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Paying Up Front to do a Short Sale

By
Real Estate Agent with Realty Executives Platinum

Las week I went to a class offered by our local title company regarding short sales.  The class was only 1 hour long and although I know there is probably not much anyone can teach in one hour regarding short sales I decided to take the time out of my busy schedule to attend.

During the "class" the "instructor" did have a few good points for beginners - I was actually surprised of all the good points she was able to squeeze into the first half hour and I was impressed she was able to keep the class under control and not have questions every two minutes.

Then she said something that really bothered my - and I spoke up because I felt what she was saying was wrong - so I wanted to present it to those of your who also work short sales. 

The instructor said that once you have an "offer" do not present any other offers to the bank even if they are higher then the first offer.  I did not agree with this because on all of my contracts I always write subject to lender approval.  My believe is that even though it is a short sale we still have the fiduciary responsibility to the seller - and especially with the potential tax liability to the seller.  Am I wrong to submit all the other offers as they come in?  This is what I have done in the past - is this a mistake on my part - or the laziness of someone who does not actually care about the seller?

The instructor rubbed me wrong on another point.  This class was basically a way to get agents who know nothing about short sales to take the listings, pass them to this company and pay the $500 upfront plus 25% of your commission. 

I had no problem with the 25% referal but I had a HUGE problem with the money upfront because when I asked the question if they seller did not qualify for the short sale would they get their $500 back they said "NO".  I felt this was a scam to get money from desperate people who have no hope and will try anything. 

I would love some feedback to see what you guys think!

Comments(6)

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Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes
Agree with you. This concept of up front money rubs me the wrong way too. Would run.
Sep 18, 2007 06:00 PM
Debbie Small
Long & Foster Realtors - Martinsburg, WV
REALTOR
I never heard of anything like this. Run...don't walk away.
Sep 18, 2007 06:17 PM
Donna Oehler
Realty Executives Platinum - Palmdale, CA
A.V. Foreclosure Specialist

I have seen it before - but I was a little upset that our title rep was pushing it - I am hoping he did not realize she charged the upfront fee when he allowed her to speak - although I think he was a little mad at her because in the middle of her talk she said "You can use the services you want - you do not have to use this title company" 

I thought that was not to cool. Our title guy is a great guy who offers a lot in training  and of course he would like to get business from it.  I can understand her wanting to get the point across that seller can select services but she specifically called out the name of the title company. Not cool in my book.

I just hope people realize that they should not pay to get someone to help that if they can not guarantee success or at least refund their money if they can not help.

Foreclosure are a nation epidemic and all kinds of "experts" are coming out of the wood work to steal money and pray on the less fortunate.

Sep 18, 2007 06:27 PM
Tracy Nicole Hamilton
Elk Grove, CA
Realtor - Elk Grove CA, Sacramento, CA

Donna,

It is illegal to charge upfront fees for "Foreclosure Consulting".  This company's services would fall into this category.  I can't quote the California Code but I definitely remember it is illegal.  They can not charge for services yet to be rendered.

Sep 18, 2007 07:03 PM
James Gordon
Sibcy Cline Realtors® - Cincinnati, OH
REALTOR, PBD SFR SRS
Donna that had to be great - A one hour sales pitch for something you should be doing yourself
Sep 18, 2007 11:40 PM
Tracy Nicole Hamilton
Elk Grove, CA
Realtor - Elk Grove CA, Sacramento, CA

Donna,

I stand corrected.  If this company is not directly representing the clients then NO they are not in violation of any law.  If it is arranged that you "outsource" your short sale processing to this company they can set their fee structure however they like.  It is when you take money from the seller (wonder if the buyer is included) that it is illegal.  Just want to correct my previous post.

Sep 19, 2007 11:01 PM