Well hello there, look out, I now have a published outlet for my thoughts, this may, or may not be a good idea. I guess we will find out.
I will say this, I am a straight shooter and I only speak up when I am sure about what I am saying, so you won’t get any fluff, just thoughts on the world of real estate.
Here is one to start, and there is a link to an article that gives a lot of weight to how I suggest to my sellers, how we handle and proceed with the short sale of their home.
I suggest keeping the transaction very clean, and as open book as we are allowed to when it comes to offer, contracts, and back-up offers. We only send up one contract at a time to the bank for approval of that contract. The banks look at these on a case by case basis, or should I say on a contract by contract basis. What I mean is they are there to approva a contract, not choose the contract that they will look at to approve. Last time I checked, the seller still owned the home in a short sale, not the bank. So therefore the bank does not have the priviledge of choosing which offer to sign into a contract. That is the sellers right, just because it is a short sale doesn’t mean that the bank now all of a sudden is a party to the contract, or principal. The buyer & seller are the party’s and/or principals in a contract to transfer real property. Oh no, I’m starting to sound like a lawyer, and we can’t have that can we……
The reason I bring this up is you would be amazed at how many times I get into heated discussions with buyers agents that argue with me that we are obligated to send all offers up to the bank for approval. The seller is not obligated to do that, now am I. I have a
Fiduciary obligation to the seller, not the bank, and I am to look out for the seller. Did you know that if you send up multiple contracts to the bank, you can have a file assigned to a separate negotiator for each contract… those are eggs you just can’t unscramble, or the timeline resets, which means you will never get it approved, and my favorite, it is just bad business. More on that in a second, first, did you notice the word “contract” vs. “offer”? The experienced short sale agents did. See the bank will only look at a signed contract, not an offer, and not a back-up offer, even if that is signed in as a back-up contract. Remember what we learned in Real Estate 101… we can only have one signed contract on a property at a time? My mind start to swim with all of the troublesome scenarios that agents could get themselves into if they mess that rule up. So logically, you can only have one contract, so you only have the one contract to send up to the bank. Yes I know what the NC Short Sale Addendum says… it say, “may” The Seller “may” continue marketing and entertaining other offers, and send them to the bank…. But when I explain that the bank will only look at a contract, and that you can only have one contract on a property and one time, that kind of makes it very clear the path to take.
Now back to the bad business comment. My duty is to the seller to do the best that I can to get this approved and closed for them. I like to have a good long conversation with the buyers agent on the front end going over if the buyer has the physical time to wait, as well as the personality to be able to wait. Also going over the one contract to the bank philosophy, and my weekly communication to the main contract as well as any backup offers of contracts that we may have. It gives the buyer’s side a feeling of confidence, not just in me and that I know what i am doing, but in the transaction, and with continued communication all the way through, you will have a buyer that will stick with you through to close. The bad business part is this. Lets say you have a good buyer, they’ve been waiting now 7 weeks, and the file is just about ready to be sent out for approval…. and another offer comes in that is $5000 more. Lets just say an agent were to have the seller sign that, after all the seller is protected in item 2 of the short sale addendum, sign it into a contract and sent it to the bank. What contract do you think the bank is going to take? The one that has more money in it, even if they were going to accept the 1st one. What happens to the buyer that was ther for 7 weeks…. They promptly tell them that they will never look at another short sale, and guess what, the agent will never show another short sale, and will bad mouth you and short sales all over town. And guess what, when I hear about an agent that does that, that late offer always falls through and their deal falls apart. How’s that for looking after the best interest of the seller? What they should have done, and what I do is, keep pushing that main contract through to approval, and if that buyer can close, great, if not, you have backup offers that you can go back to. That’s the smart way to do these. I always have said, that the only difference between a short sale and a regular sale is the length of the closing, be smart and think. Then short sales won’t have such a bad rap, and we can help these sellers out of a tough spot.
I took the CDPE course this past summer, and I wish it had been there when I started doing short sales back in 2006, I highly recommend it, and it covers a lot of what I just typed out above, plus a whole lot more. It went over all of the things that I had to figure out along the way. But he had to do the same thing I did, figure it out in order to put together and teach a course, so the course couldn’t have been there. I highly recomend it for anyone who has short sales as part of their business.
Well here’s to my first post, and here is that link I was telling you about. It is a good read, but if you follow it to his website, he is a bit on th negative side, so be forewarned.
You can always search the MLS in the Greater Raleigh & Research Triangle Park on my website www.HomesInTheTriangle.com
Until next time, keep your mind focused on what you want, not on what you don’t want.
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