Buyer decides to represent himself, buyer requests more details about a condo on RedFin, gets contacted by listing agent, LA and buyer meet at condo and do a walkthrough, buyer says where do I submit my offer, LA and broker both state your offer won’t be accepted unless you’re represented by a realtor, broker says you can use LA, buyer declines offer and says “I’ll have my realtor be in contact with you. Buyers agent has conversation with LA to go over details and then submits buyers offer. Buyers agent is following buyers request to submit offer without agent seeing property. LA and seller accept offer. No conversation gets brought up regarding procuring cause. 30 days after COE listing broker says there’s an issue with procuring cause and wants 2/3 of buyers agent commission. Listing broker says that since buyers agent didn’t show the property and buyer at time of walkthrough with LA stated he didn’t have a realtor, LA has procuring cause. Buyer in the beginning did not want to be represented, buyer declined services from listing agency, LA accepted offer with buyers agent on the contract along with signed agency disclosure. Buyer found property himself on Redfin and also submitted an offer himself on a previous condo but lost the bid. LA showed condo but buyers agent completed all other tasks. Does LA have procuring cause because she showed the property? Or was there a break in the chain of events leading to procuring cause when they refused to accept buyers offer and then accepted the offer presented by buyers agent with her name on it?
Looking for more opinions please.
