OHIO ASSOCIATION OF REALTORS
PROCURING CAUSE (ARBITRATION) WHITE PAPER

Published by OAR’s Legal Services Group; November, 1999
Summary: Ohio courts have long favored arbitration as a means of resolving disputes between private citizens. The Ohio Supreme Court, over the course of many years, reflects the dedication of arbitration. Arbitration is favored because it provides the parties with a relatively expeditious and economical means of resolving a dispute.
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Procuring Cause
Published by OAR’s Legal Services Group; November, 1999
Summary: REALTORS are required to arbitrate real estate commission disputes as a condition of membership in the REALTOR Association, rather than pursuing litigation in a court of law. Article 17 of the Code of Ethics describes those kinds of disputes that must be arbitrated.
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The Effect of Buyer Agency and Procuring Cause
Published by OAR’s Legal Services Group; November, 1999
Summary: With the advent of buyer agency, two schools of thought developed. The first advocated a replacement of the concept of procuring cause with buyer agency. In other words, supporters of this theory argued that a cooperating broker who had an agency relationship with the buyer should automatically be entitled to the selling share of the commission whether he was the procuring cause of the sale or not.
The second school of thought argued that buyer agency was irrelevant to a determination of commission rights between a listing broker and a selling broker…NAR came out strongly endorsing, even mandating, the second school of thought.
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Procuring Cause (Conclusion & Endnotes)
Published by OAR’s Legal Services Group; November, 1999
Summary: Endnotes and sources cited in procuring cause white paper.
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