For Brokers

7 Key Questions To Determine Procuring Cause

The majority of commission disputes hinge on disagreements over whether individuals contributed significantly to making a sale. In determining if a cooperating salesperson or broker is entitled to a commission, consider the following:

1. When and how was the original introduction [of the buyer to the property] made?

2. Did the original introduction start an uninterrupted series of events leading to the sale?

3. Did the broker/salesperson who made the original introduction maintain contact with the buyers?

4. Did the broker/salesperson engage in conduct that prompted the buyer to look elsewhere for assistance?

5. If more than one cooperating broker was involved, was the second broker/salesperson aware of the prior introduction of the buyer to the property?

6. Was the introduction of a second broker an intrusion into the transaction or the result of estrangement or abandonment by the original broker?

7. Did the cooperating broker initiate a separate series of events, not dependent on the original broker’s/salesperson’s efforts, that led to the successful transaction?