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Fear of 'Fraud" is Ruining TOO Many Workable Transactions

By
Real Estate Technology with http://www.medicalandspaconsulting.com

It keeps getting harder and harder to get shorts sales accomplished. It is especially difficult with investors even though they are paying cash in most instances.  Investors are more than one-third of current transactions do it does not behoove the industry to make matters more difficult for them.

 

Lenders have certainly made it more difficult for investors with restrictions in reselling, re-listing, marketing, etc. However, now the listing agents and their brokers are injecting personal feelings, emotions, and LEGAL opinions into the mix and this is REALLY hurting the industry.

 

Earlier today, I was on the telephone with a listing agent in Florida. I was on the call as the attorney for an investor/buyer with cash.  This agent explained to me that she does not so “investor” deals.  I explained to her that this is distressed real estate and she cannot afford to maintain this position. WELL!!! Missy Miss advises me that she does $20M a year in production and does not need to do investor deals!  Folks, this lady would boo a cure for cancer.  Could not have been more negative, condescending and arrogant.

 

My response to this verbal diarrhea was that she accepted a client and has a duty to the client.  He position necessarily violates that duty.   She then explained that her broker told her not to accept investor deals. OK, a new wrinkle.  She stated that attorneys told them not to participate in them because they might lose their licenses.  I advised her that NOT participating in investor deals and presenting all offers, FAIRLY (without sabotaging them) could cause her to lose her license!!!

 

Ladies and Gentleman, this is really getting out of hand. Not all investor deals are fraud. A small fraction of them are. Do we judge ALL attorneys and ALL real estate professionals by the bad actions of a few??  There is NO place in the real estate market for the injection of personal feelings and emotions into the process.  This listing agent was clearly sabotaging the deal because she “didn’t like it”.

 

I then decided to review the foreclosure status online.  The foreclosure is 2 ½ years old and getting close to sale.  I asked what the status of the property was and the listing agent told me “pre-foreclosure”.  PRE-foreclosure??  Honey, this property is half way to gone!!  Did she not know the difference??  A willing buyer, with CASH, told her that there is not a good fit – and it was not because of price or terms, it was because of her!!  Investors need love too!!! LOL

 

Paddy Deighan JD PhD http://www.homesavers.pro

Comments(21)

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Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

That's qiute a story

Do you really think her broker told her to say not to do investor deals? Maybe she didn't understand the question. Or maybe you should have just asked to speak directly with the broker and set them straight.

Wow

Jul 20, 2011 11:22 AM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

I wouldn't say that it is illegal, but it definitely violates her duty to her client.  She is hiding behind her borker who tell her that it is fraud....when they have not even seen the contract yet

Jul 20, 2011 11:23 AM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

pacita, I ahve been talking to brokers for many hours every week.  They gace become fearful and risk averse - to the point where they are no breaching their duty to their clients. Their fear of fraud is creating liability to their clients

Jul 20, 2011 11:24 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Any agent or broker who can't identify a buyer attempting a fraud should just return their license.  HA!  The property will simply go to foreclosure and then an investor will buy it. 

Jul 20, 2011 12:21 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

Lenn, I acutally had a situation in which the listing agent was on board but the broker nixted the deal....my client stated, "fine, I will go buy it for less at foreclosure sale" and that is what he did!!  Frightening this is that they nix the deal before they even see a contract!!

Jul 20, 2011 12:29 PM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

I think they run things differently in Florida than they do in Nevada but here is what I say............

Let it go into foreclosure and if the numbers work, snatch it up at the trustee sale auction!

I see you said the same thing above in comment #6.  Why get worked up about silliness? There are a bunch of other distressed homes all over the nation to let an agent get to you!

Jul 20, 2011 01:16 PM
Janet Larsen
REMAX Community - Sicklerville, NJ
Don't Just List Your Home, SELL IT!

Well said! 

Jul 20, 2011 02:24 PM
Karl Falk
Summit Mitigation Services - Monument, CO
Summit Mitigation Services

put some cranial rectosis with that verbal diarrhea!  An agent that advises their seller to let it go to foreclosure over accepting ANY offer should lose their license.  in the world of negative equity its not about the amount, its about getting the property closed and out of foreclosure.  Great post.

Jul 20, 2011 02:53 PM
Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA

That was an interesting post. . . you are right of course.  :)

Jul 20, 2011 03:08 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Paddy - Being unwilling to deal with any investor just doesn't make any sense.  I believe in limiting liability; it's just that this isn't the way to do it.

Jul 20, 2011 03:16 PM
Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change
Paddy, if she's a Realtor, the code of ethics would deem that she cooperate with other brokers and put her client's interests first. I suggest you file a grievance so she can re-educated.
Jul 20, 2011 05:30 PM
Maya Swamy
Funds Available - Long Beach, CA
Ph.D. Long Beach, CA - fundsavailable.com

In fact it is not the role of any agent or broker to nix any deal whether it is an investor or not. We do not have a power of attorney from the seller but an agency. The agency makes it our duty to market the property, obtain offers, present the offers to the seller and advice on acceptance or rejection. We do not accept or reject any offers and present all offers. After the contract is signed it is then our duty to manage the contract to make sure all conditions are fulfilled and the deal closes. That is it. The end of our power and the extent of our responsibility

Jul 20, 2011 06:46 PM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional
Are we getting the whole story here? I never like posts that suggest an agent has an obligation to "their client," because unless you are a party to the listing agreement you cannot know what those obligations are and that you should never assume. I would simply have called the broker.
Jul 20, 2011 11:33 PM
Tni LeBlanc, Realtor®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879

Wow.  Well the banks are flim flamming people every day and have most real estate agents confused about their duties to ther own clients.  I'm writing on a related theme in a new post now about Bank of America and dual agency.  I hope you take a look and comment on it when I post Paddy.

 

Jul 21, 2011 12:14 AM
Keith Lawrence
Christie's International - Mahwah, NJ
ABR, SFR

You are correct Paddy

Only a handful of investors such as double closer that we will not do business with.  Double closer typically want the listing re-assigned to them instead of the homeowner so you can say no to that transaction.

 

Also, taking a listing on a house that is not the homeowner we stay away from unless it is an estate sale.

 

Good post

Jul 21, 2011 12:49 AM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

I'm finding the same is true here in NJ.  I believe investors are key to the housing recovery, and should be encouraged.

Jul 21, 2011 01:44 AM
J. Philip Faranda
Howard Hanna Rand Realty - Yorktown Heights, NY
Associate Broker / Office Manager

Present all offers and advise the client. But this ad hominem executive decision without even presenting to the client is clearly an ethical problem for this agent, especially with a distressed property. Call the broker/manager!!

Jul 21, 2011 01:48 AM
Ellie Shorb
Compass Real Estate - Chevy Chase, MD
Realtor DC, MD & VA Luxury Home Expert

Congratulations on the feature. I also was interested enough to follow along and read all of the comments you have garnered so far. This is a hot topic.

Jul 21, 2011 03:46 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Let's see if I have this right;  the banks don't want to make a short sale, nor will they make the housing more affordable (with money from the taxpayers), and now the listing agents/brokers are saying they will only sell to people who are going to occupy the home. But only investers seem to have money to buy.  Looks like a program to keep any houses from selling.

Jul 21, 2011 05:21 AM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

I agree with all of you...after a lengthy discussion, Missy Miss and her $20M a year production did say that she would forward any offer to the seller. Why bother?? She is going to put such a negative spin on it that they will not accept it. As I mentioned, the home is 2 1/4 years into foreclosure in Florida. The clock is ticking.  I submitted the offer directly to the foreclosure attorney (I am a foreclosure attorney with the same lender). She will tender it directly to the bank and if is accepted, missy Miss will still get a commission and perhaps that will change her mind about investor deals.

Jul 21, 2011 04:00 PM