Special offer

Are Short Sale Flips Illegal?!? And do I have to present those offers to my Sellers?

By
Real Estate Broker/Owner with MBA Broker Consultants CalBRE Broker #00983670

I can see that a lot of folks are mis-informed about topics like: short sales, flips, investors, profits, fair market value, distressed value, and the myth of "highest & best".  To be completely honest, before one year ago, I did not understand those topics either.  This was not a market I was used to dealing with, and certainly not at this level.  But in the past year, I've learned:

1. If you are a listing agent, and you receive a purchase offer for a specific listing that is active, you have a fiduciary duty to present it to your sellers, whether you like the offer or not.  It is their job to take the contract to their attorney to vet it.  You cannot simply reject the offer because you don't think it's right, but if unsure, take it to your real estate attorney for verification.  You cannot try to think for the sellers, THAT is illegal and unethical.  Present all offers to the sellers in writing and have them seek legal advice on any legal questions.

2. "Flips" are NOT illegal.  Even FHA is now endorsing them by waiving the 90-day flip rule.  I am learning to welcome investors with open arms.  They take the lemons (distressed properties such as short sales) off the market and replace them with lemonade (traditional sales at retail value).  There is a place in the industry for these folks and I am happy that it's a win-win and everyone can earn a profit.  This is definitely a mind-shift for me, out of my traditional sales "box".

3.  Offering a "low ball" price for a distressed property is LEGAL and ETHICAL.  Neither short sales nor foreclosures deserve "fair market value" prices!!!  Sad to say, but many BPO agents don't know the difference and incorrectly compare "apples with oranges" by pricing short sales at RETAIL value when they are clearly distressed properties.  See my blog here:  http://activerain.com/blogsview/1511129/what-is-the-difference-between-distressed-and-retail-properties-

4.  What IS wrong is a HIDDEN profit that is not disclosed to parties with an interest.  That is why the CT agents got in trouble with mis-representation.  It was not the "flip".  As we have learned:  disclosure, disclosure, disclosure.  Be transparent with all parties involved.  There is NOTHING wrong with either a flip or a profit, as long as everyone is aware.

5.  It's time we wake up and smell the coffee, this is a DIFFERENT market than 2005.   We need to learn how to value short sale properties and REOs at "liquidation" value, not "highest & best".  This is something new to me also, I am learning different approaches to respond to this market.... 

Let's learn together!

Regina P. Brown

Posted by

Regina P. Brown
Broker, Realtor®, M.B.A., e-Pro, GREEN
California DRE # 00983670
www.CalCoastCountry.com

                

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Lisa Schlitz
Home Run Real Estate, Inc. - Wellington, FL
Realtor - Wellington, Florida Homes 561-214-3216

Yes, alot of people are misinformed-especially if they don't do short sales on a regular bases. Here is Florida, it is the 'norm'. Thanks for the post.

Feb 24, 2010 10:58 PM
Jeffrey Smith
Author of 'Realtors Guide To Short Sale Success - Eustis, FL
Short Sale Education

Yes from another Floridian. Sometimes the "flipper" goes in and does superficial cleaning, painting, minor fix-ups and takes a chance on making a profit or not. The bank isn't usually willing to do even this so why begrudge the entrepreneur? GREED on the part of the banks.

Feb 24, 2010 11:25 PM
Dale Terry
Yadkinville, NC

Good comment on proper pricing.  Unforunately, most agents don't get it and then are upset when they get no offers or low offers.  We can get out of this mess faster if people would see the forest for the trees.

Feb 24, 2010 11:58 PM
Shirley Parks
Sands Realty 210-414-0966 - San Antonio, TX
Broker, 210-414-0966, San Antonio TX Real Estate

I don't do short sales but this is a very interesting post about short sale flips.

Feb 25, 2010 12:50 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

Regina: Did you write a new e-book about short sales? If so, I would love to review a copy.

Feb 25, 2010 01:10 AM
Jeremy Butts
Real Estate Entrepreneur - Louisville, KY
Investor

GREAT post! The paragraphs below are from this USAtoday article:

"Still, the buyer is paying a premium not to have to deal with the risks involved in buying a foreclosed home or a short sale, which can take several months to close."

"A new analysis of foreclosure and non-foreclosure sales by Zillow.com found that even when most of the market is made up of bank-owned homes, non-foreclosures sell for as much as 30% more"

Feb 25, 2010 02:43 AM
Regina P. Brown
MBA Broker Consultants - Carlsbad, CA
M.B.A., Broker, Instructor

Thank you everyone for stopping by to comment.  I hope we can get this message out to our colleagues all across the U.S.

Feb 25, 2010 02:52 AM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

There is not harm in making low ball offer.  It is up to the seller as to whether they want to take it.  No harm no foul.

Feb 28, 2010 04:33 PM
Regina P. Brown
MBA Broker Consultants - Carlsbad, CA
M.B.A., Broker, Instructor

Robert, I agree and sellers need to learn how to remove their emotions from the business transaction.  No one should be "offended" by a low-ball offer.  Either accept it, reject it, or make a counter offer.  It's that simple.

Feb 28, 2010 06:58 PM
Sheri Rogers
Power Rentals & Investments, LLC - Desoto, TX

Very different market indeed. Most of the agents get offended by low-ball offers and in turn, spark the sellers to get offended. This is definitely not a time for emotions.

Mar 08, 2010 03:30 PM
Eric Lanspa
Town & Country Realtors - Sioux Falls, SD

I tell my sellers there is no such thing as a bad offer.  There are some disappointing offers.  Anytime someone expresses interest in writing they wish to purchase your home, take it as a compliment.  We don't have to accept it.

Mar 15, 2010 07:26 AM
Regina P. Brown
MBA Broker Consultants - Carlsbad, CA
M.B.A., Broker, Instructor

Should Realtors and Brokers be rejecting offers at all?  Read this blog post:

http://activerain.com/blogsview/1517787/realtors-when-should-you-reject-an-offer-quiz-time-

and your comments are welcome, as always!

Mar 16, 2010 12:25 PM
Anonymous
Ted Akers

Excellent post here.  There is so much mis-information circulated among realtors regarding legality or illegality of flips.  Reality is that national title companies would not be closing them if they were illegal.  It is refreshing to hear your informed oppinion.  Thanks!

Jun 23, 2010 07:15 AM
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