases have produced a unified body of law.

Florida law provides financial relief for realtors cut out of a deal—as long as the broker or sales associate is found to be the procuring cause of the transaction. If you did not receive a real estate commission that you are contractually entitled to—whether the contract is written or oral—the Business Trial Group can help.

The common law "procuring cause" doctrine entitles a broker to a commission as soon as he finds a ready, able, and willing buyer.[6] In this case, the common law doctrine is inapplicable because there was an express contract that addressed "procuring cause"[7] and, as discussed above, GREP was not the procuring cause of the sale.

Gerlew Holdings 5 explains that the common law "procuring cause" doctrine does not apply: [T]he cases dealing with entitlement to commission by proving that the agent was the "procuring cause" of the sale generally apply in the absence of an exclusive contract to sell. The plaintiff and the defendant having entered into an express ...

The procuring cause doctrine (along with Michigan's Sales Representative Act [5]) serves to ameliorate the harsh effects of standard agency law that would allow agents' authority to be strategically terminated to avoid paying commissions. It gives legal support to agents whose claims for commissions may already be sympathetically presented.

Procuring cause is defined as the uninterrupted series of causal events which results in the successful transaction—a sale that closes. NAR provides an extensive list of specific factors an arbitration panel should consider in such disputes. Here are a few of those factors: -The nature and status of the transaction.

• "Procuring cause" may be defined as a series of events, unbroken in their continuity, that result in the desired objective (i.e., generally, the sale of property). Black's Law Dictionary, Fifth Edition, defines procuring case as: The proximate cause; the cause originating a series of events which,

This Article aims to provide a basic overview of Virginia law resulting from suits for sales commissions, with a special emphasis on "procuring cause" case law. By thinking ahead to the kinds of issues that have resulted in the recovery or failure of sales commissions by agents in past sales commission cases, real estate litigators will be in a better position to advise their clients.

The legal definition of "procuring cause" is, as legal definitions are wont to be, a little on the arcane side. An abstract definition commonly used by courts defines the standard as: "The proximate cause; the cause originating a series of events, which, without break in their continuity, result in the accomplishment of the prime object."

Because real estate brokers typically work on a commission basis, disputes often arise as to whether they are entitled to compensation or not. In Nevada, a broker is only entitled to a commission if the broker was the "procuring cause" of the sale. Certain guidelines aid in determining whether a broker was the procuring cause. For example, in situations involving non-exclusive listings ...

Under Florida law, if you are a real estate broker, and you are the procuring cause of a sale, then you are entitled to a commission. "Procuring cause" means you are the party that is responsible for successfully securing the sale. To earn a commission as a procuring cause, a broker must perform two tasks:

Procuring Cause If you are a real estate Broker suing a Seller or another Broker over a real estate sales commission, or defending against such a claim, you deserve to be represented by a qualified real estate attorney. ... Arbitration panels many not always follow case law.

To cause something to happen; to find and obtain something or someone. Procure refers to commencing a proceeding; bringing about a result; persuading, inducing, or causing a person to do a particular act; obtaining possession or control over an item; or making a person available for sexual intercourse. West's Encyclopedia of American Law ...

The purpose of this study was to examine the relationship among Procuring Cause Law, real estate agent years of experience, and real estate commission disputes. A pilot survey was conducted in the southwestern United States among real estate agents, realtor(s), and brokers. After testing the hypothesis, the decision was made to fail to reject ...

How is "procuring cause" defined? A procuring cause has been defined by Michigan courts as the "chief means" by which a sale was finally effected. Whether a salesperson was a procuring cause generally turns on the facts of each case making written agreements critical in order to avoid litigating those facts.

procuring cause of the sale; and another cooperating broker (CB-2) subsequently claims to be the procuring cause of the sale. Before SOP 17-4, the cooperating broker claiming that he should have been paid (CB-2) was required to institute an arbitration proceeding against the listing broker to recover the selling share of the commission. The listing

The Dorsey case also appears to have introduced the doctrine of procuring cause to Florida law. The court explained that where a broker brought the parties together and sale of real estate result from continuous negotiations started by the broker, the broker is entitled to a commission even if the terms of sale change after the initial contract.

This blog article fills that void by exploring California's case law on the 'procuring cause' requirement. Ready, Willing, and Able - A Brief Summary Under California law, a broker has satisfied the ready, willing, and able requirement when he has produced a buyer willing to purchase the property for the price and terms specified by the ...

Procuring cause. I'm a broker in Colorado and I have a situation. If the listing agent showed a property to a person and spent a few hours with that person. The customer/client thought that would write a contract on the property shown through the listing broker.

- Black's Law Dictionary, Sixth Edition definition. Procuring Cause scenarios Licensee refers a prospective buyer to a property but does not accompany the prospect. Licensee had no authority to show the property. Requirement of follow-through of Procuring Cause claimant or consequences of abandonment of prospective buyer.

Procuring cause disputes between sellers and listing brokers are often decided in court. The reasoning relied on by the courts in resolving such claims is articulated in Black's Law Dictionary, Fifth Edition, definition of procuring cause:

A broker who is the procuring cause is entitled to a commission. A seller and buyer may not deny the broker's status as procuring cause by excluding the broker from negotiations. In order for the broker to be the procuring cause, the buyer and seller must come to a meeting of the minds regarding the transfer of property.

Accordingly, in examining whether Brown procured a buyer within the meaning of the listing agreement, we avail ourselves of the decisional law regarding procuring cause. Brown's alternative theory of liability, that he is entitled to a commission in quantum meruit, also hinges upon whether Brown was the procuring cause of the sale.

section 82.21, subdivision 2 displaces the common law procuring cause doctrine in disputes over real estate broker commissions.1 In spite of recent precedent asserting the statute's abrogation of the common law,2 the supreme court in Rosenberg held that Minnesota real estate brokers can rely on the procuring cause doctrine as an

The Doctrine of Procuring Cause . Procuring cause refers to a broker's efforts to match a ready willing and able purchaser with a seller and for a sale to take place as a result of the broker's continuous negotiation and/or involvement. Stated differently, to be the procuring cause of a sale or lease of real estate, a broker or agent must ...

Procuring Cause: Misconceptions, Complications — and Solutions. A procuring cause analysis basically answers the question of how a successful sale or lease came about. One common misconception involves the role of the purchase contract in resolving compensation issues. The situation can become complicated quickly.

The procuring cause doctrine is a default rule that often arises when there is no agreement — whether oral or in writing — regarding payment of commissions after the end of a brokerage or ...

procuring cause. A broker is considered the procuring cause of a sale and is entitled to a commission if the broker's efforts are the foundation on which negotiations resulting in a sale are begun. The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD.

Procuring Cause & Arbitration—Legal Podcast. This week, the Virginia REALTORS® legal team discusses procuring cause. Cate and Jon talk about the fact-specific test used to determine procuring cause in disputes between buyers agents. They also discuss arbitration for those unfortunate times where negotiations don't work.

Secondary Liability In The Criminal Law. 1.The issue of criminal liability for encouraging or assisting another person to commit an offence is a complex and difficult area. The issue is important because it is commonly the case that criminal offences involve two or more participants, only some of whom are the actual perpetrators of the offence.

Revocation is allowed by law which states that the agency is revoked if the principal directly manages the business entrusted to the agent, dealing directly with third persons. (Art. 1924, NCC). The agent was not the procuring cause of the contract between the parties, hence, he is not entitled to commission. (Sanchez vs. Medicard Phils.

The court took up the case to determine if commissions can only be earned on sales during the course of employment or if the "procuring cause" standard applies. That standard often arises in the context of real estate agent commissions and allows compensation for the person who caused the sale to be procured regardless of employment status ...