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Fishing Offers, not!

By
Real Estate Agent with RE/MAX Executive Realty

Just today I put an offer in on a short sale for one of my buyers and the listing agent informed me that there were multiple offers and wanted my buyer to submit his best and highest.  This struck me as unsual because 1. the bank had not approved the list price as sufficent and 2. why would you turn away a cash offer when the majority of short sales that close will not be with the first offer, but the 3 or 4th offer submitted.  What happened to presenting all offers to the bank?

Nevertheless, my buyer decided to offer full list price.  Then another strange thing happened.  The listing agent leaves me a message saying that the other buyer offered more than my buyers best and highest and we needed to come up more.  Wow!  Obviously this agent missed last years CE class when fishing offers became a clear violation of ethics and RE law.

I am not sure if my buyer will pursue this property because the listing agent has displayed poor moral character and clearly lacks proficency in managing a short sale transaction.  I marvel at agents who call themselves short sale specialist and don't hold the CDPE or SFR designations.  Specialist are educated and trained. 

Comments(5)

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Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Wow -- this is an intersting story.  I would be careful here.. and I bet the buyer will just move on.

Nov 18, 2010 01:48 PM
Amanda Nicodemus
Spring Texas Keller Williams Professionals - Cypresswood - Spring, TX
Spring Texas Real Estate www.amandahomes.com

It's not uncommon to receive several offers on a short sale listing. The listing agent however will only submit the highest offer to the bank/lender, since the propery is being sold for less than what is owed on the mortgage. Regardless even if the agent submits all the offers, the bank/lender will ultimately choose the highest offer (regardless if it's cash or not).  And it's also possible that the lender will counter the highest offer if it doesn't meet their percentage of the loan amount that they're willing to 'write off'.

Nov 18, 2010 01:58 PM
Matt Grohe
RE/MAX Concepts - Des Moines, IA
Serving the metro since 2003

Zanthia: This person may honestly believe they are acting in their clients best interests. Sounds like a knowledge gap situation.

Nov 18, 2010 01:59 PM
David Spencer
Keller Williams Northland - Kansas City, MO
Show Me real estate in Kansas City

Are you positive that this is a short sale and not a REO. I receive many cash offers on my REO properties, and it is not unusual to receive other offers before there is a seller signed agreement (may be a week). By law you are required to submit all offers until the seller says stop. The listing agent has the duty of notifying all buyers that there offer is one of many.

Nov 18, 2010 02:05 PM
Zanthia Hastings
RE/MAX Executive Realty - Charlotte, NC

Yes, it is a short sale. My experience with short sales taught me to keep accepting back up offers (with the signed addendum) until the bank tells me to stop.  BOA's equator system will actually allow you to upload four offers at once. 

Nov 18, 2010 02:19 PM