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NAR considers new short-sale disclosure rules - I need Help from some short sale experts

By
Real Estate Broker/Owner with SharkeyRE LLC CQ1040719

WASHINGTON - April 25, 2008 - When the National Association of Realtors®' Multiple Listing Issues & Policies Committee meets in May, members will discuss a standard definition of "short sale." The discussion stems from disagreements within the industry with regard to when properties can be labeled as short sales, and how to disclose them in the Multiple Listing Service.

Committee Chair Colleen Badagliaccosays that most MLSs allow Realtors to disclose real estate-owned properties, and whether sales are "subject to lender approval" or "subject to court confirmation." However, banks often discourage disclosure of potential short sales because more potential buyers submit low-ball offers.

Badagliacco says that listing agentshave a fiduciary duty to sellers, including REO properties, and suggests that encouraging a short sale might not be in the seller's best interest. On the other hand, as potential buyers focus on the properties currently available for sale, they want to know which ones have the potential to be a short sale. Disclosing "potential," however, can be difficult. "Are you potentially pregnant?" asks Badagliacco when describing the problems Realtors face if selling possible short sale properties.

"The (issue) that we've really been trying to focus onand pin down for discussion at the May meeting is: ‘How do you define a short sale?'" says Badagliacco. "Because technically you don't have a short sale until it comes to closing, and there is not enough money to pay off the lender."

Source: Inman News (04/24/08) Roberts, Jr., Glenn

© Copyright 2008 INFORMATION, INC. Bethesda, MD (301) 215-4688

I'm buried in short sales now, 25 listed, 8 pending/contingent, showing buyers on a regular basis now.  I'm confused as to why we need a rule for this.

Is it because most areas of the country have not dropped 35-50% in value like here?

If I go into a listing appointment knowing the customer is going to be short at closing, does that count?

or should I wait to find out they doen't have the money?

How do you evaluate a listing for a short sale?

When do you label it a short sale?

Sara Homan
Coldwell Banker Ellison Realty 352-209-4044 - Ocala, FL
Realtor, Homes, Farms & 55+

I don't know what your property appraiser site is like down there but in Marion County it discloses what the seller paid for the house and when they bought it.   It is a simple deduction from there.  When you sit down with them and the bank comes into the discussion along with the numbers owed vs current market value, that is the time to recognize that it is a short sale and must be disclosed.

The debate in disclosure is 2 basic elements. 1. Bank Approval  2. Commission cuts.

The first one is important for the selling agent to disclose to the buyer so that there isn't any challenges with the time factor and issues that may come up with that.

The second is a case of liability to the listing broker.  Should a bank decide to pay 4% at close instead of 6% the listing broker can be held responsible for the additional commission.  THAT WILL RUFFLE SOME FEATHERS!!!

Make sure you disclose ALL!

Apr 26, 2008 08:59 PM
Melody Botting
Broker Associate PenFed Realty - San Antonio, TX
You Deserve The Best
When I pull properties on MLS I just assume everything is negotiable.  I ask listing agents if it is a short sale to prepare my buyer for potential response time issues.  I do not think adjustments need to be made but that is just my opinion.
Apr 26, 2008 09:53 PM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!
I was told to put in the listing comments that "all offers are subject to mortgagee approval".
Apr 26, 2008 10:44 PM
Kathy Torline
ERA Herman Group Real Estate - Colorado Springs, CO
Colorado Springs Real Estate Blog 719-287-1049
Brian:  I have a couple of short sale listings and in my opinion they are full of ethical and legal issues.  I have decided that as part of my business practice I won't list a short sale property unless I know the seller has already had discussions with the lender and that the lender has at least said in theory they will talk about a short sale.
Apr 28, 2008 02:05 PM
Anonymous
Anonymous

I have several short sale listings and am comming up with issues where the seller agrees to a ridiculous investor offer, it's submitted to the bank and then do I put it under contract even though there are other parties wishing to write.  I fee your pain and wish someone would clear this up.

May 13, 2008 12:39 PM
#5
Gene Allen
Fathom Realty - Cary, NC
Realty Consultant for Cary Real Estate

It would be nice to have someone define because in the old day the seller would bring money to the table not ask the bank for it.

May 13, 2008 01:59 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I had a listing last year that was going to be a short sale but I got the listing just 2 months before it went into foreclosure so I could not do much. I could not advertise it as such.

May 19, 2008 10:41 AM
Michael Wayne Jackson
Coldwell Banker - Novato, CA
Broker - Seniors Real Estate Specialist Novato

Another disclosure for short sales? I think more buyers low ball reo properties than short sales since the reo can give a quicker response.

May 19, 2008 01:10 PM