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Can You Really Claim to Be a Short Sale Agent if You've Got Someone Else Handling the Short Sale Negotiations?

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Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

Can You Really Claim to Be a Short Sale Agent if You've Got Someone Else Handling the Short Sale Negotiations?

I received a call last week on a Short Sale listing that had been withdrawn from the MLS.  It was an ambulance chasing Short Sale Agent that was ready to pick up the deal and resuscitate it.  You see, he had made the assumption that the sale was somehow rejected by the banks.  It wasn't.  It was accepted, but the Sellers had decided to ditch the Short Sale and go for loan modification. 

He went on to extoll his glories to me and was begging for a shot to sell the home that the Sellers didn't want to sell.  He knows Short Sales inside and out.  And he has an attorney negotiate them for him. 

Excuse me?  How can someone know something inside and out if they aren't even working on them?  Never mind the fact that he is missing the obvious.  The Sellers have decided NOT to sell.

Well, I can assure you that he doesn't know Northern Virginia Short Sales very well.  That came through loud and clear.  We had a spirited back and forth on the fact that the bank wanted more now that the market value in the neighborhood had increased.  And since this was a rare Short Sale that actually took five months to get approved, the values had changed.

This guy told me how all Short Sales take at least six months to get approved.  And banks are letting them go for 80% of market value.  Really?  Try it and see what happens.  Oh wait.  I forgot.  You don't do the heavy lifting.  Have your attorney try.  That's probably why his Short Sales are taking a minimum of six months.

True Short Sale Agents know two things.  1)  Short Sales don't take as long these days.  Mine average 60 days for approval, 90 days to get to closing.  2)  Banks want every penny of market value.  Why should they settle for less than a regular seller?  That's the purpose of a BPO after all is to make sure the banks know they are getting fair market value for the property securing the loan.

I'm still shaking my head over the fact that this agent had the nerve to label himself a Short Sale Agent.  Passing the paperwork to an attorney does not make you a Short Sale Agent.  It makes you an agent who is unable to do the heavy lifting.

Comments(19)

Elite Home Sales Team
Elite Home Sales Team OC - Corona del Mar, CA
A Tenacious and Skilled Real Estate Team

You know the need for the client is to get the short sale successfully completed.  I am glad you can do that.

Mar 24, 2012 03:05 PM
Winston Heverly
Coldwell Banker Access Realty - South Macon, GA
GRI, ABR, SFR, CDPE, CIAS, PA

It's the team effect, personally I think attorney's muddy up the water and delay the whole process. When you have one tack on an extra 30-60 days is my opinion.

Mar 24, 2012 03:15 PM
Bernadette Arzu
Serving Sugar Land, Missouri City, Richmond and Pearland - Sugar Land, TX
Broker-Associate, Keller Williams Realty SW

Chris,

I respectfully disagree with you that because an agent does not negotiate his/her own short sales does not make him a short sale agent. 

It appears that this agent, to whom you refer, may have been one who is a late comer to the short sale arena and may be trying to play catch up by using a negotiator. Either that, or he may one of those who figured out that he would not afford to devote additional time to negotiating short sales for which he will not be paid one dime. He would even run the risk of doing the work and the bank would reduce his commissions.  

 I agree that he conveniently overlooked the fact that the seller had decided NOT to sell.

I have met other agents who did their own short sales for years but became frustrated by the long drawn out process. Instead of passing up these deals they now farm out their short sales to a competent negotiator who gets the job done. The unpaid time they spent negotiating short sales is now devoted to acquiring new clients, education or their families. The stress in their lives is now greatly reduced. 

Short seller beware. Do your homework. Not all short sale agents are created equal. Some negotiate with the banks all day, everyday and have developed the expertise to be successful most of the time. Others are new to the process will use your property to put into practice the information they learned at a seminar or read on the internet. There is yet another breed-those who used to do their own negotiating but now farm it out to competent third parties. 

Ask lots of questions. You deserve to make an informed decision. 

Mar 24, 2012 03:32 PM
Erv Fleishman
Realty Associates - Boca Raton, FL
Luxury Prop Specialist Realty Associates

Some people are just short sighted.

 

Mar 24, 2012 09:07 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Good morning, Chris Ann..... we are NOT short sale agents but we have had a couple of short sales within that past year or two..... we DO use a short sale attorney to negotiate with the bank....we closed on them and she negotiated an extra percent for us!!  we'll stick to new construction....

Mar 24, 2012 10:25 PM
David Grbich
Realty One Group - www.FindCARealEstate.com - San Juan Capistrano, CA
Orange County Real Estate - 949-500-0484

Hi Chris, I think you are right. Short sale agents should have some experience in actually completing short sales. Once some real experience is gained, I think it is fine to hire a negotiator if desired. Many short sale agents have so many deals that a negotiator is required and an asset.

Mar 25, 2012 12:36 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Chris Ann - I get angry everytime I run into these agents, and up against the fact that their client's financial well-being is the last thing on their mind. We have to find a way to restrict access to these situations to agents that are truly qualified to help. Frankly, I'm surprised that we haven't seen a lot more litigation resulting from this kind of thing - and at this point, I'm guessing that's what it's going to take to get our act cleaned up.

Mar 25, 2012 12:41 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Mark:  The reason I get so many Short Sale listings is how detailed I can speak about them.  The things agents like this don't know they don't know is alarming.

Winston:  Any Short Sale where an attorney is involved does tend to drag on.  They make it more complicated than it needs to be.

Bernadette:  I had this same conversation with my Managing Broker the other day.  I think the misconception is that we spend all day on the phones with the bank.  Not if we are doing it right.  I feel I best serve my clients by being involved in the negotiations, not passing them to someone else.  Then again, my Short Sales don't drag on for months. I will one that lingers ocassionally, but it's rare.

Mar 25, 2012 01:57 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Erv:  I think they don't realize the consequences that can land on their doorstep if they refer to a goofball negotiator who has no license or attorney status.  If they screw up the deal, you're gonig down with them.  After all, you're the one licensed to do real estate.  In this case, the agent had an attorney, but to me, that means nothing.  Attorneys are a dime a dozen.

Barbara:  Sticking to what you know is a good practice.

David:  I think that's valid.  Someone needs to know if the negotiator or attorney is actually doing what they are supposed to.

Dick:  Just wait.  The litigation will be coming.  There will be an ambulance chasing attorney looking for folks who were wronged in a Short Sale.

Mar 25, 2012 02:03 AM
Belinda Spillman
Aspen Lane Real Estate Colorful Colorado - Aurora, CO
Colorado Living!

Chris Ann,  Got to love those Experts in The Field!  Some agents will use any line to get business and sadly its the client that suffers in the end.

Mar 25, 2012 02:16 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Chris Ann -- I imagine this might be one phone call he regrets making --- sounds as if you gave him an earful -- hopefully he learned something valuable from someone who is actually successfully and consistently closing short sales.

Mar 25, 2012 02:39 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

You can delegate but still negotiate your own short sales, which is how I do it. I personally negotitate because I believe that I owe above and beyond service to my sellers. It doesn't mean I don't use an assistant, though, because I do. I think it's smarter to spend my money on an assistant to help ME to negotiate more effectively than it is to do it the down-and-dirty and cheap way -- outsourcing.

Agents who outsource short sale negotiations to third-party vendors aren't really short sale agents; I agree with you. They are agents who happen to do short sales. There is a big difference between the two.

Mar 25, 2012 02:39 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Belinda:  It's digusting that they put their own interests ahead of the client.

Michael:  I think his mind was zipped up tight to incoming ideas, so my lecture probably had little effect.

Elizabeth:  A night and day difference between the two.  Having an assistant to help you is really just an extension of yourself.

Mar 25, 2012 02:43 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

I would think it would depend on the relationship between the 3rd party negotiator and the agent. For instance, the agents that use me to negotiate their short sales have total control over the process. I give them my advice and the logic behind it and they will either go along with it or have me continue the negotiations their way. I guess the bottom line is the extent of control and communication between the two.

 

Mar 25, 2012 10:14 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Satar:  I guess the point to me is that if an agent is trolling for Short Sale business, they should actually have some real world experience.  This guy claimed to be a Short Sale Agent, knew nothing and tunred out to be farming the hard work to an attorney.  I don't think there was much beyond a, "Here you go," from the sounds of what this agent was describing as he handed things off.

Mar 26, 2012 02:31 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Agreed. You need to know your product before selling the idea to someone else. How can I trust that your attorney is any good when you don't understand the process yourself.

Mar 26, 2012 06:26 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Satar:  Exactly.

Mar 26, 2012 07:04 AM
Keji Ogunleye
Fairfax Realty, Inc - Greenbelt, MD
GRI, SFR, KejiYour Realtor

 

  

 I was called in for a short sale that another agent was handling but not getting any where, the sellers cancelled the listing and I stepped in.. first the agent was using an attorney for negotiation,  the attorney advised the sellers to file bankruptcy instead of short sale thankfully they did not. Their lender complained that they cannot get anyone at the attorney's office to return calls.. I guess you are short sale agent because that is the buzz word now.

 

Mar 26, 2012 10:30 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Keji:  I think you hit the nail on the head about agents calling themselves Short Sale Agents as a ploy to get more listings, not because they actually know what they are doing.  That is an entirely different story.

Mar 27, 2012 03:39 AM