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.


2026 Legislative Session Scoop - Week 4 Recap

By Louisiana REALTORS® • April 3, 2026
This week, the Legislature remained in high gear, and several items relevant to Louisiana’s real estate market moved into focus. The biggest headline for our industry this week was HB 468 by Rep. Troy Hebert , our wholesaling/consumer-protection bill, was slated to be heard on the House floor, however was bumped due to floor congestion and out-of-order bills. It is now expected to be reset for next Tuesday. This bill remains one of the clearest “market integrity” efforts on the board with clearer rules for non-traditional transactions, stronger transparency and better consumer protections. We also continued substantive policy work behind the scenes. We are actively engaging with Rep. Carver on a vacant land disclosure bill he has authored, and we appreciate that he is welcoming our input and guidance as the language is refined. Our goal is straightforward: ensure any vacant land disclosure framework is practical, reduces confusion and avoids unintentionally shifting liability or enforcement burdens onto real estate professionals. In addition, we were pleased to deepen our relationships at the Capitol this week. We had the privilege of hosting a lunch for the Governor’s Office, enjoyed meeting Governor Landry’s team, and look forward to working with them in a constructive, solutions-oriented manner as the session continues. Finally, Rep. Hebert also filed an additional measure that aligns with our legislative agenda and speaks directly to transaction risk management: HB 1027 , which would limit liability for licensed real estate appraisers in situations involving smoke and carbon monoxide detector compliance. The current law already provides that real estate agents are not liable for a seller’s failure to comply with Louisiana’s detector requirements in one- or two-family dwellings. HB 1027 would extend that same liability protection to licensed appraisers by amending R.S. 40:1581(F). This is a clean, common-sense clarification that helps prevent appraisers from being pulled into compliance disputes that properly belong with the seller’s statutory obligations. Next week, committees are scheduled to hear multiple bills relevant to real estate, including measures involving construction and roofing standards (often tied to insurance and mitigation), property rights/expropriation, and property tax and adjudicated property issues that can influence housing supply and neighborhood reinvestment. We will stay closely engaged and will flag any bills or amendments that materially affect transactions, homeownership costs or private property rights. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.

Cookbook for the REALTORS® Relief Foundation!

By Louisiana REALTORS® • April 2, 2026
Louisiana REALTORS® is compiling a cookbook of Louisiana flavor with a REALTOR® heart in support of the REALTORS® Relief Foundation . And we have two ways for you to get involved:  Join us in contributing your favorite recipe using this online form. If you want to include a picture with your recipe, send to info@larealtors.org and reference recipe title in email subject. Or share your creativity by designing the cover artwork for the cookbook. A small committee will review all entries and choose one to print on the cover. Stay tuned for more details on when you can grab your own copy of the cookbook! Cover artwork and recipes are due by April 17th.

2026 Legislative Session Scoop - Week 3 Recap

By Louisiana REALTORS® • March 27, 2026
Week three of the Regular Session kept real estate issues in the conversation, even as lawmakers continued to focus heavily on workforce, tax and insurance policy. On the property tax front, measures to reshape assessments and exemptions, including proposals for a new blight rehabilitation exemption and additional relief for seniors, remain parked in the House Ways and Means Committee as stakeholders work through fiscal and local government concerns. These bills matter because they will influence long-term carrying costs, redevelopment incentives and how tax burdens are shared across residential and commercial property. Homestead related legislation, including parish level authority to increase the exemption amount, is also in the queue, signaling that the broader structure of Louisiana’s homestead system is officially on the table, not just the dollar figure. For homeowners and buyers, this debate goes directly to affordability. For local governments, it raises revenue stability and service delivery questions. There also has been movement on several identical pieces of legislation that would instruct parish assessors to develop a process for homeowners to permanently register for the homestead exemption for the duration that they own and live on the property. We are actively tracking legislation that will directly shape how investor activity and non-traditional transactions are recognized and regulated in Louisiana’s real estate market. This includes HB 468 by Troy Hebert , a key component of the Louisiana REALTORS® legislative package that targets the wholesale of residential real estate, which was heard in the House Commerce Committee on Monday. The bill is currently positioned for a floor vote early next week. As drafted, HB 468 represents a major step in the right direction for consumer protection in Louisiana, advancing needed guardrails through potential disclosure, registration, and practice standards that could redefine how assignment contracts and “off-market” transactions intersect with licensed brokerage activity. In parallel, HB 292 by Delisha Boyd passed the House on final reading, 86-3, and is on its way to the Senate. Together, these measures represent a coordinated policy effort to bring greater structure and transparency to emerging transaction models, while preserving the integrity of the traditional brokerage framework. Finally, the broader policy backdrop remains important: the Governor continues to push income tax changes and cost of living relief, while business and industry groups are prioritizing insurance, workforce and energy — each a key driver of long run housing demand and investment. As these debates evolve, we’ll keep you updated on what moves, what stalls and what it all means for your clients, your pipeline and private property rights across Louisiana. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
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