3 Essentials for Preventing Disputes

Amy P. Fennell • May 10, 2019

Information shared from Today’s Buyer’s Rep publication

Procuring cause is defined as “the uninterrupted series of casual events which results in a successful transaction. If a dispute does arise, your claim of entitlement to a commission hinges on several factors and will often times go through an arbitration or mediation process.

Avoiding trouble is quite simple. Just do the very best job possible!

All the vital details are covered in Accredited Buyer’s Representative (ABR) Designation Course but the following contains some good practices to implement in order to prevent disputes.

1) Educate Buyers

Procuring cause disputes often stem from misunderstandings. It’s up to you to instruct buyers about what they can expect from you (clien-level services) and what you expect from them (loyalty) during the course of the relationship. The more a buyer understands your role (and theirs), the less likely they’ll wander into the services of another agent.

The REALTOR Code of Ethics requires you to ask prospective buyers if they are party to an exclusive representation agreement. If yes, send them back to their buyer’s rep. If not, education them on buyer representation.

It’s always a good idea to ensure buyers understand the fiduciary nature of your relationship and their role in the process. Education goes a long way towardpreventing buyers from straying into a situation that could trigger a dispute.

2. Use Signed Agreements

A written and signed buyer representation agreement supports several goals. In particular; it:

  • Sets expectations

  • Demonstrates the value you bring to the transaction

  • Encourages buyer loyalty

Misunderstandings are more likely to occur in the absence of a written agreement. Even though the state doesn’t require one, consider using it anyway. A buyer’s agreement will strengthen your position with a buyer because it spells out the terms of your agency relationship.

Did you know? If a dispute arises between brokers, a buyer representation agreement does not automatically mean the buyer’s agent is the procuring cause.

3. Walk the Talk

Buyers tend to be loyal if they know you’re working hard for them, so make sure you’re delivering against your verbal and written promises.

Document your efforts. If a disput arises, you’re in a much better position if you can demonstrate that you:

  • Stayed in regular contact during the time covered by your agreement

  • Searched for appropriate properties

  • Had conversations about potential properties

  • Kept the buyer informed of your efforts

  • Asked if the buyer became aware of properties of interest

Your buyer should know you are working for them even when there are no properties on the market that fits their needs. Otherwise, it’s easy for buyers to assume your relationship has ended (called “abandonment”.) Communication gaps increase the odds that another agent will fill the void.


This information is provided to ABR designees on a regular basis through the resource magazine. If you are interested in earning the Accredited Buyer Representative designation, Louisiana REALTORS is offering an opportunity to get the education in Shreveport, LA on May 30 - 31, 2019. For more information, click here.

If you have an interest in learning more about mediating disputes or becoming an ombudsman, LR is offering a course, Making Opposites Agree, as part of Career Development Week. For questions about education, please contact us at 1-800-266-8538.


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Week 10 brought meaningful movement on several Louisiana REALTORS® priorities affecting real estate, property rights and insurance. And Week 11 is shaping up to be one of the most important stretches of the session. The biggest developments last week were the final Senate passage of HB 468 by Rep. Troy Hebert with amendments, movement of HB 1027 by Rep. Hebert to the Governor for executive approval, continued Senate progress on HB 1187 and HB 1166 , and final legislative action on SB 180 . REALTOR® Day at the Capitol also came at an important time, giving members the opportunity to reinforce industry priorities with legislators as several key bills neared final passage or awaited committee, concurrence or floor action. Just as importantly, the Louisiana REALTORS® legislative package has now cleared most of its major hurdles, and barring any late-session surprises, the remaining package’s bills should be headed to the Governor’s desk shortly. On the core real estate package, HB 468 , the wholesale regulation bill, remains the most immediate priority. The Senate passed the bill 34-0 on May 12 with amendments, and it now returns to the House for concurrence. That places it in a fast-moving posture, and members should be prepared for quick House action once concurrence is called. HB 1027 , the appraiser liability bill, has now moved into final executive posture after passing the Senate 35-0 without amendments and being sent to the Governor. Together, those two bills represent major wins for consumer protection, market integrity and greater certainty in the real estate transaction process. Insurance remains one of the busiest and most important policy areas as we head into Week 11. HB 1187 , dealing with Louisiana Citizens for emergency assessments, was reported favorably by the Senate Insurance Committee and is now pending Legislative Bureau for review in the Senate. HB 759 , addressing fortified roof endorsement offers, remains one of the more important insurance and mitigation bills still in play and is positioned for Senate floor action. HB 408 , which would prohibit insurers from non-renewing residential policies when homeowners timely mitigate risks, remains pending in House Insurance, as does HB 1210 , which would create a mandatory pre-suit claim review process for residential property insurance. Additional insurance measures, including HB 850 on Standard Fire Policy cancellation notices, HB 1162 on contractor verification in insurance claims, and SB 241 on adjuster and appraiser license-number disclosure, also remain active. These bills continue to matter because insurance affordability, mitigation, claims handling and policy stability remain central to property ownership and transaction viability across Louisiana. On disclosure and regulatory matters, HB 1166 by Rep. Kim Carver , requiring disclosures for vacant residential property and carrying out the adopted LREC reform amendment, was reported favorably by the Senate Commerce Committee and is now pending with the Legislative Bureau for review in the Senate. That keeps the bill in a strong position for Senate floor movement and makes it one of the key bills to watch in Week 11. SB 180 , allowing a surviving spouse of a deceased disabled veteran to transfer an expanded property tax exemption under certain circumstances, has completed legislative action and is now in final processing. Week 10 and the run into Week 11 also reflected an important defensive win for Louisiana REALTORS®. Our team successfully worked to block and tackle HB 617 and HB 750 to ensure real estate and nonprofit activity were not swept into overly broad consumer protection frameworks. On HB 617 , Louisiana REALTORS® opposed the bill as drafted and worked to posture it so that real estate professionals would not be caught up in a fee-disclosure framework that does not fit the realities of real estate transactions. On HB 750 , we worked to ensure the bill would not be interpreted to reach real estate or nonprofit operations in a way that could create unintended compliance burdens for leases, property management arrangements, association activity, or recurring charges authorized under those structures. That effort helped keep broad subscription-style language from bleeding into housing and nonprofit operations where it plainly does not belong. Civil justice and broader property rights measures also remain active entering Week 11. HB 437 , dealing with expert witness fees, and HB 1089 , creating CARE Accounts for certain damages arising from delictual actions, remain pending in Senate Judiciary A and remain high-priority tort reform measures to watch. HB 472, the rent stabilization bill, remains involuntarily deferred and stays on the watch list for any attempted revival through another vehicle or amendment. Additional redevelopment and tax-related measures, such as HB 214 and HB 217, also remain relevant to the broader conversation on blight, reinvestment and neighborhood stabilization. A few additional housing and valuation bills are also worth noting HB 292 on security deposits, HB 297 on early lease termination in stalking and cyberstalking situations, and HB 300 on appraisal thresholds for bank-owned property have all advanced and remain part of the broader housing policy landscape. The practical takeaway is straightforward: Week 11 will likely move fast, and late-session maneuvering can matter as much as headline floor votes. Louisiana REALTORS® should be prepared for House concurrence on HB 468 , further Senate movement on HB 1166 and HB 1187 , continued action on insurance and tort reform, and the possibility of late amendments or procedural pivots on bills affecting real estate transactions, private property rights, housing affordability, nonprofits, property managers and the broader real estate industry. The package is in strong shape, but this is the point in the session when the finish line comes into view and traffic gets thick. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates. 
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