Thank you. The key is whether this agent is deemed to be the "procuring cause." Procuring cause means the uninterrupted series of
events that led a buyer to make an affirmative decision to purchase the property. There are many factors that the National Board of Realtors considers in making such a determination. When the issue involves an interruption or break in the original series of events, the key factors involve how was it caused, and by whom? In making this determination, the 3 key factors are: 1) Did the seller change the listing agreement
from an open listing to an exclusive listing agreement with another broker? 2) Was there the development of a new, different or independent motive behind the purchase? and 3) Was there interference in the series of events from any outside or intervening cause or party? Typically a period of 90 - 180 days from the termination of the proposed purchase is deemed to be satisfactory, especially in your case where factors 2 and 3 can be addressed by the fact that the original transaction contemplated terminated due not to the two of you but because the third party appraiser did not produce a satisfactory appraisal. One thing, however, that you want to be make sure of though is that you have no evidence of a pre-determined agreement to occur after 90 to 180 days. The transaction between you and the buyer has to come to an end and then get resurrected. You can find a lengthy discussion of "procuring cause" at www.realtor.org/LetterLw.nsf/.../$FILE/Procause.doc
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