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Procuring cause is in fact the interplay of factors which together demonstrate that the unbroken efforts of a specific broker were responsible for the buyer making the decision to consummate the sale on terms which the seller found acceptable.
A contract is a legally enforceable agreement between adults. To be enforceable, the contract must be entered into voluntarily, have clearly agreed upon terms and conditions and demonstrate the exchange of ?consideration?.
The Nevada Supreme Court has stated general principles. The procuring cause sets ?in motion a chain of events which, without break in the continuity, cause the buyer and seller to come to terms as the proximate result of his or her peculiar activities.? Binder v. Levy Realty Co., 106 Nev. 221, 225, 790 P.
Although it is illegal in some states for a real estate agent to act as a dual agent, it is legal in Nevada, so long as the agent obtains informed consent from both the buyer and seller.
In real estate, procuring cause refers to the series of events initiated by the real estate agent who ultimately helped the buyer close on the home. If the buyer used more than one agent, determining procuring cause ? and ultimately which real estate agent gets the commission on the sale ? can be difficult.
Let's say one agent introduced the buyer to a property, and the buyer eventually purchased and finalized the sale with a second agent. If the agent claims they were the procuring cause of the sale, this could lead to a procuring cause dispute.
Whether a broker is the procuring cause of a sale must be factually determined on a case-by- case basis. Many factors can impact a determination of procuring cause, but no one factor is by itself determinative.
If you are acting as an agent in a real estate transaction in Nevada, even if you are a Nevada licensed real estate agent representing yourself as a principal in the transaction, you are required to provide the other party in the transaction with the form when the other party is not represented by a Nevada real estate ...