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Help me. Is this a scam or not?

By
Managing Real Estate Broker with Full Circle Property Management

There is a real estate company in my area that is helping sellers sell their home as a short sale home by become a "partner" with the Seller. Now tell me, does that smell fishy or not?

I came across a home in our MLS that said "short sale possible" so I showed it. My client liked it and we made an offer. I did all the due diligence stuff, like looking it up in the public records, reviewing the comps, and reviewing the previous sale. When we got the counteroffer back, we got a disclosure type document that said the real estate agent is a partner with the Seller and is going to share in any proceeds. We also had a to sign a bunch of disclosures, along with an agent disclosure that we understood the real estate agent was going to profit from the short sale.

So here is what I don't get. I think this company finds a down on his luck seller, and instead of just being their agent and guiding them through the sale, they get the seller to put the property in either a partnership or a trust, sharing ownership with the agent. Then when the short sale is done, somehow they make a portion of the proceeds and also collect a commission as the agent. Has anyone run across this? Are they then making commission plus extra money?

This isn't a small company doing this with one house, but they are a national franchise and they have many listings like this. When did having the seller hire you as an agent to sell their property and get them out of a jam become no longer enough? Am I old fashioned or does this appear to be some kind of a scam or just profiting immensely from someones bad luck? What do you guys think?

Rayne FitzMaurice - DHI Mortgage of Fort Worth, TX
DHI Mortgage of Fort Worth, TX - Fort Worth, TX

It sounds to me like all of that should have been mentioned in the body of the listing as it showed up on the MLS sheet.  I don't like surprises.  If I were you, I'd talk with my Broker about it.

Jan 20, 2008 11:39 AM
Stacy Magid
Century 21 New Millennium - Woodbridge, VA

Sounds fishy to me.  You are absolutely not allowed to make money on a short sale. 

Jan 20, 2008 11:41 AM
Kurt Vierheller
Flagstar Bank - Wilmington, NC
I see this alot in NC. I beleive it is legal. There are many investors doing this because then they do not have to spend money to buy the home, only time to sell it.
Jan 20, 2008 11:41 AM
Endea Thibodeaux
Tarver Realty Group - Washington, DC
CLHMS, RECS

The scoundrels always come out in these kinds of markets.  It doesn't sound ethical to me and if I were a Seller I would be very skeptical.

Jan 20, 2008 11:43 AM
Sonja Babic
Sonja Babic/PRIME Realty NC, LLC - New Bern, NC
New Bern NC, PRIME Realty NC, LLC
I would need to know little bit more about situation, it might not be ethical but if seller is in agreement and everything is disclosed properly it might be legal.  Dennis keep us posted how will this end. Thanks
Jan 20, 2008 11:44 AM
Brian Corwell
RE/MAX Sauk Valley - Sterling, IL
Sterling, Illinois Real Estate

Dennis

It just goes to show you that real estate in local... not sure on what is going on, but if the agents are making disclosure to the fact so that all parties are made aware as to what is going on, not sure if there is anything wrong. It is a question best left for an attorney or someone with the state.

Jan 20, 2008 11:45 AM
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!
Yea, but even if it is technically legal, what about ethical? When did we start to profit from someone's misfortune?
Jan 20, 2008 11:49 AM
Michael La Fay
Meadow Lakes Supply Co. - Wasilla, AK

What I have learned the last couple month at a $5,000 loss to my friend! IF IT DOESN'T FEEL RIGHT RUN AWAY!!!!!!

I had a bad vibe, gave her guidance and told her I didn't recommend using this person but that if she did she needed to dig deep and research their company. She couldn't find anything negative about them... they seemed legit.

They took her money and ran!!! and they did it to several other people as well...

GO WITH YOUR GUT!

Jan 20, 2008 11:49 AM
Jon Miller
United Country-Marshland Realty - Beaufort, SC
Is it one person doing it or the whole company?  If it's one person, then he's probably figured out a system that works for him.  However, we don't know the circumstances or how ethical or legal it is.  I've found in my research a former mortgage guys who is now a real estate agent buy homes at rediculously over priced amounts and then seemingly walk away from paying the mortgage.  My wife and I have done BPOs on his properties and this one particular name kept coming up over and over again.  I've often wondered how he did it and not screw up his credit.  I went to the county website to look up his name as owner of the properties and can count the transactions that have gone south.  Then I see he walked away with $80K here, $100K there, $50K over here.  Kinda makes you wonder what's going on. 
Jan 20, 2008 11:50 AM
Adam Brett
The Adam and Eric Group - Fullerton, CA
The Adam and Eric Group, Fullerton's Finest
I would run away from it.  Sound like the same thing which happened in the 90s where a lot of people went to jail.
Jan 20, 2008 11:53 AM
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!
Good advice, guys. We decided not to continue with that property and now we are on to another. It was kind od weird, and freaked out the buyer as well.
Jan 20, 2008 11:58 AM