Special offer

Don’t buyers have any rights?

By
Real Estate Agent with RE/MAX of North Orange County

Almost all of the offers that I have been writing these days are for bank owned foreclosures (REO). I've noticed that one of the ways the listing agents are sifting out some of the multiple offers (that sentence alone indicates how hot the market is right now) is by making the potential buyers jump through a lot of hoops. I still remember the look on the face of one of my colleagues when I discussed the fact that there were 70 offers on a property and the highest bids were about $70,000 above the listing price. I had a buyer that was interested in making an offer but he backed away when he heard how many offers were on the table. My colleague (and the 68 other agents) on the other hand had to go back and tell their client that the listing agent was just wasting everyone's time by pricing the property so low.

Recently more and more of the REO listings are requiring buyers to get cross pre-qualified with a representative from the bank that owns the property. Is it really fair to the buyers to have to go through the pre-qualification again and again? I even had one bank tell me they will actually run my buyer's credit again even though I already provided them with the credit report and the 5 page loan application! I had another one recently tell me they will not provide loan qualification until we have an approved offer, but the listing agency wouldn't even submit the offer without a pre-qualification letter from that bank??? The listing agent and the bank are still trying to figure that one out. Meanwhile my client's offer is still sitting on the desk of their transaction coordinator and it still hasn't been submitted. Don't these banks want to sell the property? Sometimes I feel they just want an agent who is willing to put together the most complete package rather than the one with the highest offer. Luckily for my clients, they have an agent who has been through this process several times recently and I can attest to the fact that acting quickly and providing a complete package when submitting the offer seems to increase the chances of getting our offer accepted dramatically. And good luck getting a response. The agents are not available by phone for an update and I'm still waiting for any kind of response for more than a week sometimes. That's being said, I still have several clients enjoying their first home at prices they never thought they would see in North Orange County.

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Bill Brannon
Beach Bum Productions - Hilton Head Island, SC

The simple answer to your question is NO!  Until the banks realize the buyer and you are doing them a great favor, they will continue with this holier than thou attitude.  At some point, they will get so many foreclosures, they will wise up and see who their friends are. 

Before we start doling out billions of bailout dollars to the banks, we should make them get a little more agreeable with getting rid of foreclosures and short sales.  Not likely to happen.  Banks are a true case of wanting your cake and eating it also. 

At least you are writing deals.  Just be patient, cool, calm and collected.  They will come around at some point and your will get it closed and paid.  I am closing a deal tomorrow that has been 12 weeks in the works and the buyer was willing to close in two weeks from the date of contrct, but the bank said they could not do it.  Go figure.

Nov 19, 2008 05:55 AM
Konnie Mac McCarthy
MacNificent Properties, LLC - Cobb Island, MD
Broker/Owner - VA & MD "Time To Get A Move On!"

70 offers..??  holy cow...we have that happening here, and what is happening is the people with money, (The investors) are buying up everything...these poor owner occupants, don't have a chance...

Nov 19, 2008 06:08 AM
Erik Hitzelberger
RE/MAX Alliance - Louisville REALTOR-Luxury Homes - Louisville, KY
Louisville - Middletown Real Estate

The cross pre-qualification is really annoying to investors.  Some people are having their credit checked so often that it is going to soon be an issue on their reports.  If buyers want to complete with investors they need to be pre-qualified and serious.

Nov 19, 2008 07:29 AM
David Slavin
Keller Williams Premier - Katy, TX
CDPE, ABR, SRES Keller Williams Premier

The REO I'm working right now locks the buyer into much more than the possibility to loose the EM.

Nov 19, 2008 09:05 AM
Tim Storm
Fairway Independent Mortgage Corporation - Irvine, CA
Orange County FHA and VA Home Loan Specialist

It is frustrating to have a buyer who I already have Preapproved have to also get approved through another lender. I've found if I call the loan officer directly and let them know I already have a complete package on the buyer and we've approved it, then (with the permission of the buyer) I can forward the package to the lender and they will typically approved it without running credit or even talking to the borrower. There are exceptions but generally this will work. Of course if there's 70 offers then you've got other hurdles to deal with.

Mar 15, 2009 07:14 PM