In his comments on Russell Shaw’s article, Jay Reifert Is Tired of NAR Hiding the Truth, Jay Reifert warns us early on that he is
spoiling to get this fight into the public eye
I suspect this may be driving his over-the-top diatribe. Too bad, because I think he makes a valid point that the practice of acknowledging procurring cause is not (always) in the client’s best interest. And in states like Arizona, agency is all about the client’s interest, which comes first, even ahead of the agent’s self interest.
Jay describes a situation that really does happen, way too often:
Buyers, though, are screwed over by Procuring Cause, PC, all the time. Here’s how it works: They go out looking at homes,willy nilly, not having any idea that they are creating bligations to any licensees. (The Secret Contract.) They find a house. Then, they begin researching their next steps.As part of their research, they discover buyer agency. Then,they start interviewing buyer agents. Then, they discover that the buyer agents are afraid to touch them, because they have already seen the home they think they want to pursue and the buyer agent doesn’t want to risk losing his/her fee to another licensee who may file a Procuring Cause claim.Hence, the buyer-due to no fault on their own part, as PC has NEVER been disclosed to them-loses their right to representation. It happens all the time. Theft of buyer rights. It’s heinous.
I would absolutely love it if home buyers always came armed with the type of agreement that Jay suggests, putting listing agents on notice that the buyer is represented. Lord knows I try to educate my own buying clients — I explain the benefit of always having me escort them even to new home builds and open houses, I explain the disadvantages to the client that can be created if they don’t have me escort them, I give them a supply of my business cards, I even give them the American Dream Home Buyer’s Passport. Still, I find myself running interference because my buyer client just happened to stop at an Open House she had Read more
Ronan Doyle lives in Boston and works as an advertising agency creative executive. He loves distinctive homes and is building his wealth house by house: Search, buy, improve, enjoy, sell — then repeat the process.
Jeff Brown is a San Diego-based real estate investments broker. He makes millionaires of his ordinary-investor clients. If that’s not enough to make you smile, his sage, folksy wit should do the job.
Cathleen Collins is a Phoenix-area Realtor. With a background in hi-tech project-management and a deft hand in customer service, she is building a respectable listing practice in the Historic Districts of Downtown Phoenix.
Tony Fredericks is a San Francisco-area roofing contractor who is using his surplus income to build a real estate investment empire. Tony is a wine aficionado who brings a fine discrimination to everything he does.
Richard Riccelli is a Boston-based direct marketing guru. His advertising agency specializes in magazine circulation, but here Richard will deploy his vast expertise and rapier wit to real estate marketing issues.
Russell Shaw is a mega-producing Realtor working in Metropolitan Phoenix. He and his team close approximately 400 transactions a year, consistently putting Russell among the top 30 Realtors nationwide.
Greg Swann is a Phoenix-area Realtor and real estate broker. The most prolific of our contributors, Greg is not completely happy with anything until he has picked it apart and put it back together in his own way.
The Arizona Republic is positively ripe with real estate stories today.
Well.