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Ingrid N.Property ManagerPassaic, New Jersey |
Hi, I am considering putting an offer in on a home in FL that is listed for $120K as a short sale. The property was previously listed for $160K with no bites. In reviewing the tax and owners records no Lis Pendens appears to have been filed but I've been told by my realtor it is a short sale. I was told that the process to obtain an answer or counteroffer would take 60 days. The realtor also told me that the offer would be handled by a " short sale company" who specializes in negotiating short sales with the lenders. For this service, the seller pays a portion of the " fee" and I would be responsible for the balance (I'm told $1,000). I am hesitant about this as I've never heard of a fee being charged in these situations. Is this something new?? I googled short sales and did find some sites that listed short sale companies. I was just wondering if anyone has experienced anything similar. Thanks for reading. Ingrid |
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Mitch F.Real Estate InvestorPortland, Oregon |
Well the seller won't be paying anything if this is a short sale. The fee paid to the " short sale company" comes out of the listing agent's commission. What probably happened is that the agent took on the listing before the seller stopped making their payments and later on found themselves in a situation that they couldn't handle. Once they realized the home wasn't going to sell for more than what their client owed the bank, they brought in a 3rd party, the " short sale company" to take care of the paperwork, negotiate with the bank, etc... that is all a short sale company can do. The process doesn't always take 60 days...it may take more or less depending on the status of the file in loss mitigation. I would find out how they came to an asking price of 120K. Did the bank do their BPO (brokers price opinion) and tell the listing agent it was ok to list at 120K? Or did the listing agent just decide to drop it really low to get an offer? If the bank has already done their BPO and verbally approved a purchase price of 120K then your offer shouldn't take long to be approved and then closed. However, if the short sale company is attempting to negotiate the 120K vs. some other value that the bank got from their agent...then it could take a while and the bank may counter or flat out reject. Overall, you shouldn't pay a fee for anything...you make an offer at the asking price and simply wait it out. If anybody pays a fee to get the deal to close it should be the agents involved because they are the ones contracting outside help...and in a short sale ultimately the bank is the one paying the agents and indirectly the fee. I hope that helps...good luck! |
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David P.Real Estate ConsultantTallahassee, Florida |
Well the seller won't be paying anything if this is a short sale. The fee paid to the " short sale company" comes out of the listing agent's commission. I respectfully disagree with mitch. I don't think that is what happened at all. I think that the agent has hired a short sale company and the short sale company charges a fee to negotiate the deal. We can make comments all day long about who should and should not pay fees, but the bottom line is who will pay the fee. You never have to pay a fee, but if paying a 1% fee saves you 15% on purchase price then i would call it an investment (a very good one). I use a loss mit. company to negotiate short sales on behalf of my buyers and sellers. So who pays the loss mitigation company? The Buyer. Overall, you shouldn't pay a fee for anything Mitch, with no disrespect intended, but why wouldn't a buyer pay a fee for a service? |
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Jon H.Real Estate InvestorDenver, Colorado Moderator |
There have been a few posting by here from people who negotiate short sales. Seems like those are usually directly between the buyer and seller with no agents involved. I guess if this gets a deal done, and the buyer is still getting a good deal, its OK. Just seems like yet another hand into an already small pie. Every real estate transaction I do feels like I'm being nickeled and dimed by this fee and that charge. Seems to me that if the agent hired this negotiation, the agent should pay the fee. That said, if its a good deal even with the fee, its probably OK. Not so different than paying a fee to a wholesaler. |
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David P.Real Estate ConsultantTallahassee, Florida |
Every real estate transaction I do feels like I'm being nickeled and dimed by this fee and that charge. Seems to me that if the agent hired this negotiation, the agent should pay the fee. Jon, I couldn't agree more. As a matter of fact, i find this in almost every transaction, and I'm an agent. Therefore, the only ones I go through with are the ones that i can find and prove value to myself and to the customer. Have you ever noticed that when banks list bank-owned property with real estate companies, they don't turn the utilities on? That may not happen everywhere, but in my area banks never turn the power on. In addition, the water has been cut off and the house has been winterized. As a result, the home appears completely distressed, even if the price does not reflect it. The reason I bring this up is because a good agent will be able to sift through the good deals and filter out the overpriced, distressed garbage. And, in the process solve the customers problem, whether it's buying as a end user, selling, or investing. In my opinion, there are many bad agents listing short sales, without knowing what they are doing, and trying to " negotiate" good deals with the banks. In that respect, I agree with the " too many hands in the cookie jar" sentiment. Any hand in the cookie jar that doesn't add value, is too many. Ingrid, another option is to tell your agent that you don't want to pay the fee and that you will negotiate the sale with the bank yourself. If anyone is expecting a good agent to find deals, market property, show property, qualify buyers, communicate with title/mortgage/inspector, and negotiate with the bank themselves, then you are in for a let-down somewhere in the process. There just isn't enough time, knowledge, or resources for one person to do it all. just my thoughts. |
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Mitch F.Real Estate InvestorPortland, Oregon |
My thought is...if the seller's agent takes on the task of the short sale and needs to hire outside help to get the deal negotiated then the fee needs to come out of their commission. Charging the buyer a fee to have the short sale negotiated is almost like saying it's the buyers problem that the home is in short sale in the first place...but it's really the bank's and the seller's problem. The bank is the one paying commission to the listing agent and therefore the listing agent needs to pay the short sale company the fee. Johnston...you stated that the buyer should pay the fee...but why? The seller's agent needed outside help to negotiate the deal. Why should he/she get paid a full commission for outsourcing work? You would pay a referral fee to another agent if they gave you the listing right? They buyer is already paying a fee for the agents to do their job...if they need to outsource...whose problem is that? |
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David P.Real Estate ConsultantTallahassee, Florida |
Charging the buyer a fee to have the short sale negotiated is almost like saying it's the buyers problem that the home is in short sale in the first place... I don't think it's the buyer's problem. Quite the opposite, I think it's the buyers opportunity. Cupidity is motivating everyone...to include agents, buyers, banks, and loss mitigators. It's not the buyer's problem, it's their opportunity. And to your point, it's also not a " right" .
Full commission? I don't think banks are in the habit of paying " full" commission on short sales.
Again, I don't think it's a problem. And, I don't see this as a matter of right, wrong, equality, etc....I see it as a matter of value. For me, it's a matter of " is it worthwhile" ? As an agent, to do this profitably, you cannot be a jack of all trades. Although the commission dollars look huge (and easy), that's not the case. Like anything in life, you get what you pay for. If it's a matter of frugality, then the buyer should: 1. conduct marketing
Truly, if they can do that and save $1,000, and that is their business model, then cool. It is truly a matter of value, not justice or fairness. |
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Mitch F.Real Estate InvestorPortland, Oregon |
I realize that banks don't pay realtors " full" commission. What I meant was realtors receiving the full amount that was alloted to them by the bank and not paying the loss mit fee out of that commission. If you want to go through each word in my post and pick it apart be my guest but I wouldnt waste my time pointing out the obvious and would like to stick to the main topic. Steps 1 through 16 are the job of the agent...no doubt about it. You signed up to do all that...and thats what you get paid to do. If you find a buyer who closes the deal then you get paid. The buyer has nothing to do with your responsibilities to your client and has no duty to look out for your client. So why would they pay a loss mit fee to a negotiator who was hired by YOU!? There is also no question that everything is a matter of frugality in this market. An investor is going to negotiate the best deal possible. As an investor...if I was presented with a loss mit fee to be paid out of my pocket instead of the listing agent's then I'm going straight to the seller and explaining to them how their agent is convoluting this deal and seeya at auction. There are simply too many listings on the market for people to choose from for you to charge them to close a deal on yours. How great a deal it is has no relevance at all. How much money the investor stands to make on the deal is irrelevant as well. Bottom line...your client isn't paying their mortgage...they need to sell for less than they owe....you need to find them a buyer...you get paid for that...if you can't close it on your own...you pay somebody to help. Don't like it? Don't list short sales. Would you turn away a cash buyer if they refused to pay the $1K fee...would that be looking out for the best interest of your client? |
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David P.Real Estate ConsultantTallahassee, Florida |
Wow Mitch, Seriously, I didn't mean to pick apart your post...truly. I like listing short sales because I think it truly helps people. I don't turn away any buyers. The offer for the loss mitigation company is truly optional. All offers get submitted to the banks, regardless of agreement to use a loss mit. company. The best interest of my client is to get their home sold as quickly as possible. They know the process every step of the way. That's why I use professionals at every chance possible to ensure I give every opportunity for the deal to close. I don't feel like arguing on some forum thread. Obviously, I wrote something that offended you. There were no intentions of this. Later. |
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Ingrid N.Property ManagerPassaic, New Jersey |
Thanks everyone for the posts. They are all very informative. Unfortunately, this was a property in a great location. Before I got any futher it went under contract. Thanks again! |
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Josh Z.Real Estate InvestorMission Viejo, CA |
I have recieved information from a few "short sale" companies and one interesting thing that I have seen a few recommend is not putting the house on the MLS until negotiated. I have heard agent say the bank came back and said it must be on the MLS for 90 days first... any experience with this? |
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David P.Real Estate ConsultantTallahassee, Florida |
Yep,
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cjgreen100Real Estate InvestorFL |
I have been involved in short sales for quite a while and many companies were quoting an admin fee + percentage of sale price or exhoritant fees in excess of $1500 per file. I was referred to and recently used a company that charged a flat all inclusive fee of $750.00 I was really satisfied with their performance. If you are interested contact me and I'll forward you their information. |
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Ingrid N.Property ManagerPassaic, New Jersey |
I would be interested in their info. Please email me at Inagy@aol.com. Thank you!! |
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