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My advice for my buyers is don't give up and contact a lawyer!!!

By
Real Estate Agent with eXp Realty LLC 200311024

Illegal banking practicesMy buyers are buyers with a good credit score, but they just don't make a lot of money. So, they know the homes they are looking at are going to be on the lower price range of homes on the market and with that, there is going to be a lot of competition. But, when you find the home you want and your offer is the highest, and then still losing out, then I'm telling them to contact their lawyer.

Here is what happened:

My clients had found a home that they liked and was in their price range, but this home was a foreclosure. They put their best foot forward right from the start on this one. They were done looking, they wanted this home, and together we formulated the best offer for them to make sure they got this home... or so we thought.

The listing agent came back and said that if you want to put an offer in on this home than you need to get a pre-approval letter from ABC Bank out of Springfield, USA. OK, my clients and I are both wondering why this is needed, but we decided that if they want this home we best jump through their hoops.

Well, once on the phone getting the pre-approval, the bank pushes my buyer hard to use them. How hard? They were telling my clients that there are lots of offers on this home, you are the second person today that I've talked to about a pre-approval, but I can tell you that the amount you are offering isn't the only factor in getting this home. I suggest you use us to get this home. If you do, it will make your offer stronger than if you go with your lender. We can'teven promise we can get your pre-approval letter out today unless you are planning to use us. I just hope the other offer isn't accepted while you wait for your pre-approval, so do you want to use us or would you rather wait?

WOW! When my clients told me this, I said that this sounds very, very wrong and you have a choice. HOW BAD DO YOU WANT THIS HOME? I think you need to contact a lawyer because I know you want to stay with your lender and I agree with you on that, but I think what they are doing is breaking some laws, but I think you need to talk to a lawyer to confirm.

If you had a buyer in this situation, what would you have them do? Do you have them strong armed into a bad loan just so they can get a home? Do you have them stick with their lender who has got them this far and contact a lawyer and seeif there are some other avenues? I know I what I've done and that isthe 2nd choice, stay with their lender and contact a lawyer, because when something stinks like _____, it usual is!


Comments(9)

Liz Moras Migic
Chilliwack, BC
Chilliwack, British Columbia - Realtor

Holy Kaka! So if they go to a lawyer before the offer gets accepted they'll lose the house.....how badly do they love the house? Was it a bad loan - or was it just the strong-arming that was offensive?  I guess all you can do is advise - ultimately the clients decide. ?

Nov 23, 2009 03:27 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Todd,

Tell your clients to get a life!

Unless they think they were a protected class and that they were discriminated against there is no cause for action.

The seller can ask for any pre-qual they want, what they can't do is force you to use their lender. Whe I sold my condo I insisted I pre-qual the buyer, they were financiable, but I found they had backed out of several offers. I ask for a non-refundable $10,000.00 deposit paid to escrow the day I accepted the offer and paid to me after a 10 day inspection period. The offer expired because there lender couldn't preform. I saved the deal by providing their lender with my wholesaler. I did make their lender reduce his fees.

When you send a fool to a litigious lawyer you might find yourself on the wrong end of a tort! Right or wrong it's going to cost you.

Bill

Nov 23, 2009 03:33 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Liz  - I think it is the fact that they were told that if they don't use them they may not get the home.

Bill - I agree lawyers aren't always the answer and I agree they can ask for the pre-approval from anyone. But to tell them they won't get the pre-approval out until tomorrow because they aren't going to use them then that is just wrong. They may lose the house because the bank is refusing to deal with anyone who isn't going to use them to get the loan.

Nov 23, 2009 04:06 PM
Fred Carver Real Estate Consulant
Retired BC Realtor - Victoria, BC
Accredited Real Estate Consultant

Hi Todd..Pre-Qualification is one thing, but Strong arming the Buyer...mmm seems to me they have a conflict of interest, they certainly are not working for your Buyer. Get a pre-approval from Both the Sellers Bank and the Buyers Bank..then the Buyers has some choices.

Nov 23, 2009 04:08 PM
Zane Coffin
Century-21 Homestar - Geneva, OH
(Geneva Ohio Real Estate Agent)

Now I'm not a lawyer ...but is sure sounds like a form of Loan Steering to me.....I hope it works out for your buyer....peace zane

Nov 24, 2009 01:34 AM
Art Marine
Mortgage Solutions Financial - Lake Oswego, OR
Loans that Fit your Life

Todd,

This sounds like an overzealous Loan Officer on the other end of the transaction.  I would be willing to bet that the asset manager at the bank that owns the house has no idea this is happening and would be quite upset if they found out.  I would report the loan officer to the Federal Trade Commission, the Asset Manager at the Bank, and I would make a complaint to the LO's supervisor.  These kind of things happen occasionally but I think your client would be better served by working through formal channels of complaint than the courts.

Nov 24, 2009 04:19 AM
Theodora Wu
TJ Investments - Burien, WA

It does sound like your client is being strong armed.  I would have to agree that going through channels might be the best way to start.

Nov 24, 2009 04:19 PM
Sara Woolford & Steve Golson, ALHS
iTexas Realty Co. - San Antonio, TX

Hi Todd-  That is SO outrageous.  I would have given those Buyers the same advice that you did.  After that, it's up to them. Best of luck to all.   --Sara in San Antonio

Nov 26, 2009 08:50 AM
Lynn Krogseng
Keller Williams Premier Partners - Vancouver, WA

Todd, I read something about this practice and while I can't remember the exact article, I think I recalled that the owner (the bank) can legally give preference to buyers that use the bank's loan products. Not positive, and sure wish I could remember the article source. But, I know it gave me a shivery-cold feeling that that's exactly why we need to keep banks out of real estate.

Nov 29, 2009 07:35 AM