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Buyers as Investor Frauds

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Real Estate Agent

Buyers as Pretend Investors!

buyer fraudJust when you thought you've seen everything, heard everything, something comes along to make you shake your head with disbelief. The reason for this post is to warn other sellers & agents out there on what people are doing.

In fact, this is so odd, I don't know what the buyers mental state is or the purpose of what she is doing. The background story:  an investor purchased a few properties in the area cash & wanted to close fairly quickly.  That's not odd as most cash transactions are a little faster.


It was during Thanksgiving & the earnest money was due 3 days after acceptance & never showed up. (Clue #1)  I was assured that it's just lost in the mail with all the other holiday packages.  Well finally after 3 weeks I started to demand a check be dropped off (no mail) at my office immediately.  Well, I guess the time line on the contract was of no import to them & they mailed it regular mail.  (Clue #2)  The check literally looks like a kid printed it on scrap paper with 'someone's' name on the check not that of the investment company (Clue #3).  

Now we are only 7 days from closing and the sellers attorney is setting times for the closing itself.  The buyer will not return phone calls to their attorney (Clue #4).  Seems odd as buyers always think that the attorney is on their side - I can see why they might ignore their agent.  Agent on the buyers side is not so bright & never seems to have a handle on dates, etc.  (Not even calling that a 'clue').

Days go by and no one can contact the buyer for the closing.  Buyers attorney fires herself buyer fraudfrom the transaction (Clue #5).  We continue to schedule the closing so that we can sue for specific performance when, or if, she doesn't show up.

Now, this buyer has purchased another property that I know of so I decide to pull up the MLS sheet & contact the listing agent to see if her closing went through.  She tells me the story of my life here!

 

The buyer shows up to the closing but the funds never appear at the title company.  They wait 2 hours & decide that's it for the day until the buyers funds show.  Then the other agent gets a whiff of something & decides to call the hard money lender (totally legit) that said where the funds were at.  Sure enough, the buyer called them, asked all the right questions but NEVER did any of the paperwork. Lender is obviously confused as to WHY this buyer would sit at a closing table KNOWING that the funds aren't coming?


Well I'd have to say that too so let's call this Clue #6.  No funds, buyer sitting there for ????

So another part of the conversation surrounds the earnest money check ($5000) which bounced for the property & I have a $5000 check from the same account number.  You think the check is going to bounce - you bet (Clue #7).

buyer fraudI decide it's time for some super sleuthing & get on the internet & pull up this womens name.  She has a legit LinkedIn account showing she is employed & owns another real estate investment company but with a different name than she purchased my listing under.  Kept going with the Google results and here comes up an arrest record for this person showing writing bad checks, trying to obtain control of a property, resisting arrest. (Yikes it's Clue #8)

So again more Google results reveal that she has just been arrested in August 2015 in an adjoining county for probably the same thing but the reason for arrest is a little more obscure.

I take the link with the mugshot & send it over to the other listing agent so she can identify her.  Email comes back as 'yep' that's her so we now have a positive ID.  

My point of this post is that we have to start being so careful out there.  I guess from now on I will start doing my own background search on every buyer or seller that comes my way.  We could have saved both sellers a lot of heartache & time.  The other seller is in such financial straits they might go into foreclosure.

Have any of you had this happen?

I'm confused as to what this lady's end game is?  The sellers attorney said that people like this try to gain control of a property they don't own, rent it & run off with the security deposits & rents.  Then the sellers are forced to evict the people that they put in the place.

Any stories like this?

 

 

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  Lyn Sims    Schaumburg IL Area    Northwest Chicago Suburbs  ●  (847)962-7104
 
 
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Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Lyn-Sorry to see this happen to you and your client! Many flakes in the investment world, did she have POF in the offer submission? I would nearly always market for a backup until the contingencies where closed out. Would do a demand to perform form once the EMD does not show up on time as well so the transaction can be canceled ASAP.

Many time wasters in the investor crowd and sometimes not worth it to bring a civil case, but if they bring on too much aggravation and broke the law I would definately consider criminal charges. In your client's case you can with the bad check situation, that's your client's option.

Dec 19, 2015 06:42 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Pete:  Yes on POF with that lender letter guaranteeing 'x' funds.  $10K worth of bounce checks has to be at least a felony I would think.

Dec 19, 2015 06:55 AM
Joan Dickie
Keller Williams Premier Realty - La Crosse, WI
Keller Williams Premier Realty

Wow.  Just, wow.  People will go to great lengths to come up with ways to cheat other people.  You know, if these people would put that brain power to legitimate courses, we would all be better off, not looking for ways we need to defend ourselves.

Dec 19, 2015 07:07 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I think she's too stupid to understand her end game.  The investor scam I am aware of starts this way with no legit EMD, but a buyer getting out of their contract and demanding their EMD back immediately.  Apparently, some smaller companies are bullied by this scheme and send back deposits that haven't yet cleared.  

Dec 19, 2015 07:41 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I just had one like that also...I was lucky in that I found a new buyer and wwas able to get a cancelation from the first

Dec 19, 2015 11:34 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Chris Ann:  That could be true. There's not going to be any refund of EM that's for sure.

Bill:  That's what I was hoping for but now the sellers are so freaked out they took the house off the market for the holidays now.

Joan:  I agree. Seems elaborate but I still haven't figured out what the end game would be. Could find out more things months from now.

Dec 19, 2015 09:43 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Holy Crap Lyn,  What a scam!  Thankfully I have not experienced anything like this.  However, I do feel my second job in real estate is being a detective.  We need to do both ... at least I feel I need to do both to protect my clients. 

Dec 20, 2015 03:08 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

FEATURED IN CRAP-TACULAR

 

Mr. Crappy thinks this is crappy-crazy!

Dec 20, 2015 03:09 AM
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Lyn - Sorry that this happened to you and your client. Not really sure what the end game would be for this lady if she never actually purchases any of the properties.

I have heard of the scam Chris Ann wrote about, but the one by this lady doesn't really make any sense.

Dec 20, 2015 03:40 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

When I was first licensed as an agent in 1981, I considered myself a business saavy person.  However, the decades since then have presented me with a plethora of cases if not exactly like yours, have common threads.  I have learned the bazaar agendas of some folks simply don't compute to the average mind.  If it weren't for the fact that the vast majority of people we rub elbows with in our business were sane, ethical and above board, we'd be totally pulling our hair out!

I can remember a situation slightly similar to the one you describe.  The buyer came in with a cash offer.  They presented a large deposit, but it did not bounce.  However, about 10 days before we were to close, the buyer absolutely disappeared.  Finally, his daughter contacted me.   It seemed he had suffered a significant heart attack and was in the hospital recovering from emergency quadruple bypass.  That gentlemen with the aid of his daughter, worked from his hospital bed, to have his bank transfer the needed funds.  We did close on time!  

Dec 20, 2015 03:43 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Kathleen:  Well I figure that if she is doing it here, there are others out there that are doing the same thing. I guess we have to be more careful that's for sure.

Troy:  Not sure if I will ever know but at least she did not get into my listing.

Myrl:  That seems logical but she did not close on the 1st purchase & mine is now schedule for this Tuesday. She'll be in default then but to what gain? She did bounce 2 $5K checks though - I think that would have a stiff fine.

Dec 20, 2015 04:11 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I've never had anything like this happen, knock wood!  But, if the earnest money deposit bounced, then how was escrow even opened?  

Dec 20, 2015 12:19 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Carla:  In IL we are an attorney state so it works differently. I've never had this much drama receiving an EM check before so by then I was already leery of the buyer.

Dec 20, 2015 08:39 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Wow ... just ... wow, Lyn Sims.  To go to such lengths makes no sense really ...

Gene 

Dec 22, 2015 03:10 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Gene:  Hate to spend any more 'mental time' on this but you have to wonder what the outcome was so we can prevent it in the future.

Dec 22, 2015 08:21 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Lyn:

Yikes, that's pretty scary. It's amazing that someone would go that far, but perhaps they have gotten away with it more than once. The lack of deposit in a timely manner is a big red flag, and normally here funds are wired. I think we have to be careful to verify and re-verify if there are ANY suspicions at all.

Jeff

Dec 29, 2015 08:39 AM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

Well I'm beyond confused. Wasting the very valuable time of so many people....for WHAT?  Insane.

Jan 11, 2016 12:27 AM
Cindy Edwards
RE/MAX Checkmate - Johnson City, TN
CRS, GRI, PMN - Northeast Tennessee 423-677-6677

Nothing worse than wasted time and frustrating situations.  Sometimes you have no choice but to go through them, none the wiser.

Jan 16, 2016 03:58 AM