采购原因

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. 原来的经纪人将是买卖的促成人. 另一方面, if the subagent fails to disclose her status until the buyer seeks information about the property's market value, 买方觉得有必要从另一个经纪人那里获得信息, the subagent's failure to explain the agency status at the outset may be the event that causes the buyer to find another broker. 第二个经纪人将是买卖的促成人.

Procuring-cause disputes between REALTORS® are usually settled in arbitration proceedings because of the mandatory-arbitration provision found in Article 17 of the 道德守则. Article 17 provides that contractual disputes between REALTORS® associated with different firms must be submitted to arbitration rather than resorting to litigation. To sue another REALTOR® for a commission in such cases and then to refuse to withdraw from or to dismiss the suit upon demand by the other party is a refusal to arbitrate under Standard of Practice 17-1. 这违反了职业道德准则. However, litigation is not a violation of Article 17 if all parties to a dispute waive their right to arbitrate. Remembered that the broker (REALTOR® principal in arbitration cases) is a necessary party to any arbitration or litigation.

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. 经验法则和其他预先确定的想法必须被忽视.

Although NAR provides an extensive list of specific factors to be considered in procuring cause disputes, 大多数情况下会转向以下因素:

-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?
-如果在最初的一系列事件中有中断或中断, 它是如何引起的，由谁引起的?
-Did the action or inaction of the original broker cause the buyer to seek the services of 第二个经纪人?
-Did 第二个经纪人 unnecessarily intervene or intrude into an existing relationship between the buyer and the original broker?

The reason for the entry of 第二个经纪人 into the transaction always should be examined closely. For example, 如果原经纪人在看房后三周内没有给买家打电话, the hearing panel might decide that he abandoned the buyer and paved the way for the entry of 第二个经纪人. If, 另一方面, the buyer looked at a home with the original broker and the next day wrote an offer through his cousin, 第二个经纪人, then 第二个经纪人 may be seen to have intervened unnecessarily in the transaction.

这个问题的答案取决于谁是销售的采购原因, and it will be up to an arbitration panel to make the final determination if there is a procuring cause dispute.

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. 以下是其中的一些因素:

-交易的性质和状态
-The nature, status, and terms of the listing agreement or offer to compensate
-各方的角色和关系
-The initial contact with the purchaser: Who first introduced the buyer to the property?
-经纪人或代理人的行为
-连续性和连续性的中断
-买方的行为
-卖方的行为

在上面的问题中，上市经纪人展示了房产. However, 仲裁小组将考虑许多因素, 就像上面列出的, 确定销售的采购原因.