Ken Russell, LCDR, US Navy, (Ret.)

You don't have to hop from agent to agent to end up causing commission disputes among real estate agents. In case you're thinking, "What difference does it make since the seller pays the commission," be aware that today's buyers typically sign buyer's broker agreements, making the buyer responsible for payment of the commission, even though that fee is paid from the seller's proceeds.

Commission disputes boil down to what is referred to in the industry as "procuring cause." The agent who ultimately caused the buyer to purchase the home and earned the commission is the procuring cause agent. That procuring cause agent might not be the agent who obtained the offer from the buyer, presented the offer and successfully negotiated the seller's acceptance of that offer.

Every state Realtor association has its own guidelines that establish procuring cause, none of which are fast and hard rules. Some facts carry more weight than other facts. A buyer could sign an exclusive buyer's broker agreement with one agent but the second agent who closes the transaction, depending on circumstances, could end up earning the commission. Procuring cause is complicated and the outcome is not always predictable.

Realize that when you speak to an agent at an open house, call an agent for information from a newspaper ad or ask an agent to show you a home, you might be opening a can of worms for yourself if you don't intend to buy a home through any of these agents. Your best bet to avoid procuring cause disputes is to be upfront with each real estate agent you interview and hire the best qualified to help you find a home. But the road that takes you there can be long and dusty. Along the way, you are likely to encounter other agents. But once you find an agent, use these tips to help your agent establish procuring cause:

Say you are working with another agent.

If agents don't ask you if you're working with another agent, then promptly volunteer that information. Agents are supposed to ask you this question but sometimes they don't: they forget, are afraid to hear the answer, become distracted. Set them straight immediately.

Sign a buyer's broker agreement with your agent.

Buyer's broker agreements will clearly describe the relationships, compensation and duties.

Sign an agency disclosure with your agent.

Agency disclosures describe the various capacities under which an agent can operate. Since the agent doesn't know the specific capacity until a property is located, all capacities are described to you.

Do not ask another agent to show you property.

Your agent is eager to help you. Part of your agent's duties is to show you homes for sale, even if those are homes that you have located yourself. Let your agent earn his/her commission.

Do not directly call listing agents for information.

Your agent will probably get more detailed information from the listing agent than you will get, anyway. There will be no confusion if your agent calls the listing agent.

Follow Open House protocol if you go unescorted.

If you attend Open Houses without your agent, hand your agent's business card to the agent hosting the Open. Sign guest books with your agent's name next to your own. Not only will this help protect you, the open house agent won't try to corral you or request personal information.

Only if the home you are purchasing has one. Chances are if you are buying a home in a modern subdivision or within city borders you are on community sewer system and will have nothing to worry about. However, if you are looking in the county or rural areas you need to ask if the home has a septic system.

A properly operating septic system is a vital part of many homes located in rural areas. However, the septic system is often the last thing on the mind of a homeowner until there is a problem with the system. When a home is purchased, the big question is, Will I have trouble with the system after I move into the home?

Unfortunately, there is no absolute way to predict how long a septic system will last or if it will be able to handle an increased load. A septic inspection, which is required by Virginia law within 30 days of settlement, can yield useful information on the condition of the system as it exists when the system is inspected. While predicting the future with regard to the septic system is not part of any septic inspection, the inspection often uncovers defects in the system which can save the purchaser unexpected expense. There are many different types of septic systems ranging from what are called conventional in-ground systems to sand mounds and from spray irrigation systems to stream discharge systems. There are also seepage pits, cesspools, and homemade systems.

How often should a septic tank be cleaned or pumped? The frequency for pumping a septic system depends on a number of factors; the average frequency is between two and four years. You can, in some cases, abuse a septic system and neglect to pump it for 10 or 20 years without any apparent problem. This would be like driving your automobile for 50,000 miles without changing the oil. You might get away with it, but you would certainly cause undue wear and tear on the engine. The same is true with a septic system. You may get away with not pumping the system for many years, but you will pay for it in the end by having to replace the absorption area.

The Buyer's Point of View

Questions you might consider: Is public sewer available if I need to connect to it? Do I have sufficient, suitable land to put a replacement system if it is needed?

What if the property is vacant when it is inspected? Vacant properties further limit the inspection of the system since the water usage is nil.

Owning your own septic system has advantages and disadvantages. Public systems, of course, have fees associated with their use; private systems avoid these fees but are not without operating cost. When a public system needs renovation, the cost often is divided among a large number of people. When a private system fails, it's usually the owner's problem alone.