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inflate a BPO - lose your license

By
Real Estate Agent with SUNIL SETHI REAL ESTATE

Just saw this sent out by CAR:

DRE Can Discipline Licensee for Inflating BPOs:Beginning on January 1, 2009, the DRE can suspend or revoke a real estate license if the licensee generates an inaccurate opinion of value (Broker Price Opinion or BPO) for a short sale of residential real property to manipulate the lender to reject the short sale or to acquire a financial or business advantage, such as obtaining a listing agreement. This new rule aims to preclude a self-serving agent from inflating a BPO in hopes that the lender will reject the short sale, foreclose on the property, and give the BPO agent an REO listing. Senate Bill 1737.

I had no idea that agent's were behaving so unethically to get a listing. You'd think the bank would be smart enough to give the listing to an agent other than the one that did the BPO.  I thought all the fly-by-nighters had left the industry. I guess not. I hope the agent that just performed a BPO on my listing was honest.

Posted by

Sunil Sethi
Broker, President, Owner, MBA, CPA(inactive)

Sunil Sethi REAL ESTATE
38750 Paseo Padre Pkwy, Ste B3
Fremont, CA 94536
(510) 388-2436
www.sunilsethi.com

Evelyn Panning
Property Connections Realty Inc. - Alturas, CA

It doesn't surprise me at all what agents will do to get a listing.  Now, I don't believe it's all agents, but there will always be those who succumb to reaching for low hanging fruit -- I am certain that many others have not done the same.  For those of us who have never done it, we have nothing to worry about. ~ Evelyn

Oct 09, 2008 04:09 AM
Pat Champion
John Roberts Realty - Eustis, FL
Call the "CHAMPION" for all your real estate needs

It's a shame there has to be such rules in place, but everyone is not ethical. 

Oct 09, 2008 04:20 AM
Michael Wayne Jackson
Coldwell Banker - Novato, CA
Broker - Seniors Real Estate Specialist Novato

I have lost a few short sale approvals due to the bpo coming in too high. I'm glad this is being enforced.

Oct 09, 2008 04:24 AM
Richard Mielke
RE/MAX Results - Gettysburg, PA
REALTOR, Gettysburg Pennsylvania Real Estate

I had a short sale fall through because the agent that did the BPO used sold comps that were well over a year old.

Oct 09, 2008 04:36 AM
Nelya Calev
John L Scott - Bellevue, WA

I am glad to hear they are doing something about it.

Oct 09, 2008 04:58 AM
Tere Rice
Allison James Estates & Homes - Temecula, CA
First Time Home Buyers, VA Buyers, Horse Ranches,

Wow what a wake up call. As most in this area, I  have been dealing with a lot of Short Sales. The one I am currently trying to get trough had a BPO done in August, I do not know what the BPO was but I am betting it was higher than the offer I have submitted. Also since I took over the listing and have it PENDING, I have been harassed (phone calls why is this priced so low, I have a client interested in placing an offer, what does the interior look like, and reported violations on my MLS listings)  by another agent. I figured they may have done the BPO, and thought the REO listing was coming their way. With the passing of this new legislation I now see the writing on the wall. I was suspect but now I am sure that is what happened.

Why does this business attract such unethical people? The big bucks? More laws less freedom hello!

 

Oct 09, 2008 05:05 AM
Brien Berard
Remax Professionals Laurel MD - Laurel, MD
Maryland Real Estate Agents - Laurel Real Estate

Wow, what kind of idiot would do something like price a BPO too high?  This is surprising to me. I guess it takes all kinds.

Dec 30, 2008 08:24 PM
Nancy Moeller
Seven Gables Real Estate - Anaheim Hills, CA

To promote independence, it seems to me that the BPO agent on a short sale should not have the opportunity to gain the REO listing. That would solve the problem

Jan 01, 2009 03:07 AM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

The fly by nighters will never totally leave the industry.  It is a part of the business and the work to weed them out is also.

Jan 08, 2009 04:17 PM
Josh Holt
RE/MAX Coast To Coast~ Dedicated to You! - Berwick, ME
Southern Maine and NH Real Estate - Your Source of Info on the Berwicks

This is a step in the right direction. Now if we could have something done to protect real consumers, and not just banks from those unprofessional agents among us.

Jan 13, 2009 11:42 AM
Art Kruschka
Administrative Manager - Manassas, VA
Manassas Woodbridge Dumfries Real Estate Sevices

Obviously, the industry needs to do a lot more about ethics and ttraining

Feb 04, 2009 03:25 AM
Charles Fischer
Housing Market Realty - Merritt Island, FL
Professional Real Estate Services

We have lost many deals and the banks have lost tens of thousands of dollars on deals we have been involved in that were killed by ignorant agents performing sloppy BPO's.  If you don't want to do a good job and be accurate. don;t do BPO's.  There is simply to much at stake!!

Feb 10, 2009 10:28 PM
Bettina Settles
Greenwood, IN
Your Indiana Connection

There is a part in the bill that is more direct and includes not only Real estate agents

          prohibits an individual who provides an opinion on the 
          value of a residential property to a lien holder of the 
          property from selling, buying, renting, or offers to sell, 
          buy, or rent the property for 12 months following the 
          opinion,

Bettina

Apr 21, 2009 08:08 AM
Sunil Sethi
SUNIL SETHI REAL ESTATE - Fremont, CA
Best Fremont Realtor

I like that, but the problem is they don't provide us with a copy of the BPO, so we don't know if the new agent was involved with the inflated BPO.

Apr 21, 2009 09:15 AM