Here's a Buyer Who Cut Out the Short Sale Listing Agent

By
Real Estate Agent with RE/MAX Gold DRE #00697006

sacramento short salesIt doesn't astonish me how many scams are being run in Sacramento short sales these days. From agents trying to double-end and double-escrow short sales to those who collect huge front-end fees that are against the law, the scammers come out of the woodwork when people are hurting -- seems to be a law of the universe. You've got to be careful when you select a Sacramento short sale agent.

But here's a story about a guy buying a short sale who cut out the listing agent. He went directly to the bank. I couldn't tell from the article why the listing agent refused to present his offer, but it sounds like it's possible the agent was flipping the home.

Just for the record, I always try to get my Sacramento short sale sellers the highest and best price. If I receive a second offer after the first offer has been accepted and submitted, I send that offer to the seller and ask for direction -- should I send it to the bank or not? If the accepted offer contains no verbiage prohibiting the submission of a second offer, the seller is generally permitted to submit a second offer, if the seller so elects.

You've got to ask yourself if such an approach would work on a Sacramento short sale? Cutting out the short sale listing agent? First, the buyer's agent couldn't do it. That would be interfering in another agent's transaction and against the Code of Ethics if a buyer's agent sent an offer to the bank, around the listing agent. But could a buyer do it? Hey, there is a place in Equator to submit multiple offers for Bank of America short sales. Just sayin'. Short sale buyers might have more power than they think.

Photo: Big Stock Photo

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elizabeth weintraub

 

 

Weintraub and Wallace Realtors

 

 

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments (10)

Vic Mariano
Keller Williams Integrity First Realty - Mesa, AZ

Interesting, it makes me want to ask a lot more questions...

Jan 03, 2011 03:29 AM
The Stewart Team - Abdon Stewart NMLS 213207
AmeriFirst Financial Inc NMLS 145368 AZ BK #0013635 Equal Housing Opportunity - Peoria, AZ
Real Professionals Helping Real People

This is very interesting. I would imagine that the buyer that did this was very savvy though. Negotiating through a short sale with a bank isn't always the easiest thing to do. Great post

Jan 03, 2011 03:30 AM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

As I have always said Elizabeth, with short-sales, the bigger the circle of light, the larger the perimeter of darkness:-)  

Jan 03, 2011 04:32 AM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

You have posed a question I have wondered about. . .If a short-sale listing agent considers their client only the seller, and not the bank.  Then would having an unrepresented buyer going directly to the bank, be interferring with an agency relationship?  

Jan 03, 2011 04:37 AM
Elizabeth Weintraub Sacramento Realtor Top 1%
RE/MAX Gold - Sacramento, CA
Put 40 years of experience to work for you

Hi Myrl: The bank can't sign an offer; only the seller can sign the offer, so the buyer would eventually need to submit an offer through the listing agent to the seller. Whether the listing agent operates in dual capacity would be between the listing agent and the buyer.

Jan 03, 2011 10:10 AM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

I realize the bank doesn't come into the picture until buyer and seller are in agreement with an offer.  However, the bank can throw a very big monkey wrench into the transaction if another buyer is going around agents, and directly to the bank.  Because short-sales are written subject to bank approval, they are a very important third party with an interest in the property. At the end of the day, a buyer and seller can't close a short-sale without the bank's participation, no matter what the buyer and seller have agreed to.

Jan 03, 2011 10:32 AM
Elizabeth Weintraub Sacramento Realtor Top 1%
RE/MAX Gold - Sacramento, CA
Put 40 years of experience to work for you

But the thing is Myrl, the agent and the seller don't really care who buys the home as long as it's the highest price the seller can get. If a buyer wants to go to the bank and speak with the negotiator, I don't have a problem with that. We all want the same end result, for escrow to close at the highest amount we can get. So there would be no monkey wrench. Maybe an unhappy first buyer but what the hey.

Jan 03, 2011 10:39 AM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

Elizabeth - Does the seller really care at all what the price is?  All they likely want to do is get out from under the responsibility of that upside-down house.  I think it is as you say, a combination of things, which comes together to make an offer "Just right."  Because ultimately, the bank will need to do a  yay or a nay.   I wouldn't encourage any serious buyer to go to a bank directly.  Heck, if they knew what agents for buyers and sellers go through to get banks to settle on a short-sale, their brains would probably feel like they had been spun in a centrifuge:-)  But there may be a few unenlightened souls which would try.

Jan 03, 2011 01:32 PM
Elizabeth Weintraub Sacramento Realtor Top 1%
RE/MAX Gold - Sacramento, CA
Put 40 years of experience to work for you

Yes, Myrl, the seller does care to the extent that the seller doesn't want to sit in escrow for 2 months only to find out that the bank won't approve the short sale because the price is too low. Also, to the extent that the seller might have to pay taxes on mortgage debt relief, depending on the situation.

 

Jan 03, 2011 01:39 PM
Andi Grant
310-508-4354 | FirstTimeHomeBuyerRealEstate.com - Los Angeles, CA
Helping 1st time buyers and home sellers in LA!

Elizabeth, how interesting!!  I have to admire the tenancity of the buyer in the article. 

Re the post discussions of buyers/non-Realtor agents going directly to banks, I get what Elizabeth is saying.  The seller still has the INITIAL say as to whether or not they will sell it or stay and continue to pay the mortgage.  In this particular case, the tenacious buyer in the article would've never gotten the house if the seller decided not to sell after all.  It sounds like this particular seller's agent was busted for not presenting reasonable offers to the bank who has the FINAL say.  I wonder if he/she are still practicing because that is clearly unethical and a breach of fiduciary duty to the seller.

GREAT POST!

 

Jan 11, 2011 05:18 AM

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