NAR defines procuring cause as “the uninterrupted series of causal events which results in the successful transaction.” Commission conflicts must be evaluated based upon all the relevant facts and circumstances leading up to a sale. Rules of thumb and other predetermined ideas must be disregarded.
Although NAR provides an extensive list of specific factors to be considered in procuring cause disputes, most cases will turn to the following factors:
-Who first introduced the buyer to the property, and how was the introduction made?
-Was the series of events starting with the original introduction of the buyer to the property and ending with the sale hindered or interrupted in any way?
-If there was an interruption or break in the original series of events, how was it caused and by whom?
-Did the action or inaction of the original broker cause the buyer to seek the services of the second broker?
-Did the second broker unnecessarily intervene or intrude into an existing relationship between the buyer and the original broker?
The reason for the entry of the second broker into the transaction always should be examined closely. For example, if the original broker did not call the buyer for three weeks after a showing, the hearing panel might decide that he abandoned the buyer and paved the way for the entry of the second broker. If, on the other hand, the buyer looked at a home with the original broker and the next day wrote an offer through his cousin, the second broker, then the second broker may be seen to have intervened unnecessarily in the transaction.