I was reading about
short sales, as I do every Sunday morning on a great site for short sale information
Short Sale Superstars.
There was a discussion about a Bank of America Short Sale that had been
approved, and then denied after the approval, a few days before
closing. The reason:
The seller was a real estate broker and the
listing agent works for the seller. The buyer used the listing agent to
represent her.
Surprise Surprise, B of A said this is not an
Arm's Length Transaction and rescinded the approval.
There are multiple things wrong with transaction so let me see if I can organize the problems coherently.
1.
All short sales must be an Arm's Length Transaction
and an affidavit needs to be signed by all parties saying they are not
related to each other in any way. The listing agent works for the seller
so that is not arms length.
2. The seller may be offered a
closing incentive by the bank,
but is not allowed to receive any money from the buyer. Since the buyer
is using the the listing agent who works for the seller and would have
received commission for the sale, a portion of which would go to the
broker, then the seller is getting money from the buyer.
3. Again,
since the listing agent works for the seller and would get commission
from the sale, a portion of which would go to the broker, the seller
would be receiving money from the sale outside of the closing incentive.
4.
The buyer has agreed to a dual agency and is entitled to the
information that the listing agent works for the seller and that this
can cause potential problems with
The Arm's Length Transaction.
I
do not know if the seller was trying to pull something over on the
bank, or if he was just not familiar with short sales but this was
totally avoidable.
Buyers: get your own agent to represent you.
Sellers:
If you are a broker, get a different company to represent you. If you
are an agent, get another agent to represent you, not your broker, and
ask the bank if it is ok to be represented by someone else in your
campany first, not after you are about to close.
If you have any questions about
buying or selling a short sale in Santa Clara or San Mateo County please feel free to contact me.
Marcy Moyer
Keller Williams Realty
www.marcymoyer.com
marcy@marcymoyer.com
650-619-9285
D.R.E. 01191194