The contract is formed only when accepted by the cooperating broker, and acceptance occurs only through performance as the procuring
cause of the successful transaction.
Not exact matches
Procuring
cause is defined as the «uninterrupted series
of causal events which results in a
successful transaction.»
Abrams Realty Corp. v. Elo (279 A.D. 2d 261)- trial evidence establishes that broker was the procuring
cause of sale
of property; brokerage agreement was not unenforceable for its failure to specify rate at which broker's commission would be computed since it was clear that broker did not agree to work without compensation and that the parties understood that the broker would be compensated at the prevailing, normal and accepted rates; trial court properly rejected attempt to evade obligation to pay broker's commission by endeavoring to characterize the
transaction as merely the assignment
of a
successful bid
Procuring
Cause is defined as the uninterrupted series
of events that leads to a
successful transaction.
While a number
of definitions
of procuring
cause exist, and a myriad
of factors may ultimately enter into any determination
of procuring
cause, for purposes
of arbitration conducted by Boards and Associations
of REALTORS ®, procuring
cause in broker to broker disputes can be readily understood as the uninterrupted series
of causal events which results in the
successful transaction.