From: "JDavR" 
Newsgroups: misc.invest.real-estate
Subject: Re: FSBO and Buyers Agent
Date: 22 Jul 2004 20:57:14 -0700

In some respects they did represent you and they owed you certian
duties.  The claim, if any, would be procuring cause.  Let's say that
you bought a house that one agent showed you through another agent...
the agent that first showed you the house could claim procuring cause.
Now there are other things that would be looked at, but it would be
enough to get a claim of commission started.  But the claim would be
against the commission of the agent you ended up using would be
receiving.  And unless all of these dozens of listings were their own
they did not represent the owner of the property.  I can dirve you
around and show you 3 doz homes with my MLS key and not one of them be
my listing.  Who am I representing?  I am representing the person that
I am showing the property too.
Now if I am the one that pulled the property, showed them the property,
answered their questions, and I assure you I followed up with them and
they use another agent.... that is fine by me, but I will be there
waving my procuring cause flag.  But once again I digress.

A Buyer Broker/Agent contract can be a very good tool.  I currenlty
have 3 in place with a REIT in Texas, and individuals in CA and NY.
They have engaged - note not employed as no fees have been paid up
front - to search on a daily basis for properties that match what they
are looking for in my markets.  This contract ensures me that if in the
event they purchase, I get paid.  It is provisional that they only have
to pay if the property being offered for sale has no co-op commission
from the listing agent or if the buyer is not paying a commision
period.

Sorry to go on and on, but I wanted to make it clear what the contract
was, why and when it is used.

David