|
|
   |
Tools of Engagement
>>Before You File and Ethics Complaint
>>Presenting and Negotiating Multiple Offers
Arbitration Guidelines
>>Procuring Cause
>>Factors for Consideration by Arbitration Hearing Panels
>>The nature and status of the transaction
>>The nature, status, and terms of the listing agreement
>>The nature, status, and terms of the offer to compensate
>>Roles and relationships of the parties
>>Initial contact with the purchaser
>>Conduct of the brokers
>>Continuity and breaks in continuity
>>Conduct of the buyer
>>Conduct of the seller
>>Leasing transactions
>>Other information
>>Sample Fact Situation Analysis
>>Procuring Cause Arbitration Worksheet
>>How to Prepare for a Professional Standards Hearing
>>How to Conduct Cross Examination
>>How to Present Your Case
>>Understanding the Hearing Process
>>Back
|
 |
Continuity and breaks in continuity (abandonment and estrangement)
(1) What was the length of time between the broker's efforts and the final sales
agreement?
(2) Did the original introduction of the purchaser or tenant to the property
start an uninterrupted series of events leading to the sale or lease, or was
the series of events hindered or interrupted in any way?
(a) Did the buyer terminate the relationship with the broker? Why? (Refer to
Factor #4)
(b) Did negotiations break down?
(3) If there was an interruption or break in the original series of events,
how was it caused, and by whom?
(a) Did the seller change the listing agreement from an open listing to an exclusive
listing agreement with another broker?
(b) Did the purchaser's motive for purchasing change?
(c) Was there interference in the series of events from any outside or intervening
cause or party?
(4) Did the broker who made the initial introduction to the property maintain
contact with the purchaser or tenant, or could the broker's inaction have reasonably
been viewed by the buyer or tenant as a withdrawal from the transaction?
(5) Was the entry of any cooperating broker into the transaction an intrusion
into an existing relationship between the purchaser and another broker, or was
it the result of abandonment or estrangement of the purchaser, or at the request
of the purchaser?
[back to the top] |
|
