John Meussner, #MortgageMadeEasy Walnut Creek, CA 484-680-4852 (Mason-McDuffie Mortgage, Conventional Loans, Jumbo Loans, FHA, 203(k), USDA, VA,)

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Rainmaker
814,799
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Buyer is a crafty liar. Buyer has no plan to live up to the contract terms.

Buyer's agent is subject to professional censure and, perhaps, loss of license because the agent is complicit in the preparation and presentation of a fraudulent contract.

As a listing agent, I would advise my client to decline the offer from a liar - actually two liars - because what starts badly is likely to end badly.

If I have proof of the deception, I would file an ethics complaint with my Board or file a complaint with the Department of Real Estate or both.

Nov 17, 2020 04:14 PM
Ambassador
3,095,264
Anna Banana Kruchten CRS CRB, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

I had to laugh about the number of times I've seen this shady action during the days of 07 to 10 when every investor (or not investor) was trying to buy up a lot of homes.  Cash.....right?  Proof of funds - as in real proof of funds buster!  Gotta smoke em out.   As for the buyers agents....not wise.  I was always LA so no way will I let that get by me.

Nov 17, 2020 04:57 PM
Rainmaker
145,768
Shayne Stone
Champion Real Estate Group - Missouri City, TX
"Your Rock Solid Choice Realtor"

 To me that would change the whole structure of the contract! There is a difference between a Cash Offer and Finance... So I would say Shady on part of the Buyer's Agent trying to misrepresent the Buyer's intent... 

Nov 17, 2020 03:40 PM
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
There's no place like home.

In our region our contracts allow us to call it a "cash offer", but with the right to get financing.

But we are upfront about it.  Our contract is not contingent on our ability to get a mortgage... even though we're getting one.

Nov 17, 2020 04:43 PM
Rainmaker
1,322,268
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Is it a wrap loan?  Or is it someone who offers cash and then 3 days in changes their mind and goes for a loan?  Out here in Cali the seller is under no obligation to accept the new terms (per CAR legal).  Had something similar happen once when a conventional loan turned FHA because they couldn't qualify conventional.  Cash usually gets preferential treatment over loans, sometimes better terms or it just gets their offer accepted.  Might be time to renegotiate the contract and I'd likely have little trust of either party going forward.

Nov 17, 2020 10:44 PM
Rainmaker
649,615
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

Definitely shady. It is a legal contract they have written, legally they have to come up with the cash. I wouldn't trust the agent to do a deal with again. S/He is suppose to be advising his/her clients what they are doing is not according to the legal contract they have written.

Nov 17, 2020 06:43 PM
Rainmaker
2,920,690
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

The listing agent could vet this out with due diligence before the seller accepts the offer. 

Buyer and the agent ... beyond shady. 

 

Nov 17, 2020 05:35 PM
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Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Can they move forward without a loan?

There is no financing contingency for a cash buyer, and they need to show proof of funds that they can close without financing! Did they and can they?

The buyer could pay cash but can also take a loan as long as it did not cost the seller anything. As a listing agent, I would want to know!!!

Nov 17, 2020 04:29 PM
Rainmaker
795,134
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

SHADY

For the listing agent:

Be not overcome with evil, but overcome evil with good.

Romans 12:21 KJV (Listing with the Lord edition)

Nov 17, 2020 04:01 PM
Rainmaker
3,095,035
Brian England
Vacasa - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

That is definitely shady, the old bait and switch.

Nov 18, 2020 03:47 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

As long as they want to take the risk of not including a financing contingency, and they are sure to have funds at closing I am okay with it.

Nov 17, 2020 10:07 PM
Rainmaker
1,649,532
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, Blackstone Realty Group - brokered by eXp Realty - Kalispell, MT
The House Kat

Anyone who lies on an offer is shady (at a minimum, I'd use stronger words).

End of story.

Nov 17, 2020 05:56 PM
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Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

Tricky-tricky! No treat for the buyer who must close on time without using the financing/appraisal deadline. Why even do that?

I was the listing agent on a transaction where the buyer was going to get a loan - then pay cash - then get a loan again. It closed on time and all parties were happy.

Nov 17, 2020 05:51 PM
Rainer
285,034
Caroline Gerardo
Sun West Mortgage Corporation - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

Shady. Buyer can refinance right after close and get same product. Listing agent will find out when appraiser calls, and lender starts asking title/escrow/attorney for paperwork. Seller may have nominal more costs with a loan.  

Nov 17, 2020 04:38 PM
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Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

Dishonest and shady.  

Nov 17, 2020 03:51 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

If there is no proof of funds by date in contract *and there is one with a cash offer, we'll send a cure notice, if they can't seller can terminate.

Nov 17, 2020 11:25 PM
Rainmaker
908,905
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

No matter the side I'm on,  it's either a cash deal or a financed deal. End of Story. Soooo...SHADY

Nov 18, 2020 01:39 PM
Rainmaker
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Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

As we have to have proof of funds for cash or approval for the mortgage, it would be difficult here.

Nov 18, 2020 04:58 AM
Rainer
94,506
Ken Jones
Kenneth Jones Photography, Ltd. - Toms River, NJ
Real Estate Photographer & Videographer

John Meussner If the buyer's agent had knowledge of this and withheld that information from the listing agent and/or the seller, that buyer's agent is complicit in fraud and should have their license revoked, in addition to any other civil liabilities they may suffer.

This isn't anything new. There are several instances of this same type of activity for decades.

Nov 18, 2020 04:16 AM
Rainmaker
603,671
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

Shady for sure but not necessarily a deal breaker.  Our goals is to get our listings sold and leave our ego and hurt feelings out of it.  Not looking to end a legitimate offer even if the buyer and their agent deceived us as long as they can close on time and the terms are still acceptable.

Nov 17, 2020 06:08 PM
Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

The 'shady' is in the intent.

If they decided they wanted to change and could demonstrate to seller that it will be transparent and seamless, and seller approves it . . . fine.

But this sounds like it was designed to deceive for an 'upper hand'.

I'd reject outright.

I'd reject outright.

Nov 18, 2020 07:26 AM
Rainer
341,330
David M. Dwares
Title Professionals Corp. - Fort Lauderdale, FL
Title guy with a broker license

Not shady, they are making an offer without a financing contingency.  The Buyers are risking their deposit if they default.

Buyers with financing contingencies don't always close and often times tie up a property while a less than honorable mortgage person keeps requesting extra time and then ultimately issue a loan denial.  To me, that is more shady.

Nov 18, 2020 05:48 AM
Rainmaker
837,815
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Invalid question.
The question is presented and biased to imply deceit.
The reality is, BUYERS do have choices that are often affected by the situation of the property AND/OR information revealed later regarding their options. (financing is less expensive than liquidating holdings during that 60 day period)
The only thing really in question here is the professionalism if the agent representing the SELLER. 
The prime objective of the listing agent is the PROTECT THEIR CLIENT.
What can go wrong with a cash offer?  It is the listing agents job to know what can go wrong and PROTECT THEIR CLIENT.
All cash offers are shady when someone fails to do their job.

Nov 18, 2020 05:22 AM
Rainmaker
3,756,620
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

It is shady if the buyer's agent has knowledge. Hopefully the earnest money deposit is large. A possible grievance could be filed at the board by the seller or the managing broker of the listing office.

If the seller's agent has knowledge, he should advise his coustomers that if they proceed they should require a large deposit and make the closing date time is of the essence.

The problem occurs when the buyer gets a mortgage but may miss the closing date by a few days. Equity abhors forfeiture and liberal judges may forgive the buyer.

Nov 18, 2020 04:20 AM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I can think of a few words besides shady that apply here to the buyer and the buyer agent.

Nov 17, 2020 07:46 PM
Rainmaker
770,936
Peter Mohylsky. Beach Expert
PrimeSouth Properties - Santa Rosa Beach, FL
THE BEACH IS OPEN

How do you really know they are intending to use financing? How well do you know your clients?  I would not want to second guess anyone.  

I can't really make a judgment without knowing the personalities.  I am not really convinced that cash is king these days.  Sellers for the most part are interested in getting top dollar for their properties and the idea of a quick close for a low cash offer might not be of interest.  

Nov 18, 2020 07:24 AM
Rainmaker
4,485,026
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Definitely shady, and we do see it often, especially when there are multiple offers.

Nov 18, 2020 07:06 AM
Rainmaker
588,325
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

NOT shady...read the contract...what does the small print say?

In Florida the contract (line 82) does allow the buyer to claim to pay cash and at the same time go for financing.

The difference is that there is then no contingency.

Eve

 

 

Nov 18, 2020 06:55 AM
Rainmaker
1,639,593
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

I used to know agents that did this & our contract was re-written so this didn't happen. Also where is the POF? They won't be in the bank but they could be.

Still to me it's not honest on the part of the BA. This is why LA's need to be on their toes.

Our contract asks multiple times - hey where's that money at now? Are you going to still get a loan? It is written a few different ways.

Nov 18, 2020 06:09 AM
Rainmaker
484,939
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

In our state, if there is a change to the financing terms, the seller needs to accept them. The buyer's agent should have written the offer as a financing purchase. Failure to do this is being dishonest and can open the agent up to disciplinary action if he/she knew.

Nov 18, 2020 01:19 PM
Rainmaker
6,040,131
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Bad advice. They will need to comply with the terms of the contract.

Nov 18, 2020 08:57 AM
Rainmaker
785,052
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Depends on what you mean by "financing". If it's a traditional mortgage loan, then it's not cash and the issue will be exposed. If it's a borrowing from a line of credit, say a home equity line on another property (or some other kind of unsecured line of credit) and then using that cash to purchase a home, then it's cash as far as the seller is concerned. So, please clarify what the proposed deal entails.

Nov 20, 2020 08:52 AM
Rainmaker
1,063,074
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

I would say that 95% of my offers are structured that way although not before confirmation that "cash" is on hand to close if need be. By the same token where financing is necessary the offer will state "subject to financing".

Nov 19, 2020 08:26 AM
Rainmaker
804,188
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Shady, but contracts vary by state. Cash offers should include a bank statement showing they have funds in their account(s).

Nov 18, 2020 03:13 PM
Rainmaker
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Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

That's beyond shady. Just sayin' (both as a listing and a buyer agent).

Nov 18, 2020 10:33 AM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

How people perform as long as they perform remains the end result

Nov 18, 2020 10:22 AM