My parents have their Hermosa Beach home on the market and recently had an interesting offer come their way.  Understandably in this current market people are finding creative ways to buy and sell real estate, but this "creative" offer struck me as an old fangled way around fraud.
The buyers were titled as an LLC and submitted an offer site unseen - red flag number one.  The offer was for almost a million over asking - red flag number two.  At this point, I realized this was Fraud 101.  To overpay for a product and expect a kickback is the oldest trick in the book, what were they thinking?  At the close of escrow they wanted the overpaid amount paid back to them, less a little that my parents could keep as a "thank you".  Seriously?  How has this offer made it this far?  Who is this agent who is allowing this to proceed?  According to said agent, they have transacted in this manner 9 times and 6 have closed.  Well, that could be a lie.  Luckily my parents are surrounded by competent real estate practitioners in many areas of a transaction.  Aside from their agent, they also have best friends who own their own escrow company, my step mom works in a law firm, and one of my dad's closest friends is a real estate attorney.  This "offer", as well as the offerers were gone over with a fine tooth comb.  The findings concluded that they were unable to provide proof of prior transactions, and the escrow company they wanted to use went by 6 different business names.   The clincher - when asked to provide proof of funds they declined stating "privacy laws" allowed them the keep their funding sources private.  I'm laughing at this point, thanking gawd my parents weren't victims. 
It's scary to think how many people HAVE been victims of this sort of thing, and wonder if it's going to be a more prominent thing in our industry.  It's hard to believe anyone falls for this, but they must or else these people wouldn't think they could get away with it.  Watch out, if an offer sounds too good to be true, it IS.    

 

8 Comments on Creative borrowing or fraud?

Notify the authorities!! This is fraud!  Think of the poor couple that buys a home in a neighborhood using seller kick-back transaction values as a basis for their offer.  The agent that even suggested that HUD rules be violated should be shot.

04/03/2008 02:24 PM by Mark Organek - Tempe Gilbert Mesa Chandler REALTOR (RE/MAX Alliance)


Wow, that did sound fishy, didn't it?  Unless the property is a VERYY expensive one, how could they get it to appraise at a million over asking?  Sounds like a scam to me!  

 

Bob Mitchell

ValueList Real Estate Services, Inc. 

04/03/2008 02:26 PM by ValueList Real Estate Services, Inc.


Melissa - Yes, how in the world were they going to come up with an appraisal?  This is another thing FSBO's need to watch out for!

04/03/2008 02:45 PM by Stanton Homes - Penny Hull: Raleigh Area Custom Home Builder (Stanton Homes Inc - Raleigh Custom Homes)


    Had a friend of mine call me back in January 2008 and asked for advice he was not getting from his agent who had listed his home many months prior.  It seems he had an offer presented that was 800K over his listed price of 1.6 million.  He said he had been given 2 of the same addendum for escrow (theirs), that included credits of different amounts to the buyer at closing. I told him if wants to go to jail have fun...The buyer was using "a straw man" and kickbacks thru lending. I also told him to say no and report it which he did. Apparently this buyer has done this on several occasions in the northwest. Scary stuff.....

04/03/2008 03:27 PM by Kim Harris-Broker/Owner/Sound Realty (Sound Realty)


Scammers all appear to use this same scheme.  On a much smaller scale...I was selling an almost new laptop on Craigslist a few weeks ago.  I was contaced by a couple of scammers, my favorite of which offered me twice my asking price and asked I ship it directly to his son in Africa as he (the scammer) is currently "down in Wisconsin on his dairy farm and has much business to do".  I laughed out loud when I read that part, then replied letting him know I am a farming enthusiast, would be in Wisconsin on business the next week and would be happy to drop off the computer in person.  I never heard back which stinks because I was really looking forward to my trip to the farm...lol

People really need to open their eyes ...no one in their right mind should believe an offer $1,000,000 over list price is legit. 

04/04/2008 02:53 PM by Matt Lemansky, Certified Residential Appraiser, SoCal (Matthew J. Lemansky, CREA)


Bob and Meilssa - In a case like this, you can count on them having a dirty apprasier in their pocket who makes a living hitting their numbers.  I've read multiple stories about real estate scams just like this one, and sure enough when it all comes crashing down there is a bad news appraiser in the mix.  From what I've read these appraisers have gotten serious jail time for their involvement...good riddance.

04/04/2008 03:02 PM by Matt Lemansky, Certified Residential Appraiser, SoCal (Matthew J. Lemansky, CREA)


We're all victims.  Banks don't usually take losses, they pass them on.  If they don't, then they go out of business (see Bears Stern) or they make it much harder for honest people to get credit. 

The Realtors excuse of I do it all the time is a nice way of bullying you into thinking that they know something that you don't and you really should have known.

Either way, as I said to an agent who tried this scam on me (with a much lesser amount), "You might look good in black and white stripes, but I don't."

04/04/2008 03:28 PM by Peter Wolf (Coldwell Banker)


Oh, I forgot one thing, since this is illegal, and a written contract trumps an oral agreement, other than fear of personal harm, there is nothing stopping a seller from keeping the money and not kicking back.  Ultimately, the lawsuit, if ever filed, would be against the buyer's broker.

04/04/2008 03:34 PM by Mark Organek - Tempe Gilbert Mesa Chandler REALTOR (RE/MAX Alliance)


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Real Estate Agent: Melissa Kiser, a next generation Realtor (Keller Williams Coastal Properties)
Melissa Kiser, a next generation Realtor
Long Beach, CA
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