This blog ended up being part II of a blog I wrote called Consumers....Watch Out- Would Your Realtor® Jeopardize Their Real Estate License with this deal? Part I  back on 10/13/07.

It was a true story regarding an unusual offer I received on one of my listings.

The reason I wrote about it was I was hoping for lots of feedback and I was uncomfortable when I looked at it and had to present it to my client. Also when I presented it to them I let them know that as their Realtor®...I felt there was something very fishy with this offer and they agreed.

Well today I received an even more unusual offer but seemed similar to the past one. I want to share this one as well so I'm hoping for as much feedback as I can get. Oh...did I forget to mention that I did present this to my client?  We both agreed that it would not be in his best interest to entertain it. Even though it had some of the same qualities as the other offer I felt at this point there were way too many unknowns and also I wasn't willing to jeopardize my license just to make a deal and my client didn't want to do anything that wasn't legal so both agreed that there was too much of a risk and that it might come back to bite both of us years later. But we weren't really sure.

So let me just tell you about this home first. This listing has been on the market for a long time. It was originally priced at $510,000 and at the time we listed it the market was much different.  It's 4BR 2.5 Bth home on a lakefront lot. When we first put the home on the market we received a few offers that my client turned down. Remember....this is not a short sale and he was fortunate enough to purchase it before the Real Estate boom. After the first of the year...we re-evaluated the market and decided to reposition his home in the market based on the lack of activity we were getting...the inventory and declining values. The property is now priced at $450,000. As the values continue to drop the home is now receiving some interest and the showings have gone up.

I received this call from a Realtor® who asked if the property was still available. After I told them yes..they informed me that they were going to fax me an offer in the form of a letter of intent.

In my neck of the woods....most agents would know that it's rare to get a letter of intent of a residential property. Normally we get a full contract but occaionally I might just get a verbal offer instead just to make sure we aren't wasting time. But hey......maybe I'm missing something.

Normally letters of intent are for commercial property. I personally never received any on a residential property so the light bulb went off. I then questioned it and asked the agent if he would mind telling me what the offer and terms were before I am surprised. He was not directly answering my question other than telling me that the offer was $380,000 net net.

My light bulb went off again  and this wasn't the first time I heard the words net net. He basically said that everything I needed to know would be in the letter of intent. I then asked him if the buyer actually saw the home because I didn't recognize the name of his firm ever calling to show it. He said no but that's why they were sending me this letter of intent and that if my seller agreed to work with this offer that then they would go see the home.

This was beginning to sound even more bizarre but I figured maybe it was a new way to sell property to buyers so I didn't want to make a big deal about it and just said to send it to me and I would present it to my client.

So put on your thinking caps and make sure you think about it.

 About 15 minutes go by and I receive this...

  List Price $450,000

         offer $450,000

Mortgage $415,000

   90% loan to value

        Deposit $4,000

Seller agrees to pay at closing $70,000 to buyer

Buyer will provide seller HUD 1,pre approval letter.

I walled the agent back to ask him where the 70K was going. He really didn't give me a legitimate answer that would have swayed us either way and the home's value is higher.

Now these figures are just samples but the story is true and I would like to hear any opinions you have.

For more information please contact Neal The Real Deal Bloom-Realtor® /Remax Premier Assoc.

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 Remax Real Estate Weston Florida

2500 Weston Road ,Suite 103

Weston FL 33331

(954)608-5556 Direct
(954)212-0257 Fax

nealb63@myacc.net

 
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22 Comments on Consumers....Watch Out- Would Your Realtor® Jeopardize Their Real Estate License with this deal? Part II

JUL
30
2008
832,220 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Is there some huge rock somewhere in Florida where these slimy creatures spawn and grow and then slither into loan offices to peddle their slime??? 

If the buyer is going to net $380K before commission, they might as well drop the price to $400K and get multiple offers. 

 

6:44pm • #1
Localism Sponsor

This doesn't sound like a legitimate offer but some type of fishing expedition. I would really like to know what the whole deal would look like if somebody actually accepted it. I have a feeling your seller would really be left holding some type of large bag.

6:49pm • #2

Good luck finding a lender that's willing to take a 15% seller contribution.  Most banks require seller contributions not to exceed 6% at that loan to value and the money to be used for closing cost and pre-paids items.  Next....

6:56pm • #3
140,266 Points 13 Featured Posts

A partial cash out loan?  I don't think so...I'd like to see a lender touch that one with a ten foot pole...unless of course they don't want the lender to know, in which case...

do they look good in orange?  Our jail here has gone to orange instead of the old black and white stripes...

7:07pm • #4
Hit Router

If it walks like a duck, and talks like a duck...

Sounds fishy to me. Seller credit for more than closing costs to the buyer, very fishy

7:08pm • #5
3 Featured Posts

Creative or crafty???   I think I would hand it off to my attorney for their opinion.  But my gut reaction...pass.

7:24pm • #6
140,116 Points 1 Featured Post Outside Blog

Did they think this would actually fly? Guess that was the reason for the letter of intent. They were on a fishing expedition. Always heard Florida had good fishing.

 

7:31pm • #7
3 Featured Posts Localism Sponsor Outside Blog Hit Router

This sounds like an illegal cash back scam. When I was newer to real estate, I had some wierd offers on my listings too. Some of the shady agents knew that I was new and I think they tried to take advantage. didn't work

7:32pm • #8
519,426 Points 52 Featured Posts Localism Sponsor Outside Blog

I had this happen on one of my listings last year.  It was a high rise and about $200K under last appraisal.  She just wanted it sold.  I had soooooooooooooooooooooo many similar offers.  One chick was so adamant, raise the price to $750K (it was priced at $550K) and then withdraw it from the MLS for appraisal purposes.  AHEM, no.  One dude called, raise the commission to $200,000.  No, no, no and NO!

Like Lenn said, if they will accept that, have them lower the price and generate multiple offers.

You may want to read this.

I did a BPO on one of those properties and let me tell you, it was BLATANT what went on.  They are lucky I am not an FBI agent cuz the list agent would be in trouble too!

You may want to do a little search in your MLS for some of this dude's transactions in the past year, check the tax record for pricing history, sales prices and contributions.  You may want to forward the info to your FBI office.

Now maybe they are not doing anything wrong, let the FBI determine that!

7:40pm • #9
568,679 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router

Neal, run don't walk to your attorney. This is wrong, we had the same situation happen in Ann Arbor, called Broker Bryant and he gave us good advice. We decided NOT to work with them but it was exactly the same scenerio. The FBI got involved but we didn't have the time or energy to set them up.

8:25pm • #10
1 Featured Post Localism Sponsor Hit Router

Neal- This is just the kind of shady (read illegal) deal, that got us into the current housing crisis.  People being told they could buy houses they couldn't afford. 

"We'll inflate the price, get you 110% mortgage, and you'll walk away from the deal with cash." 

Run, don't walk away from these guys.  You may want to give your local board a head's up.  See if there have been ethics complaints about this agent/brokerage.

9:03pm • #11
468,026 Points 54 Featured Posts Outside Blog

Neal how in the world were they going to justify $70,000 back.  Anything outside of Closing Cost (which can include points to bring the rate down) and money put in escrow for repairs is not allowed, and would be LOAN FRAUD.

9:37pm • #12
JUL
31
2008
107,195 Points 18 Featured Posts Outside Blog

Neal- Its happening up here as well. I wrote a blog about it a few weeks ago. I don't know where these guys are coming from or what they are thinking but they are barking up the wrong tree with me and with you. Will be glad when they slide back under their rock.

12:12am • #13

I don't know your laws in Florida but the Buyer would of been getting a heck of a deal!

12:19am • #14
487,046 Points 84 Featured Posts Localism Sponsor Outside Blog Hit Router

I have received the same letter of intent.  It is the same crowd that puts signs all over "We Buy Homes."  Another get rich quick seminar must have came through town.

3:43am • #15
300,286 Points 15 Featured Posts Localism Sponsor Outside Blog

Neal,
Gosh!!  This is new to me, never seen anything like this and if I did it would scare me to death.

8:15am • #16
596,498 Points 111 Featured Posts Localism Sponsor Outside Blog

I'm with George...FRAUD.

I just got a couple of shivers ....

12:12pm • #17
408,296 Points 74 Featured Posts Outside Blog

Sorry guys,

I've been bogged down with work and had to speak this morning at Remax about blogging so let me give you a few more details. I can't address each individual one on this post because I've got some other things going on but wanted to get back here and read the wonderful responses.

All numbers I used were a bit different but i wanted to make sure that there wasn't any accusations other than my suspicion so they were a little different. The 70K was real.

When I approached the agent I said that the 70K looks like they are asking for a gift of equity. This was assumed by me because if you read the first post you'll notice the agent offered it in that contract...the second part shows the 70K with no explanation so when I asked them they didn't know how it would be worded-and they didn't even know what a gift of equity was...if you look at the first post you'll get the idea.

Now the answer I got was this...the investor is buying the property for $450 shown on the HUD. But the investor who was buying it would close for $350K and then receive this 70K back from the buyer. According to the agent all he could tell me was the title company would decide how it would be itemized. So the first problem is that unless we even see it in writing there was not going to be a further discussion and he didn't seem to want to produce that information...all he said is that is the way the buyer/investor buys the properties and then sells them to a person who will use it as their primary residence. So I questioned him by saying "so your investor buys the property for lower than value after getting this 70K back then sells it at a premium to the occupied buyer and the buyer/investor gets a finders fee"? He sad yes...that is why I let him know that both my client and I feel this could be mortgage fraud as well as an IRS tax issue that would only benefit the buyer. Also both the seller and I could then be liable down the road if the FBI or the IRS wanted to investigate it. My seller is not interested in this type of deal and I just left it that. Keep your opinions coming in just so I know I'm not wrong in my thinking...if someone can show me that the transaction is a legal deal then ok maybe I'm missing something new.

Thanks

2:22pm • #18
606,279 Points 244 Featured Posts Localism Sponsor Outside Blog

Neal, You ain't wrong. It's an illegal flip and certainly involves mortgage fraud. This agent needs to be strongly made aware of this. Their broker would not be happy to find out this is going on.

6:11pm • #19
AUG
01
2008
408,296 Points 74 Featured Posts Outside Blog

BB,

I completely agree with everyone...but since we aren't moving further I would just prefer to let that guy fall on his face on his own. I'm not one to accuse anyone without real hard facts but it definitely is suspected and obviously it seems to make sense.

7:21am • #20

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Neal Bloom-Realtor ® Assoc.-CRS-Weston FL

Weston, FL

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Keller Williams Properties

Address: 1625 N. Commerce Parkway ,Suite 105, Weston, FL, 33326

Office Phone: (954) 608-5556

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