Special offer

When is a full offer not good enough? How about when an auction company is "teasing the public"?

By
Real Estate Agent with Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert

When is a full offer not good enough?  How about when an auction company is "teasing the public"?

You are probably wondering what I am talking about in the above sentence!   Does it sound crazy?  Here is the story:

A house is listed at Smith Mountain lake for $549 a year ago, it was reduced to $499k last August.  March of this year it was reduced to $449K.  July 16, the price is reduced to $374K.  July 20, verbiage is added to state that the property will be auctioned. July 23, the price is lowered again to $299K.  July 30, our client writes a full price offer with no contingencies....a very clean contract with a large down payment. 

The contract is rejected?!?!?!  The sellers want to know if our clients will pay more for the property....uh...NO!  August 1, the property is raised $50,000!?!??!?!  August 2 the price is raised ANOTHER $100K??!?!?!?  Now the price is $449K again?

Ah...here is the answer from the Auction Company's own lips!  Below is a quote from Lynn Gardner with Homeland Auctions the auction company who is playing this game on area home buyers and real estate agents:

Auction is all about the marketing.  We do for real estate what a 4th of July sale does for a retailer.  We set the date and time, we set the terms, we TEASE THE CONSUMER AWAY FROM THE COMPETITION (emphasis added), we advertise it like crazy and we sell it to the masses.

How is that for flat out manipulation?  How is that for our buyer who drove in from the mid west to buy a home, make a full price offer, leave a large deposit check, only to find out that the seller has now raised the price 50%?  And it was all a game contrived by Lynn Gardner and her company, Homeland Auctions!

Not only is this flat out wrong, it is a manipulation of the very system we use to showcase homes to the public and to other agents in an attempt to match buyers and sellers. 

I guess this truly is a case of Buyer Beware!

Posted by

Damon Gettier, Broker/Owner RE/MAX 1st REALTY --ABR, ABRM, CDPE, ePRO, GRI, SRES, AHWD,  VA Licensed Real Estate Instructor

Buyer and Seller Representation

Roanoke Virginia Foreclosure Agent

Roanoke Virginia REO Agent

Roanoke Short Sale Listing Agent

View my Roanoke Blog at www.BloggingRoanoke.com

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Comments (49)

Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

Damon ... Auctions usually work like that where the price advertised is the starting point for bids or negotiations.  Some brokers (not us) who list distressed properties on the MLS here in Southern California, use the same auction starting bid price strategy.

Aug 03, 2010 06:23 AM
Damon Gettier
Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert - Roanoke, VA
Broker/Owner ABRM, GRI, CDPE

Wow!  I had no idea this had been featured.  For a bit of an update here are the entire comments from the MLS:

AUCTION! This property going to public auction 8/7/10. The price listed herein is for auction purposes only and NOT an implication of value. Seller reserves the right to accept or reject all offers without penalty. Specific T&C’s apply. Contact auction office @ 877 668 6131 for details. Subject to prior sale. QUALITY NEW CONSTRUCTION READY FOR YOU! OVERLOOKING POND & HOLE #3 - THE WATERFRONT G.C.

Private Remarks: ACTIVE MEMBERSHIP AT TIME OF LISTING, TAXES BASED ON FRAKLIN CO. TAX RECORDS

 

The house actually had a public open house this weekend at the $299K price and after the open house was raised $50K and then the next day an additional $100K.

The statement that, "the price listed herein is for auction purposes only and NOT an implication of value" does not state or infer that the property is not available to purchase for the full list price. 

The statement that, "Subject to prior sale." gives the impression that the property is available for purchase at the list price and if sold will not reach the Auction stage.

If the company does not intend to sell the property for the listed price I think it is a violation of NAR's Code of Conduct in regard to Accuracy in Advertising. 

Article 12 of the Code of Ethics states:

"REALTORS® shall be honest and truthful in their real estate
communications and shall present a true picture in their advertising,
marketing, and other representations.
"

I see the auction company as blatantly violating the Code.

Aug 03, 2010 06:38 AM
Damon Gettier
Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert - Roanoke, VA
Broker/Owner ABRM, GRI, CDPE

I forgot to add this, the auction company has said that since there was so much interest in the property at the reduced price, they will most likely stall the auction!

Aug 03, 2010 06:49 AM
Janet Sebile
Coldwell Banker Apex, Realtors - Rowlett, TX

I know some MLS allow ths but there is are ethics questions that I think needs to be considered as to what we are presenting as "truth" to consumers.

Aug 03, 2010 06:57 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Damon. This is quite common in my market area. There's really not much that can be done about it. Sellers can price their property anyway they want and they can never be obligated to sell it at list price. That's just the way it is. It's neither unethical or illegal (assuming all disclosures are in place)

BUT...what you can do is use this to your advantage. Explain this technique to your potential buyers and give them another reason why they need a pro on their side.

Aug 03, 2010 07:00 AM
Lisa Orme
The Master's Key Realty LLC -Windsor, CT - HARTFORD COUNTY - Windsor, CT
Broker/Realtor, ABR, CRS,GRI, PSCS, SFR, Notary Pu

This kind of approach is just NOT good for business...anytime buyers ask me about auction properties, I wave a BIG RED FLAG--you can be the "winning bidder" and the bank still doesn't have to approve the sale...

Damon, I agree that "the auction company is blatantly violating the Code", but that is a code for REALTORS®. How many auction companys are actually REALTORS????

Aug 03, 2010 07:08 AM
Bryan Robertson
Los Altos, CA

Our MLS will not permit you to post a listing with a super low price just to tease the market.  It's one thing to list it 10% under to drive interest.  It's another thing to price is 25-30% too low.  I think what that company is doing is unethical, if not illegal.

Aug 03, 2010 09:32 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

Glad this got featured!  The buying public needs to learn about this practice!

Aug 03, 2010 10:47 AM
Anonymous
David R. Poe

The laws on auctioneering change from state to state, however in North Carolina this type of marketing an auction of real estate would be considered unethical and maybe illegal. In NC you must be a real estate broker and an Auctioneer to auction real property. We are bound by both the real estate commission rules as well as the auctioneering commission rules and realtor code of ethics.

The key to any auction is how it is advertised. If the property is sold as an "absolute Auction" which means that property will be sold to the highest bidder, regardless of price the day of the sale.

The second way would be advertised as an auction with "seller confirmation" which indicates that property can be withdrawn by the seller, if the last and highest bid did not reach their minimum price for the property. The auctioneer is not required to disclosed the minimum the seller has set for the auction.

in either case, the listing price in the MLS should be close to the market value.

 

 

Aug 03, 2010 10:48 AM
#41
Kirsten Lindquist
Pacific Union International - Sonoma, CA
Realtor - Sonoma Wine Country

Excellent and informative post.  Not a practice I've seen in our market (yet.)

Aug 03, 2010 06:24 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS

I had this conversation with a prospective auction attendee yesterday, and explained that auction companies are more concerned about the marketing than really about selling the house.

Aug 04, 2010 12:27 AM
Suzanne Strickler
Realty Mark Associates - Havertown, PA
School is never out for the Successful.

Damon - I've had dealings with one auction company here in Pennsylvania. In PA auctioneers don't need a real estate license to do their job BUT I was surprised that they didn't have one of their employees licensed just to keep them on top of the current real estate laws.

Aug 05, 2010 09:14 AM
Matthew Mitchell
Buyer's Capital Real Estate - New Haven, CT
New Haven Real Estate Agent

How are they still in business like this! I would be highly upset. I would be making complaits. Could this be considered bait and switch?

Aug 06, 2010 05:48 AM
June Lewis
Northwood Realty Services - New Castle, PA
Realtor Northwood Realty - New Castle,Pa Lawrence Co 7247304571

We as Realtors are held accountable for everything we say & do  from words in our marketing like quiet,view (so forth), agency, disclosure...and everything else...then this................and nothing can be done about it?  How about appraiser?

Look what a magnifying glass they have been put under...I can't understand how this can be done with no accountability on their part.....

Aug 08, 2010 01:08 AM
Christine Hart Howlett
Painesville and Eastern Lake County - Painesville, OH
Keller Williams Greater Cleveland NE

We were talking about this very subject today at the office.  All of a sudden one particular agent seems to be listing all his properties as "auctions."  One of our agents was told by an associate of this agent that there is no intention of ever actually holding an auction - it's a marketing ploy.  Hope it doesn't take long for the agents in this area to catch on; no one will want to show these properties.

Aug 13, 2010 04:36 PM
Maureen Fukumoto
Help-U-Sell Realty Pro - Mililani, HI
Maureen

We've seen some of this in our market but consumers have caught on pretty fast. Not too many have actually made it to closing.

Aug 13, 2010 09:53 PM
LaNita Cates
REMAX of Joliet - Joliet, IL

I have never done an auction and to be honest, they do make me nervous. I showed one this morning and was relieved when my buyer didn't like the house.

Aug 15, 2010 11:29 AM
Diane Lynch
Realty Executives Premiere - Warrenville, IL
Real Estate Broker

Auctions are nothing but marketing tools and it's a real turn off for the buyer when they bid and cannot buy the property.

Aug 15, 2010 05:12 PM
Patricia Aulson
BERKSHIRE HATHAWAY HOME SERVICES Verani Realty NH Real Estate - Exeter, NH
Realtor - Portsmouth NH Homes-Hampton NH Homes

Thanks for the inforative post today. I' ve bookmarked  it.

Aug 16, 2010 01:15 AM
Dan Rosenberger
Harvest Realty - Westfield, IN

Just a question:  When you bring a full price offer from a ready, willing and able buyer - aren't you owed a commission whether or not the seller goes through with the transaction?  (It didn't sound like a multiple offer situation, it sounded like the seller flat-out rejected a full priced offer.)

Aug 16, 2010 01:33 AM