procuring cause

procuring cause

A broker is considered the procuring cause of a sale and is entitled to a commission if the broker's efforts are the foundation on which negotiations resulting in a sale are begun.

References in periodicals archive ?
They have not been successful in agreeing on what constitutes a broker being the procuring cause and the Court of Appeals has not provided any further guidance.
As a trained mediator, Presti has sat on several panels having to make tough decisions on procuring cause and professional ethics.
Owners may list their lease listings if they agree to pay a commission to the procuring cause broker.
These cases can be difficult to prosecute because there is usually no writing to support the broker's claim that they were the procuring cause of the transaction.
Whenever there is a dispute, often times, courts will look to determine the procuring cause of the transaction.
Upon occasion, the scope of his activities exceeds his intense concentration of leasing space, and he has been the procuring cause of different types of transactions, such as the sale of 405 Park Avenue.
Neither the statutes in New York state nor a statute in any other state is there a definition for procuring cause.
Procuring Cause refers to the direct effort that brought about the desired result, or sale.
In a recent case, a broker sued to recover a commission claiming that it was the procuring cause of the sale of certain property.
The answer lies in whether the broker was the procuring cause of the transaction.
The Appellate Division found that the language in the contract of sale constituted an admission by the seller that the broker was the procuring cause of the sale.
Exclusive brokerage agreements "cover" or "protect" the broker's right to a commission whether or not the broker is the procuring cause of the lease or sales transaction.