What is Procuring Cause
So, who gets the commission? The sometimes complicated issue of procuring cause. What are the right questions to ask and procedures to follow to ensure that each agent gets the commission they have earned.
What is the Law in IllinoisA Broker is entitled to a commission if he or she is the procuring cause of a consummated real estate transaction which he or she was employed to negotiate.
Legal Definition - A cause originating a series of events which, without break in their continuity, result in the accomplishment of the prime objective of the employment of the broker who is producing a purchaser ready, willing and able to buy real estate on the owner's terms.
A relationship with a client or lack of one, and entitlement to compensation are separate issues.
Meaning - I showed you 45 houses another agent showed you 1 house. You later ask me to show it to you again, I write the contract and submit it to the listing agent and you purchased that house.
Other agent gets the commission.
Factors Determining Procuring CauseWho first introduced the purchaser to the property?
Was the introduction made when the buyer had a specific need for that type of property?
Was the introduction instrumental in creating the desire to purchase?
Did the buyer know about the property before the broker contact was made?
Were there previous dealings between the buyer and seller?
Was there a faithful exercise of the duties a broker owes a client?