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By
Mortgage and Lending with Major Mortgage USA/Branch Manager

Stacie Colclasure was written a very nice post about her experience with a "season" veteran of the Real Estate world.  She has a line in there that just made me jump up and say seasoned means "some one that has not kept up with the times and classes".  She wrote

"He will give $2,000 cash to them if they will agree to original list price.  "we can't have a paper trail so I will give it to you and you can give it to the buyer."

 

What jumps out to me first is the possible RESPA violation that this agent might be looking at if he actually does this

But what really gets me is the wanting no paper trail....... Almost like the lender won't know "wink wink" 

Guess what Mr. Agent.......  We don't care what you do with your commission, but you will put it in the contract and we will disclose it on the HUD 1

I will quote right from the guidelines.......... "the seller or other interested 3rd parties such as real estate agents, builders, developers, etc or a combination of parties may contribute up to 6% of the properties sales price toward the buyer's actual closing cost, prepaid items, discount points and other financing concessions."  Any amount over that is treated as an inducement to purchase and reduces the amount of the mortgage.

In this fun market that we are facing right now, I see a lot of banter about buy this home and receive a new car, or a trip or even that lady in Florida that is offer up the opportunity to marry her and buy the house.....  any inducement (although I have a hard time placing a $$$ value on the lady) will result in a dollar to dollar reduction in the sales price, appraised value and then the LTV will be set on this lower amount.

So Mr. Wink Wink Realtor Agent...... lets keep it simple and if you want to bump the price up and give the extra back to buyer.... Do it in writingStock Illustration - deal with the  devil. fotosearch  - search clipart,  illustration,  drawings and vector  eps graphics images

Ron Moore
RE/MAX Professionals/Regal Builders - Retired - Florence, SC
MOORE Thoughts

I'm not sure that I would have described that agent as "seasoned."  Wouldn't dishonest be more appropriate?

Jul 02, 2008 02:43 AM
Stacie Colclasure
Gateway Holding and Referral Company - Bethalto, IL
Realtor, Bethalto, IL

Joe - I got the feeling that he didn't want the sellers to know about it either which leads me to think their reasoning for the counteroffer was really at his advice.  Maybe he was feeling like a schmuck for blowing the deal?  If the buyers were still willing to negotiate, I would have told Mr. Agent that the only way we would agree to it is if he were to reduce his commission and have the sellers give it as a credit to the buyer at closing.  However, the buyer saw him as unethical and shady and wanted nothing more to do with him.

Jul 02, 2008 04:31 AM
Sean Allen
International Financing Solutions - Fort Myers, FL
International Financing Solutions

Yes.... I use to love the agents that would ask us..."What do I get out of referring this client to you?" ..... My reply was always a "Closed Loan and a Sold House".

Sean Allen

Jul 02, 2008 04:55 AM
Stacie Colclasure
Gateway Holding and Referral Company - Bethalto, IL
Realtor, Bethalto, IL

Sean - and a happy client who will refer others!

Jul 02, 2008 05:25 AM
Joe Adams
Major Mortgage USA/Branch Manager - Montrose, CO

Stacie, your buyers are lucky to have you as their agent to watch out for them

 

Sean..... I liek to tell them they get their commission check also

Jul 02, 2008 05:31 AM
Stacie Colclasure
Gateway Holding and Referral Company - Bethalto, IL
Realtor, Bethalto, IL

Joe - I'm the lucky one.  At least that's how I feel when a client says they want to work with me and no one else  :)  Thank you for writing this post.

Jul 02, 2008 05:44 AM
Kate Bourland
Marketing with Kate - Redding, CA
Onlilne Marketing Mobile Marketing

Joe, that is crazy!  I can't belive that in this climate anyone would even whisper something like that!  I'm sure that it goes on, but many what a mistake.  I'm looking forward to catching up on your blog!!

Jul 02, 2008 08:55 AM
Thomas Hargreaves
TriStar Financial Services - Eugene, OR

Joe,  great post.. you have no idea how often this type of thing happens, even in the mortgage industry.  The little wink, wink deals..  It is only a matter of time before those dishonest agents are out looking for other work.  I know that the Mortgage industry is now putting more strict guidelines out so issues like these are a thing of the past.

                                                                      Tom

Jul 15, 2008 05:46 AM