Special offer

Atlanta Short Sales - Why Would You Try to Sell One?

By
Real Estate Agent with Long & Foster 0225078705

I am going throught the Atlanta MLS this evening and I am seeing quite a few Atlanta homes for sale and listings being marketed as "Short sales!"  First of all, I wonder how many are really bank approved?  Otherwise it is just wishful thinking, and a total waste of time for all.  I know a lot of my Atlanta real estate friends are wasting a lot of time with new agents thinking all listings can be listed this way.  They can't, not all sellers will be able to just walk away and have the banks take them off the hook.  The other item that I do not like is the commission is markets as X% but then the comments say "commission will be split 50/50."  So the commission is not X% it is half of X%.   Pretty deceptive if you ask me.  In my Alanta market, I have to pay FMLS fees per deal. (.00125 of each deal) Fees can add up very quickly, and I am not likely to want to do a lot of work and not get a return on my time.  I am not in  a position to do a lot of work, bring in a buyer, negotiate a deal and not be compensated properly for my efforts.   If someone were to tell me that I may get paid or wind up with .5% I would tell them I am not interested.  At that rate...it would not cover the O/E insurance and may actually violate State Law in Georgia.  In Georgia there are cracking down on the illegally practicing law in advising those in short sales.

Also when I read that the short sale is bank approved at 200K (this is just an example)  what if I want to bid lower?  What if I want to wait until it goes into foreclosure and bid less and pick up a full commission?  These are just some thoughts and ramblings were based on a compilation of remarks and coments and one in particular that I did not like..."Seller reserves the right to pay commission based on net sales price"  Thanks for letting me rant!

Posted by

James Crawford Broker Associate

Long & Foster Fredericksburg Virginia

678-595-5286 Direct

 

Fredericksburg VA Real Estate Agents, Spotsylvania County Homes for Sale, Spotsylvania County VA Homes, Stafford County VA Homes, and City of Fredericksburg VA – Luxury Homes, Lots, Land, and New Home Construction. Buying or Selling Call Me!  

 

Long and Foster Fredericksburg VA

Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Phil  Great idea.  Really without the authorization letter from the bank it is pretty much an excericise in futility. A lot of time even when we list a home where the couple is divorcing we ask for a copy of the divorce decree.

Aug 04, 2008 02:28 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Jim:  Would you list a house as preapproved by sellers at list price?  No.  Why?  Because the terms of each individual contract can vary wildly.  What is someone gave you list price, but wanted $20K in closing costs.  That's a different bottom line than someone who will give you $5K less than list, but wants no closing costs.  How can you expect a bank to do what any seller in their right mind won't do?  Preapproval is something that doesn't exsit.  But if the groundwork is laid properly with the bank, approval is not a mystical thing.  We run comps, we know the market.  We know a good offer vs. a joke any day of the week.   Short sales are getting approved more and more these days, and it's not always an erasing of debt that comes with approval...another thing for agents to be aware of.  Some lenders are requiring site notes.

Aug 05, 2008 02:46 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Chris Ann Cleland, GRI (Long & Foster) Each market is different.  The most complaints I hear from many agents is the listing agent never contacted anybody  before listing it as a short sale.  In the first place not every seller is going to qualify for a short sale position.  If you have $2 million in the bank the bank is not going to let you off the hook.  So in the sense that the listing agent has done nothing except believe they can do it...it is grossly unfair to everyone else.  It is also grossly unfair for the agent to list a home that is going into foreclosure to list it as a regular listing.  They can advertise a commission knowing full well the other agent taking in a buyer will never be compensated for it at the commission.  Is that fair?  I believe it is the height of laziness, it is unethical, and it may be illegal in the sense it is really a bait and switch position.

Also in Georgia, a person that advises a seller about a short sale position better be a lawyer.  A consumer credit person was just found guilty for giving advice which was deemed the illegal practice of law by an unlicensed person.

Aug 05, 2008 04:11 AM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

I agree with you Jim.  I have noticed similar statements in the MLS listings here in Colorado Springs.  Some say: "agent's commission may be reduced by x% by lender depending on final selling price."

Aug 06, 2008 04:45 AM
Chris Horton
Horton's Lawn Care L.L.C. - Burton, MI

Jim- From reading your response to Chris Ann, I think your title should really be why would you try to sell one that may not be one. Maybe I am wrong I don't know but I think you would be interested in trying to sell one if it was put together properly and the agent wasn't just hoping it would be able to be one when there has been no ground work laid, and the banks haven't even been contacted about it being a SS. Many agents don't actually do the ground work themselves, because no it wouldn't be worth it to them. However there are companies out there that are trained and handle all that perfectly fine so the agents don't have to deal with the banks.

Aug 06, 2008 02:10 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Colorado Springs Realty Patricia Beck (Prudential Professional Realtors, GRI)  That is the MO...but really most times it ends with "?"  I like to know up front what my compenstion is.

Aug 06, 2008 05:55 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Chris Horton (Horton's Lawn Care L.L.C.)  I agree.  Many of the homes advertised are not approved for short sale.  If it is put together properly it may be of interest but not for a greatly reduced commission, or based on final sales price.  In Atlanta our MLS is broker owned nad the fees to belong to the MLS are one of the highest in the nation.  A 600K home, my fee can be over $800.  It would make no sense to do the deal for a fraction of what I normally earn, and still have to pay fixed costs.  It would make more sense to call it quits in real estate if I make less than it takes to cover expenses.

Aug 06, 2008 06:00 PM
Chris Davis
Supreme Lending NMLS #2129 - Phoenix, AZ

Jim and to all as we have ventured into this trying market.  The noise back in Aug. 2007 or even a couple of months prior to the down turn of events the Banks had never been geared up for a Short Sales or Loan modification or even to handle a foreclosure.  The amount of properties crushed the industry and it is now that all of the Bnks are putting together Short Sale teams to handle the transactions.  I have a good friend who is an asset manager for Countrywide and they are now after a yr. and 1/2 putting more staff on for short sales.  When she had first started with them in March 07, she had 300 files just in MI alone to Manage, the scope was huge, and 3 people in her division, so yes the discouraged Agents, buyers and lenders all advised their clients to not even write an offer on a short sales.  Like most agents who stay in touch with their clients took a listing to flat out help them get through.  Why because they sold them the house and I'm sure you work with your clients.   Yes a reactive approach and an approach from all Banks that hindered all of our markets as they are and still are short staffed.  So now the market has rebounded in areas, but I agree with you about Agents who need to work and work smart, as the process is just that a detailed process.  What frustrates me is the agent that has 90 listings, yes 90 listings.  Wow great service, and the Banks again let this happen and they could care less if the offer gets accepted as if they are working on your small margins and it is quantity not quality. So I aggree that these short sales have given the industry a bad rap because of the inabilities of the Baks to staff the appropriate people to handle the business and the greedy agent that thinks 90 transactions is feasable.  Also Jim I also commented on the DPA's and Nehemia had a Town Hall Conference meeting today and is our country willing to give up 50,000 sales per month as the elimination of the DPA's come Oct. 01.

Aug 06, 2008 06:39 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Chris Davis (State Mortgage)  Thank you Chris for all your thoughts and sharing.  The reality is Short Sales were never a norm for any of us, and now have become almost a routine.  I never said they were and easy routine, because real estate can be most stressful even at its best.  It leaves a bad taste in one's mouth to advertise a property as a short sale when no work has been done.  Much of what I've seen in Atlanta as compared to other areas is that there is no prior contact with bank at all.  That is troublesome.

Aug 07, 2008 12:21 AM
Mary Strang
Viroqua, WI

Jim I have to agree, Short Sales seems to be the a new thing in many markets. In the old days, It was just called:  going hat in hand to the banker and begging for your client, to see if  a deal could be made. Some times it worked often it did did not. It was more often the commission that got shorted. Might now mean, the seller can reserve the right to go directly into foreclosure and sue his listing agent for misleading them if it was not approved first.

Aug 07, 2008 01:05 AM
Glenn S. Phillips
Lake Homes Realty - Birmingham, AL
CEO, Lake Homes Realty / LakeHomes.com

Jim, sounds like at least some folks in your market are just trolling for money they can go to the bank with and offer the short sale.  Perhaps not all, but some may be.

Aug 07, 2008 07:03 AM
Celina Gleason
AgentOwned Realty - Manning, SC

I'm in a short sale right now.   I've already been asked by the bank to reduce my commission too, which I agreed to do.  Only silver lining I can see in this situation is that the faster we get these short sales and other foreclosures sold, the quicker our local markets will get back to normal.  Call it an ulterior motivation if you want, but I'm all for getting these short sales SOLD.  Maybe our market will level out and I can start to see some form of normalcy again in my income.

Not to mention that, instead of ruining the owner's credit, the short sales also give them a chance in a couple of years to back up and punt the ball again.  Maybe they will be smarter with their budgeting next time and will at least know what NOT to do with their next home.

 

Aug 07, 2008 07:16 AM
Chris Horton
Horton's Lawn Care L.L.C. - Burton, MI

Jim- That is crazy that your MLS fees are so much. Just curious but how do they work? Are they like a tiered expense higher cost of the home higher fees? And how are you charged the fees, is it when its listed or sold and if its when sold on that 600k home would both agents (if not duel listed) pay the 800+ each?? Yeah I really don't think anyone would want to work to lose money.... just doesn't make sense. If I remember correctly the Flint, MI MLS charged $15 for out of area agents to list on it per home, and regular board dues for Flint agents is $96 for 3 quarters and about $400 for the other quarter, but it is about $1,000 to join, but as long as you pay your board dues it doesn't cost anything extra to list a home... if you don't pay them its $15 per house just like the out of towners.

Goodluck, and who knows maybe someone will get one together right and be worth while for you and everyone involved :-D

Aug 07, 2008 11:05 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Mary Strang, Viroqua, WI Real Estate (RE/MAX Hill Country)  There are going to ba a lot of lawsuits when this is all over.  This is a very dicey subject.  In Georgia I've heard a few have been convicted and are now in jail for unlawfully giving legal advice...  One was a situation where the short seller did not realize they were giving up possession of their property.

Aug 07, 2008 11:20 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Glenn Phillips (Management, Coach, Speaker) (RealSource)  I really feel it is just inexperience, and ignorance.

Aug 07, 2008 11:22 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Celina Gleason (AgentOwned Realty)  Interesting perspective, I have some different thoughts.  Some that I personally know, were responsible, and borrowed from parents and soem relatives and came to closing wiht the cash difference and paid off the difference.  They have now paid back the loands and are saving a down payment to buy their next home.  Does personal responsibility begins by taking action to correct your own errors in life?  Some think so.

Aug 07, 2008 11:31 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Chris Horton (Horton's Lawn Care L.L.C.)  We pay .00125 of the sales price.

Aug 07, 2008 11:32 AM
Richard Stabile
Re/Max Real Estate Limited - Oradell, NJ
Bergen County New Homes Builder Realtor

Jim:

In Bergen County, where I am, there are short sales. However not the same amount as I see elsewhere. I think your right. The commission by us must be fill in with something. I would never want to get into a hope and a dream of not just if you are getting paid, but let them decide after the deal is started, how much.

Our market is not as bad and is much more orderly. Don't get me wrong, we have them and they are a hassel. I think the only way to go is to have a buyer agency agreement and make the best deal for the buyer and get paid. If they record no specific commission in the listing then your rights to set a commission with the buyer is inforce. In New Jersey you are not suppose to collect from both sides.

Richard

Aug 07, 2008 11:42 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Richard Stabile Bergen County New Homes Builder Realtor (REMAX real estate associates)   You bring up a very interesting thought.  There is no reason why the commission cannot be figured out on the front side of the deal!  Real estate persons for the most part cannot see themselves as very poor business persons. In real estate in good times there is an 80% turnover in good times.  Can you imagine now?  How many persons in our business are going to burn themselves out with stress and low compensation thinking this is the way business is conducted.  It isn't.  All you have to do is math.  If I sell 10 homes and make 50K in commissions or if I sell 100 homes and only make 50K in commissions...which one will wear me out mentally?

Aug 07, 2008 02:41 PM
Glenn S. Phillips
Lake Homes Realty - Birmingham, AL
CEO, Lake Homes Realty / LakeHomes.com

Jim, good point about inexperience.  I can already hear the retrospectives in a few months, "Well, it SEEMED like a good idea at the time..."  

Aug 07, 2008 02:41 PM