Val Evans

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Rainmaker
4,333,641
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

You will have to prove you were the procuring cause of the sale to be owed a commission. But if you released the buyer from your agreement, it may be tough to do so in a resale. With new construction in our area, if you registered them, the builders will typically honor that--65-75% of our builders' business comes from agents, so they really will bend over backwards not to tick us off.

Nov 19, 2015 09:02 PM
Rainmaker
1,541,748
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

It depends on a broker if they are willing to fight for those commissions, since technically yes, you are a procuring course of that sale. 

Nov 19, 2015 03:39 PM
Ambassador
3,986,910
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

That all depends. Being fired from representation and earning a commission are not necessarily the same. I would have discussed this at the termination.

Nov 19, 2015 10:30 AM
Rainmaker
612,606
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

It all depends on what your agreement says and why you were fired?  was there aleniation? break in service? Or was it because the other agent offered them a rebate?  Lots of unanswered questions...

Besides, if they are registered with a builder under your name, that builder will probably not want to kick you out and pay someone else.

Eve

Nov 19, 2015 07:59 AM
Rainmaker
1,659,205
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

Lots of great answers here. My take on it is even with a Buyers Representation Agreement, all a buyer need do is state that in their opinion, you are not properly representing their interests and you are toast. Consumerism laws are very strong and expensive to defeat in front of a judge. It will be the buyers' word against you and the review is highly subjective.

Nov 19, 2015 10:48 PM
Rainmaker
4,414,250
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Too many variables for a simple answer. Why were you fired? Do you have a written exclusive for a period of time?

Nov 19, 2015 10:21 PM
Rainer
42,470
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

It depends how your agreement is written and how long after you were "fired" that the Buyer decided to purchase a home you had exposed them to. Were you verbally fired or were you given notice in written form? Did the buyer sign an agreement with the new agent ? Since you are the procuring agent I would at least try for a referral fee as a compromise. Its worth a shot.

Nov 19, 2015 08:27 PM
Rainmaker
1,683,406
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

It all depends on how the contract reads.

Nov 19, 2015 12:58 PM
Rainmaker
530,685
Gary Coles (International Referrals)
Venture Realty International - Las Vegas, NV
Latin America Real Estate

I have seen this occur a number of times in Las Vegas and in each case, the builder paid the agent who registered the client.  These were all major builders and they were very firm with their policy of paying the procuring agent.  In each case, they stated that the first visit to the tract and registration was the one and only determining factor.

Nov 19, 2015 11:49 AM
Ambassador
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Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

In your scenario, yes. You showed them the home they purchased and you have a contract? 

Nov 19, 2015 10:25 AM
Rainmaker
5,764,020
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

We had a similar case on a very large lease.  The lessee tried to go around us, because the other agent had agreed to kick back the commission.  The building supported us on this one.  And yes, we got paid.  A

Nov 19, 2015 07:57 AM
Rainmaker
1,465,977
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Val Evans I don't believe you are because there is no procuring cause for the agent who was fired. Bringing a buyer to a developer and registering is not procuring cause.

Nov 19, 2015 07:12 AM
Rainmaker
1,597,930
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Fires? 

I really don't know...

Jul 04, 2019 11:03 AM
Rainmaker
4,799,651
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Probably not. Though each circumstance may be different.

Nov 21, 2015 06:20 AM
Rainmaker
1,413,214
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If you can prove you registered them first, my guess would be yes.  I know there is a similar protection for listing agents.

Nov 20, 2015 08:51 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Depends on what your agreement specifies, I would think that it would require them to pay you.

Nov 20, 2015 05:52 AM
Rainmaker
912,365
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Val - Every case would have to be looked upon individually to determine who should or should not get paid. Things to consider:

Procuring cause, and is there proof of procuring cause.

Did the first agent actually let the buyer out of the buyer broker agreement, or did the buyer just decide they no longer wanted to work with that agent.

What, or how is the original buyer broker agreement worded. There is nothing in our buyer broker agreement that allows the buyer to fire the agent/broker.

What was the reasoning for the buyer to fire the first agent.

Did the second agent have the buyer sign a buyer broker agreement.

Is the second agent related to the buyer, or was the second agent offering any sort of discount to the buyer on their commission in order to get their business.

I am sure there are a lot more questions to be asked as well, but this is why each case would have to be handled on an individual basis. There is no "Yes" or "No" answer to your question, it depends on a lot of variables.

Nov 20, 2015 04:14 AM
Ambassador
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Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

What does the buyer broker contract say?  But even if that buyer does technically owe you a commission, there must have been some reason it didn't work out.  While it might not have been your "fault", the buyer might have a different perception than you did.  I'd move on.

Nov 20, 2015 12:17 AM
Ambassador
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John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Much good input here.  My first thing would be to decide if it were worth the stress of the battle. 

Nov 19, 2015 11:42 PM
Rainmaker
3,070,584
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Depends.  If you didn't agree to being "fired", then whatever the signed agreement stipulates and/or builder policy (which should be on the registration form) should apply.

Nov 19, 2015 10:32 PM
Rainmaker
3,368,106
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

YES unless you signed a full release of the contract you had with them

Nov 19, 2015 09:50 PM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

You will have to talk to an attorney to interpret your contract with the buyer.

Nov 19, 2015 09:34 PM
Rainmaker
4,221,210
Richard Weeks
Dallas, TX
REALTOR®, Broker

It depends on the reason, and if your broker is willing to file a law suit.

Nov 19, 2015 09:07 PM
Rainmaker
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Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Val. I would never make one of these situations a legal battle, if someone wants out of an agreement, I would absolutely let them out without a fee.

Nov 19, 2015 05:37 PM
Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Did the agent's actions directly result in the buyer's decision to proceed with that home purchase? If so, and that unbroken chain of events is documented to support it, 'possibly'. PC is very tough to win without it. Firing the agent does not negate PC, AND a EBA agreement does not assure it.

Nov 19, 2015 11:37 AM
Rainmaker
2,007,110
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I think that agents here are trying to help and you keep changing the scenario. Are you speaking on behalf of the first agent or the second? Why was the first agent "fired" - it does matter if the first agent abandoned the client or breached their fiduciary duties - on the other hand, if the first agent was the clear procuring cause on new construction that agent may have a cause of action. Comparing a buyer agent dispute to a listing agent scenario just doesn't work - they are two very different situations. Listing with a new agent clearly cuts off the right of the first agent to a commission - but you keep changing the fact pattern or revealing new twists which make it difficult or impossible to give any meaningful advice since it is the facts and the buyer agency agreement language which will control. 

Nov 19, 2015 10:50 AM
Ambassador
1,398,045
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

I have a firm belief in contracts.   A Buyer cannot "fire" me if we have a valid Buyer's Representation Contract.   It can reach the expiry of same but I cannot fire them and they cannot fire me.   Any other Realtor would have a full understanding of same.  The first question we ask is "Are you being represented by any other Realtor?" 

Nov 19, 2015 09:57 AM
Rainmaker
2,224,167
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Did the agent show them the house they ended up buying? This could be a case for procuring cause then. Why was the agent fired? There are a lot of factors that come into play. Also the agency agreement needs to be looked at to see what it says. 

Nov 19, 2015 08:00 AM
Rainmaker
1,157,535
FN LN
Toronto, ON

Reference needs to be made to the signed agreement to determine if a commission is owed.

Nov 19, 2015 07:39 AM
Rainmaker
908,303
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

The right answer resides in the small print and the laspe time.

There remains a procuring cause AND exclusionary period defined in the agreements involved that were signed by the subject. Of course there may also exist unconditional and conditional agreements and protection period.

On new construction, the compensation amount may be worthy of the fight.

My experience has been if you contact agent two, a solution can be found without resorting to burnt earth programs.

Nov 19, 2015 07:22 AM
Rainer
231,174
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

yes. collecting it is likely not worth it, better luck had likely collecting from the new home seller than the buyer

Nov 19, 2015 06:54 AM