Brokers must keep their fiduciary duty in mind when they have a dispute with another broker over commissions. 把客户的利益置于自己的利益之上. 如果对经纪人补偿有争议, 经纪人应该求同存异，完成交易. To hold up a closing over a commission dispute would potentially violate TREC rules as well as the 道德守则. Some title companies will hold commissions in escrow until the dispute can be mediated, 仲裁, 或者解决.
什么是采购原因?
当属性在MLS中列出时, the listing broker must specify the cooperative compensation being offered to cooperating brokers. (注:按揭贷款管理委员会不得设定赔偿比率.)
Contractual disputes between REALTORS® associated with different firms must be submitted to arbitration rather than pursued through the courts.
Cooperative compensation in an MLS listing is a blanket unilateral offer to compensate the cooperating broker. Acceptance of this unilateral offer occurs when the cooperating broker is the procuring cause of the sale. The cooperating broker will be regarded as the procuring cause of a sale if her efforts are the foundation on which the negotiations resulting in a sale are begun. There must be a successful transaction (closing of a sale or execution of a lease) for the cooperating broker to be the procuring cause.
上市经纪人可以免除支付该费用的义务, through no fault of her own and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible to collect her compensation from the seller.
If a separate written agreement for compensation is executed between the listing and cooperating brokers, the terms of that agreement determine the cooperating broker’s entitlement to compensation.
谁是采购原因?
Disputes over whether a cooperating broker is the procuring cause of a sale in a particular transaction may be resolved through Texas Realtors® arbitration. Article 17 of the 道德守则 provides that contractual disputes between Realtors® associated with different firms must be submitted to arbitration rather than pursued through the courts. 如果是与非会员发生争执, 在同一家公司的2021十大正规彩票app经纪人之间, 或者在经纪人和担保代理之间, 仲裁是自愿的.
Disputes over commissions often revolve around the meaning of procuring cause. Procuring cause is defined as “the uninterrupted series of causal events which results in the successful transaction.”
Whether a broker is the procuring cause in any given transaction must be determined by looking at all the facts on a case-by-case basis. There is no rule of thumb or singular factor that determines procuring cause. 应考虑许多因素，包括:
- Who first introduced the buyer to the property, and how was the introduction made?
- Was the series of events starting with the original introduction of the buyer to the property and ending with the sale hindered or interrupted in any way?
- 如果在最初的一系列事件中有中断或中断, 它是如何引起的，由谁引起的?
- Did the action or inaction of the original broker cause the buyer or tenant to seek the services of a second broker?
- Did the second broker unnecessarily intervene or int粗鲁的 into an existing relationship between the buyer or tenant and the original broker?
采购原因vs. 机构
根据MLS规则, the listing broker is only obligated to pay the offered compensation to the procuring cause broker, 不一定要给有买方代表协议的经纪人.
代理关系不能自动决定采购原因. In a case where a broker has a buyer’s representation agreement but the buyer uses a second broker to submit an offer, the listing broker still pays whichever broker is the procuring cause of the sale. If the second broker interfered with the exclusive representation of the first broker, 有可能违反了《职业道德守则》第16条, 干扰是确定采购原因的一个因素. 另外, the buyer’s broker may have a cause of action against the buyer for breach of their representation agreement.