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Unethical agents

By
Real Estate Broker/Owner with Abacus Properties Inc.

The market in San Diego has been heating up lately. Some areas are having bidding wars. Our office encountered some cases where, the buyers' agents, in order to get sellers to accept their offers, would say in the contract that their buyers are going conventional financing. After sellers accept their offers, they would then switch to FHA financing without the sellers knowing...until it is too late. Deals end up not closing because property cannot appraise, or deals are delayed for weeks.

Unfortunately for the sellers, the other offers that were on the table were long gone...

I wonder if this is a common problem? Has this happen to you?

Sandra Scott
DPR Realty - Payson, AZ
REALTOR of Choice! Payson, Pine & Strawberry, AZ

Not seen that trick.  But will watch for it.  Thanks.

Jun 21, 2010 04:40 PM
Carol Neu
Evergreen Realty - Big Bear Lake, CA
SFR, RCS-D - Big Bear Foreclosures

Can you get a cross-qualification letter from your own trusted lender prior to accepting the offer?

I've had it happen where someone claimed to be a cash buyer to knock out the financing, then switched to financing after they are the chosen buyer.  Really annoying.

Jun 21, 2010 04:41 PM
Robin Dampier REALTORĀ®
Coldwell Banker King - Hendersonville, NC
Hendersonville & Western NC Real Estate Source

I haven't heard of that happening here.  Our Contracts have a strong loan clause that would be a determent to sellers agents doing such.

Sue of Robin and Sue

Jun 21, 2010 04:42 PM
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

Call the feds and make sure that you get some gang banger to do some sort of drive by.  It's ridiculous that these people are in the business.  They need to be out.

Jun 21, 2010 04:43 PM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi there,

I'm wondering if these buyers actually provided written loan approval on a specific program from a convention lender.

We've had issues with buyers (via their agents) saying they're paying all cash, and actually providing verification of funds to do so. Then try to switch it to a loan, I've had it happen myself. Last time we held their feet to the fire and they did pay cash.

Jun 21, 2010 04:43 PM
Abacus Properties, Inc. DBA Apple Dream Homes
Abacus Properties Inc. - San Diego, CA

yes, there presented their offers with prequal letter for conventional loans.

Jun 21, 2010 04:46 PM
Melanie Hedrick
Elite Texas Properties, the best homes from McKinney to Dallas! - McKinney, TX
972-816-7205

I have not had that problem so far, but I'm glad you brought it to our attention.

Jun 21, 2010 04:47 PM
Laura Gray
RE/MAX Realty Group - Gaithersburg, MD

Kathy

On the front of our Maryland contracts we must define the type of loan that the buyer is using , as well as providing a pre-approval letter that matches the loan in play.

 I can tell you if I played a bait and switch game on the REO listing agents in my area I wouldn't get the next contract thru any of them. My integrity within the Real Estate community is not worth one transaction.

Jun 21, 2010 05:00 PM
Ken's Home Team LLC. | 360.609.0226 | Portland, OR & Vancouver, WA Real Estate Team
Ken's Home Team LLC. - Vancouver, WA
- SOLD IS OUR FAVORITE 4 LETTER WORD -

I have not seen this yet, I hope we do not see this.  this is not professional way to do business, does your contract not have have a financing clause that states that you have to have verification in 10 days?

Jun 21, 2010 05:06 PM
Will Handley
Progressive Inspection Service - San Juan Capistrano, CA
Certified Master Inspection Services

Here in California the REO listing agents are the flakes!  In many cases they rent the properties out to friends or relatives without the lenders knowledge of course.  They also take the lock boxes off the units so no other agents can gain access.  We've had cases where they allow their relatives or friends to switch appliances in some of the vacant properties.  They also try and get the buyers or buyers agent to activate the utilities and pay the outstanding bills for preparation of inspection.  The list goes on and on. 

Jun 21, 2010 05:06 PM
Wade Kawahara
Dominion Real Estate Partners, LLC - Phoenix, AZ

No, that's a rotten trick.  Don't you have LSR's with your contract.  If so, any change in the LSR may give a seller an opening to cancel the contract.

Jun 21, 2010 05:50 PM
Deborah "Dee Dee" Garvin
C2 Financial - San Diego, CA
C2 Financial

Wow, I cannot imagine providing a deceptive pre-approval letter...

Will (above), where on earth (in Cali) do you live.......?  There has got to be a lawsuit looming for any REO agent doing this.  Are they Krazy?

Jun 21, 2010 06:12 PM
Don Spera
CR Property Group, LLC - East York, PA
Serving York and Adams County, PA

Kathy, the only time this has happened to me is when they initially offered cash and went for financing.  I personally don't have a problem with that, as long as it doesn't affect the bottom line to the seller.  If for some reason they can't get financing, they are still obligated to purchase it anyway since the contract wasn't predicated on that.  On this particular scenario, they were able to get the financing and we closed in the time table set forth.

Jun 21, 2010 09:31 PM
Chris Alston
Chris Alston (Keller Williams Realty, Silicon Valley, California) - Campbell, CA
Silicon Valley, California

ohhhh boy, do we see it.  The new CAR contract spells out that the seller is not responsible for the change...  But you are true, when you say the other offers are long gone...

Jun 22, 2010 04:53 AM
Anonymous
Robet Chartier / Broker

In South Bay, Sna Diego California, UNETHICAL listing agents in this community are plentiful and wide spread. I personally caught one BROKER double ending a deal and shelfing my clients offer, which was a very strong offer. The big BRAND name companies always seek to double end their sales INTERNALLY within the company. Over 80% of the Agents in South Bay are operating as though they are ABOVE THE LAW.

Oct 09, 2010 04:46 AM
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