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Short Sale Agents- What If Your Seller Does NOT Make A Move To Close?

By
Real Estate Agent with The Gasset Group & Get It Done For Me Virtual Services 13253167-SA00

What would you do if you had a short sale listing and the seller fought you every step of the way and then at the end of the day, after the acceptance letter is in his/her hand and their lender is NOT going to seek a deficiency, the buyer is ready to move in and the seller then wants an extension? 


Are you as the listing agent owed your commission? 

Well, it depends on what your listing agreement states. You would need to speak to your attorney about this. 

And how do you avoid these types of situations? 

There are homeowners who are told by their attorneys to list their home for sale as a short sale in order 'to buy' more time in their homes. While this may benefit a homeowner it is not benefiting the listing agent and prospective buyers. It may also violate MLS rules in the particular market the listing is in. You can not offer a house for sale that is NOT for sale. Attorneys can postpone foreclosures in many other ways other than using agents like this and being untruthful to the market. 

While most agents do care about homeowners who want to remain in their homes they should not be used as pawns in this game of stalling foreclosures. What is worse is putting a buyer in the middle of this stalling. Even if you are a sellers' agent- you still owe any buyer common courtesy and decency. Having a buyer with a moving van all ready for closing with a seller who has not packed a thing is not at all what agents are about. 

How do you as a short sale agents minimize these situations?
  •  By doing short sale intake evaluations with every seller.
  •  Make sure you are on the same page- explain what is expected from them. 
  • Have disclosures and disclaimers drawn up allowing you to cancel a listing if the seller does not do their part in cooperating with their lender. 
Agents need to make it clear to the sellers that they will eventually close on their short sale listing if they can an offer and if their lender accepts the terms of the short sale and if the seller accepts the terms their lender gives them. 




Stop Foreclosure- Learn Your Options. Maybe a short sale is your best option. Florida short sales may be able to help you.



If you are considering the option of short selling your Wellington Fl home in Palm Beach County, Broward County, St Lucie County, Martin County or Miami/Dade County- call us today at 561-753-0135 for a confidential intake evaluation in order to estimate the possible outcomes of your short sale.





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Copyright © By Katerina Gasset 2010*Short Sale Agents- What If Your Seller Does NOT Make A Move To Close?*





 

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In real estate we service Utah County, Salt Lake County, Wasatch County, Tooele County. This includes many towns and cities. Some of which are: Provo, Orem, Salt Lake City, Draper, Springville, Spanish Fork, Payson, Lehi, American Fork, Vineyard, Saratoga Springs, Eagle Mountain, Pleasant Grove, and more. 

Katerina Gasset is a real estate agent who is also a digital marketing strategist, website designer and consultant for real estate brokerages, agents, entrepreneurs and small business owners. She is also the owner of Get It Done For Me Virtual Services. 

Katerina is a Certified AI Marketing Specialist. She can help you with ChatGPT, Content at Scale, Neuronwriter, prompting, and many other AI tools. 

She develops products and online courses to empower real estate agents to reach their marketing, SEO, social media and branding goals. Katerina Gasset is a blogger, author, podcaster, and keynote speaker.  

Text Katerina with your name + number to work with her:

 561-502-1577 

 

 

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Comments(13)

Loreena and Michael Yeo
3:16 team REALTY ~ Locally-owned Prosper TX Real Estate Co. - Prosper, TX
Real Estate Agents

I learnt everytime I do a short sale...... I feel I grow up every single time!

Dec 26, 2010 02:55 PM
Joan Valverde
HomeSmart - Colorado Springs, CO
GRI,CDPE,CNE,MRP,SRES Colo Sprgs, Blk Forest, Monu

Nestor and Katerina,  You bring up very good points.  I have not experienced this yet.  It is so important to really KNOW the sellers motives when listing a short sale. 

Dec 26, 2010 02:58 PM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

And some sellers just cannot face reality and ask for extensions, too. Just had it happen to me.

Dec 26, 2010 03:08 PM
Stanley Stepak
Howard Hanna - Avon Lake, OH - Avon Lake, OH
Realtor - Avon Lake, Avon, Bay Village, Westlake,

Short sales are a difficult decision for many people but it may turn out to be the most beneficial choice when your loan situation leaves you upside down.  If you are a seller in such a situation you should  contact a local agent for more information

Dec 26, 2010 03:15 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Katerina, each one is different and as of yet have not been asked for an extension but I stay 'close to the vest' on all my short sales & the sellers know from day 1 what is expected of them at the end of the transaction if successful...great points..

Dec 26, 2010 11:01 PM
Kim Boekholder Utah Real Estate/ PECO
Results Real Estate 801.580.5624 - Draper, UT
Broker Results Real Estate/Leasing Specialist PECO

So far the sellers haven't been my challenge, its been the banks demanding "sellers sign unsecured loans/ promissory notes" and the sellers of course not wanting to sign so it salemates and we end up back at the drawing board.  I think the seller not cooperating at the end would be even more frustrating, at least I expect the bank to be stubborn.

Dec 27, 2010 12:34 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Hi Katerina

Great topic-so lad you wrote about this!  I think we as professionals have to have a clear understanding f what exactly wre have been hired to do. Getting paid to secure a ready willing and able buyer is part of the contract. Not getting paid until closing is a seller convenience. Seller's not willing to cooperate need to have a clear understanding of the BUSINESS relationship they are entering into, the expense associated to the listing agent as part of that agreement and how compensation will be paid.

A check list is mandatory-and if you seller is unwilling to cooperate, you need to terminate that relationship from the onset. That is also A BUSINESS decision.

Dec 27, 2010 12:38 AM
Michael J. Gallo
Florida Luxury Realty - New Port Richey, FL
Florida Luxury Realty - Gulf Home Sales Team

2 Weeks ago I closed a fiasco of a short sale.  Not because of the Sellers Lender but the Seller Himself.  He put up more hurdles for me to jump than I care to list right now.  When push came to shove it was the buyers lender needing an extension....short sale lender was on board with it and we closed but even that had to be made difficult by the seller with a seperate closing and "can you ask the buyers if I can keep some stuff on the property for three days after closing?"  I KID YOU NOT!!  I actually had to go to the house and clean out the fridge for the buyer.  "As/Is" does not include rotten food and a stinky fridge in my book.

It did close and everyone is happy (especially me) and we are moving on the sell the buyers home and get the short sale seller into another home.  I guess the world keeps turning and we just have to roll with it. 

 

Dec 27, 2010 02:31 AM
Mike Frazier
Carousel Realty of Dyer County - Dyersburg, TN
Northwest Tennessee Realtor

Katerina, if my seller is not super motivated then I don't want to deal with them.

Dec 27, 2010 03:20 AM
Keji Ogunleye
Fairfax Realty, Inc - Greenbelt, MD
GRI, SFR, KejiYour Realtor

I was in the extact situation this past summer.. Buyer loan approved, ready to close, then sellers decide they will not move forward because their attorney informed them that bankrutpcy will stop foreclosure and buy them time.

Dec 27, 2010 04:19 AM
Minna Reid
Reid Real Estate Group LLC - Jacksonville, FL
Associate Broker

I made it a point to cut off loose cannon clients quickly in 2010. I have had a few clients headed this way and as soon as I see it happening, they get one chance to correct their behavior. If that doesnt happen, they get fired. I think I have fired maybe 4-5 clients this year. I just dont have time for rogue clients. There are too many motivated clients out there that will appreciate your efforts and genuinely want to help themselves, to waste time with the bad ones. You can usually spot these types upfront and not even take the listing, but sometimes it takes a little while for their true colors to come out. When it does - sayonara!

That may sound a little harsh, but you know what - I have not had it get to the point youve described. I'd really rather end it far before it gets to the point that I have to ponder sueing my clients.

Dec 27, 2010 06:10 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Minna- You and Nestor would get along just great! Life is too short too! 

Dec 27, 2010 09:26 AM
Tni LeBlanc, Realtor®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879

It's amazing I never really had problems getting sellers out until short sales came (back) to our market.  I had at least two where I represented the buyer and had to threaten both legal action and refusal to close to get the seller out.  Now I do prefer to have short sale sellers out 5 days before close if possible.  I guess when you think you have nothing to lose and if you are not making a payment, it is tempting to try to draw it out even longer. 

Dec 27, 2010 07:47 PM