Before Filing for Arbitration

- BEFORE CLOSING -

Know that you are the one who ultimately files for arbitration, NOT your agent.

Sit down with your agent and discuss the issue.

• Here you may tell your agent that you think that you have a case.
• Here you may tell your agent that you do not think you have a case: In this instance, explain to your agent why you feel you are not procuring cause – your case would end here.

With information you receive from agent meeting – call the listing broker and alert them to the procuring cause dispute.
Per the National Association of REALTORS^® Bylaws, they have one of two options – they may hold the commission pending an arbitration award, or pay out to whomever goes to closing.

If listing broker alerts the other broker to the dispute, explain to them the facts you received from your agent meeting.  At your discretion, ask/offer a referral or showing fee.

If the other broker is not receptive to your facts and/or offers of settlement, after the closing, you may file for mediation and arbitration – or – you may wait for the other party to file for arbitration after the closing.

- AFTER CLOSING -

Know that you are the one who ultimately files for arbitration, NOT your agent.

Sit down with your agent and discuss the issue.

• Here you may tell your agent that you think that you have a case.
• Here you may tell your agent that you do not think you have a case: In this instance, explain to your agent why you feel you are not procuring cause – your case would end here.

With information you receive from agent meeting – call the listing broker and ask why you were not paid at the closing – with the information from the listing broker, contact the other broker with your facts, the listing broker’s facts, and try to come to a resolution.  At your discretion, ask/offer a referral or showing fee.

If the other broker is not receptive to your facts and/or offers of settlement, you may file for arbitration – or – you may wait for the other party to file (provided they were not compensated at the closing, if they received commission at closing, you will want to immediately file).

REQUEST MEDIATION AND ARBITRATION PAPERWORK FROM THE ASSOCIATION