How do agency relationships relate to procuring cause?

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A cooperating broker’s agency relationship to the buyer is not determinative of procuring cause. However, the timing of the cooperating broker’s disclosure of agency status may affect his right to a commission. For example, if a buyer decides at the last minute that he wants representation by a buyer’s agent, even though the original broker disclosed his subagent status early in the relationship, the series of events leading to the sale probably have not been broken by any action or inaction on the part of the original broker. The original broker would be the procuring cause of the sale. On the other hand, if the subagent fails to disclose her status until the buyer seeks information about the property’s market value, and the buyer feels compelled to obtain the information from another broker, the subagent’s failure to explain the agency status at the outset may be the event that causes the buyer to find another broker. The second broker would be the procuring cause of the sale.

Source: TAR

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