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Foreclosures in Poinciana FL. Maybe they're not for me. This time!

By
Real Estate Broker/Owner with Tutas Towne Realty, Inc and Garden Views Realty, LLC BK607690

Well I guess my recent foray into the REO market failed. I listed two bank owned properties (REOs) last week but unfortunately, today, I canceled the listings. We just couldn't seem to get on the same page. Bummer!!

It's hard for to work when everything I do is questioned. After trying my best to make things work I decided life is too short to work for folks that truly only want a "yes man". That's far from being who I am.

The last issue was about offering a selling bonus. My opinion on this has always been that it's better to increase the co-broke or better yet reduce the list price. The reason I feel this way is that I know for a fact that bonuses have a tendency of "disappearing" once the negotiations start. I'm sure you have experienced this before.

Also, bonuses only show up if the REALTOR® clicks through to read the full MLS details. This means that if they are eliminating properties with a less than adequate co-broke they may not even see that a bonus is being offered.

But of course I was willing to offer the bonus as the bank requested as long as I gave my opinion, in writing to them, which I did. So against my better judgment I placed the bonus in the REALTOR® remarks section of the MLS.

Then I get another call. Bank lady wants me to state the bonus is to be paid to the selling agent instead of the selling Broker. Well OK then.....you can't do that! The bank lady I was talking with said I could and this is the way they always do it. According to bank lady, the purpose of the bonus is to give the money directly to the agent so they don't have to split it with the Broker. Well....Ok then....AGAIN!

As hard as I tried I couldn't get bank lady to understand that you can't do this. ALL compensation related to the sale has to go through the Broker. Of course I am wrong! All of their listing agents do it this way. In fact, according to bank lady she has verified that this is perfectly legal according to the Florida Real Estate Commission(FREC). Sure it is!!

The clincher was telling me the bonus had to be in the PUBLIC remarks of the MLS. Now I don't know about your MLS system but in mine, MLXchange, this is a big no no. Of course I couldn't explain this either since ALL of their listing agents put it there. Maybe they don't see the big disclaimer that pops up when you enter the public remarks telling them this is a finable offense. Or maybe they just ignore it. Or maybe bank lady is wrong. Of course I'm sure that's not the case.

Whatever it is........I'm done. NEXT!!!

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Copyright © 2008 http://www.brokerbryant.com/ | All Rights Reserved

Bryant Tutas
Broker/Owner
Tutas Towne Realty, Inc
Licensed Florida Real Estate Broker
http://www.brokerbryant.com/
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Comments(44)

Debbie DiFonzo
Debbie DiFonzo - United Country VIP Realty, SW Missouri - Lebanon, MO
Lebanon MO and Buffalo Missouri Real Estate
I think I'm dealing with your Bank Lady's twin sister! Are there no guidelines for these people to follow? Do the not attend any sort of training? And what exactly to these people do earn their "referral fee"?
Feb 29, 2008 03:49 PM
Fran Gatti
RE/MAX Integrity - Medford, OR
Managing Principal Broker - RE/MAX Integrity
I guess the other agents involved with "bank lady" don't know their law or don't care. In either case, this is kind of scary.
Feb 29, 2008 04:27 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!
Bryant- We don't do the REO thing, for exactly what happened to you happens a lot. I am not a yes woman, and Nestor is not  a yes man. Like you said, life is too short for those people to be in our lives. There is so much business out there right now, they need us more than we need them, the bankers. Bonuses in Florida must be paid to the broker, no other way around that. Salespeople can get the bonus at the closing table if the broker approves it. But I agree with you it is just a way to get the fee down. They need to stop thinking that just because they are the bank it always is that one fee that they seem to offer to the selling agent. There are just too many homes around where the co broke is higher and the property is a better fit. 
Feb 29, 2008 04:59 PM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Bravo Broker Bryant!  Bravo!   You did not fail by any stretch- you excerised good judgement.  How about the little line on the bottom of these REO's in MLS which state "Commission subject to lenders approval" Love that little ditty- you will bring them a buyer and not get paid. 

I am with you- No Thanks.... I will take REAL listings over problem properties any day of the week.

 

Feb 29, 2008 10:53 PM
Neal Bloom
Brokered by eXp Realty LLC - Weston, FL
Realtor CRS-Weston FL Real Estate

BB,

I don't like the bonus offers either...I don't even think they should be in the remarks of the listing...I too would rather reduce the price enough for the buyer to come to me or the other agent as an incentive to buy it at a better price. I might take the price and reduce it a little less and also offer something extra to the co-broke...this way you have buyer and agent incentive. We were offered a bonus on a listing we sold recently only to find the agent arguing with us about paying it...personally thats really bad and we made sure we faxed the listing and the contract with it in the deal...honor the agreement and not just bait agents.

Feb 29, 2008 11:06 PM
Laurie Mindnich
Centennial, CO
Thanks for the heads-up.  Having decided that short sales are completely not worth the time (due to the banks, not the sellers) it's good to know that the best way to deal with bank owned properties is to bring the buyer- not list.  Who needs the aggravation (like we don't have enough right now)?
Feb 29, 2008 11:08 PM
Dan Forbes
Bradenton, FL
BB- Excellent reasons NOT to do REO's.  I also am turning down RELO companies for similar reasons.  They all want to tell us how to do our business.  That's not for me.
Mar 01, 2008 12:15 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Not to go off subject, but Bill Archambault Jr. cracked me up. 

 

Mar 01, 2008 01:12 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

I signed up with my first REO company last week, Ocwen.  I have 3 agents that are doing REOs right now and they all tell me weird stories.  So far we have not come across any of the issues that you have brought up. 

The weirdest one so far as the lender that does not want anyone to advertise that the house is a foreclosure or a fixer-upper in the MLS.  So when the buyer's agents call, he has to tell them that the house needs a bunch of work.  Dumb, dumb, dumb.  I would think the word foreclosure would actually encourage more buyers to go out and look. Everyone wants a deal now.

Mar 01, 2008 02:49 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Bill, That's pretty damn funny!!!!

Hey guys. Thanks for stopping by. I met the new REALTOR(R) today to pass over the keys. Nice young guy. I truly hope he does well. Both these properties were priced right and were getting tons of activity. They probably would have sold over the next week or two. Kind of hated losingthem but it feels good to not have to deal with banker lady and her orders. Oh well....I have 20 other listinsg to concentrate on with more coming on this week. It's not like I need their business.

Supposedly "bank lady" is an EX top producer. At least that's what she told me. I wonder why she's not selling real estate?

OK I'm done being negative on this. I probably shouldn't have posted this but it got away from me. Onward!!!

Mar 01, 2008 05:50 AM
Anonymous
Dan Homan
Your points are well taken.  It would not be so bad if the banks just played their control games with their REOs - but this illustrates the problem with the so called mortgage crisis in general.  The problem is the banks play these same control games with distressed owners looking for a short sale.  Even if he sellers called early - before a default, the bank would insist on devastating the sellers' credit before returning call 1 and so on.  Your post makes a good point that Licensed brokers and agents are regulated in their dealings with the public and have a code of ethics, whereas banks and mortgage companies - not so much.
Mar 01, 2008 11:24 PM
#35
Scott Friestad
Friestad Realty - Shreveport, LA

BB, your posts always bring great thoughts and joy.  Please do keep posting!  Although I do not list Bank Lady's homes on purpose, I do have to sell them, which makes my job suck some-days.  Just the other day a home I brought an offer had two offers on the same day, however I am sure ours was in HOURS earlier and much better, the Bank Lady told her agent to go back with "Highest and Best".  So the good Real Estate Agent she is (not) told us to bring our highest and best which we did!  Guess what happened next???  Yep, both offers were full price and very similar so Bank Lady told her smart agent to come back again with "Highest and Best", as if we held back on the first.  My client told me to tell bank lady to Kiss Their Thumb and found another home.  Bank Lady's house is still on the market.

I would like to congratulate you on firing bank lady!

Mar 02, 2008 12:45 AM
Carole Cohen
Howard Hanna Cleveland City Office - Cleveland, OH
Realtor, ePRO
Bryant it sounds like too many headaches for no good reason and a good decision to walk away. Here all money goes to the brokerage even if it says agent in the remarks so what the heck is the point the bank is making? I hear you, if things are this dicey before there is an offer, imagine how it would be once there is? OY!  PS: I bet you could foray into it with different banks.  Not all of them are weird lol
Mar 02, 2008 01:23 AM
Diane Aurit
LKN Realty, LLC - Mooresville, NC
Lake Norman Real Estate
Yikes, such an uninformed ignorant bank lady.  Luckily you know the rules inside and out as imagine what would have happened if you had written in the public record about a bonus that goes directly to the listing agent and not the broker....so how many years in jail or how quickly could one loose their license over such craziness!  I hate agent bonuses!
Mar 02, 2008 05:37 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time
Great comments everyone. I guess my biggest issue is hiring me to do a job and then not letting me do it. Maybe it's a control issue on my part but I've been selling in my market for 14 years!! I know what works and what doesn't work. By the way I'm the second listing broker in 30 days. They now just hired their 3rd!!! Go figure.
Mar 02, 2008 07:04 AM
Amanda Evans
DFW Living - Fort Worth, TX
Real Estate Broker - Fort Worth Texas

Sounds like bank lady is just like any other seller that has 2 hours worth of real estate knowledge.  Anybody that tells me they used to be in real estate gets referred out. 

Mar 02, 2008 09:40 AM
Sandi Bauman
Chico Homes Real Estate - Chico, CA
Chico CA Realtor
I smiled the whole way through this, because a lot of it sounded familiar.  You just have to shake your head, and move on. I have found that some of the banks simply cannot hire and train people fast enough to handle the transactions intelligently.  The foreclosure epidemic has caught some of them off guard, and they are simply trying to stop the bleeding.  Like you, I find it REALLY hard when they hire me, but then don't trust me enough to listen to my professional opinion.  
Mar 02, 2008 03:25 PM
Scott Daniels Florida Real Estate 2.0. Agents Earn 100% Commission.
Florida List For Less Realty, Inc. Broker/Owner. - Cooper City, FL

BB,

There are certain condition`s the bank and it`s committee`s are willing to go. I`ve yet to see a bonus offered of any kind in regards to these type of sales.

It`s a different type of a listing than you`re accustomed to,but i wouldn`t give up so fast just because you disagree with the establishment.

It takes a few weeks to gain their confidence.

After awhile they begin to realize who the players are.

The business will eventually add up.

Keep the faith my brutha..  

Mar 02, 2008 11:58 PM
Susan Milner
Florida Future Realty, Inc. - Cape Coral, FL
Cape Coral Real Estate Broker, FloridaFutureAgents

BB,

Since again, as we know, our markets are so similar, I too thought it might be a good idea to deal with REOs. So far, no such luck. One bank wanted me to over price the listing about 20% - yeah because a bank in the NE US knows more about the Cape Coral real estate market than I do, a real estate broker who works in this market EVERY DAY. Anyway, I tried again. A bank said they wanted a bpo done. I went out to this wreck of a house, took tons of photos, prepared a great BPO, etc & what happened? NOTHING. I guess they just used me to determine the true value.

Now, I'm not sure that I will pursue anymore. Unless I speak to a reasonable banker person somewhere - do they exist? LOL, So regular sales & short sales I'll keep plugging away.

Mar 08, 2008 02:13 AM
William Collins
ERA Queen City Realty - Scotch Plains, NJ
Property and Asset Management

Bryant,

Thanks for the post. Far too many real estate agents think that they want to be REO agents. As you have so clearly illustrated, it ain't all that. We have an REO division and they are constantly fighting with the lienholder about market values, in the markets we serve. But as you say, they know better!

Mar 08, 2008 12:19 PM