ethical question; short sales

[scaredyclassic]

Well the damages are we didn’t get our dream house; but who can put a price on that? (joke). The time we spent looking and negotiating, and statutory unfair trade practice damages. Admittedly not much … Maybe 3000? I’ll settle for 5000.

The evidence that it’s not just wishful think is that it’s Occurong prior to selecting offers. It’s reasonable to Infer that that figures into sellers selection. If it were just wishful thinking and had no bearing on which offer was selected , then wish upon the buyer you’ve selected who can best make the bank whole

[Coronita]

Too bad you can’t bring a tape recorder, tape the conversation, and send it to fox news…. 🙂

(I know, you’re an attorney, and know unauthorized recordings are illegal)…
However, maybe next time the person would be dumb enough to do this over email? 🙂

Afterall, people do stupid stuff on the internet…wouldn’t be surprised if the person posted how “smart” they were on their facebook account.

[Coronita]

Too bad you can’t bring a tape recorder, tape the conversation, and send it to fox news…. 🙂

(I know, you’re an attorney, and know unauthorized recordings are illegal)…
However, maybe next time the person would be dumb enough to do this over email? 🙂

Afterall, people do stupid stuff on the internet…wouldn’t be surprised if the person posted how “smart” they were on their facebook account.

[Coronita]

Too bad you can’t bring a tape recorder, tape the conversation, and send it to fox news…. 🙂

(I know, you’re an attorney, and know unauthorized recordings are illegal)…
However, maybe next time the person would be dumb enough to do this over email? 🙂

Afterall, people do stupid stuff on the internet…wouldn’t be surprised if the person posted how “smart” they were on their facebook account.

[Coronita]

Too bad you can’t bring a tape recorder, tape the conversation, and send it to fox news…. 🙂

(I know, you’re an attorney, and know unauthorized recordings are illegal)…
However, maybe next time the person would be dumb enough to do this over email? 🙂

Afterall, people do stupid stuff on the internet…wouldn’t be surprised if the person posted how “smart” they were on their facebook account.

[Coronita]

Too bad you can’t bring a tape recorder, tape the conversation, and send it to fox news…. 🙂

(I know, you’re an attorney, and know unauthorized recordings are illegal)…
However, maybe next time the person would be dumb enough to do this over email? 🙂

Afterall, people do stupid stuff on the internet…wouldn’t be surprised if the person posted how “smart” they were on their facebook account.

[scaredyclassic]

how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?

[scaredyclassic]

how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?

[scaredyclassic]

how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?

[scaredyclassic]

how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?

[scaredyclassic]

how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?

[urbanrealtor]

[quote=walterwhite]how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?[/quote]

Thats correct.
The bank’s client is the owner.
They won’t tell you anything unless they have permission from the owner.
The agent’s client is the owner.
The agent won’t tell you anything because your interests are opposed to those of his client.
The agent has no duty to disclose all facts to the bank as they are not his client.
He has no duty to you either.
Claiming any damages involves proving a pretty far-fetched counter factual (seriously, you are claiming it was your Barbie Dream House? Dude.).
The most effective way to deal with this is to address it at an administrative level.
Respond very positively to the solicitation for the furniture purchase.
Ask that it be in writing (because, hey, you need everything in writing).
Once you have it in writing, figure out the office structure of the other agent.
Go directly to broker or risk manager for the agent and describe this as illegal seller profits and payments outside of escrow.
If this is a big name franchise office (eg Remax or C21), they will have in house counsel.
Showing documentation of fraud (presented by an attorney) will probably make them crap their pants in short order.
You probably won’t get the short sale.
That involves a fair amount of goodwill on the seller’s part (and you have burned that) but you will help to make this practice less common.
Make no mistake, I agree that this is fraud but I also think that the primary victim is the bank (thus my lack of sympathy), the secondary victim is the buyer (and I don’t put a lot of stock in nebulous opportunity cost in this market), and that the actual damage is (intentionally) hard to prove.
I wish you luck.

[urbanrealtor]

[quote=walterwhite]how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?[/quote]

Thats correct.
The bank’s client is the owner.
They won’t tell you anything unless they have permission from the owner.
The agent’s client is the owner.
The agent won’t tell you anything because your interests are opposed to those of his client.
The agent has no duty to disclose all facts to the bank as they are not his client.
He has no duty to you either.
Claiming any damages involves proving a pretty far-fetched counter factual (seriously, you are claiming it was your Barbie Dream House? Dude.).
The most effective way to deal with this is to address it at an administrative level.
Respond very positively to the solicitation for the furniture purchase.
Ask that it be in writing (because, hey, you need everything in writing).
Once you have it in writing, figure out the office structure of the other agent.
Go directly to broker or risk manager for the agent and describe this as illegal seller profits and payments outside of escrow.
If this is a big name franchise office (eg Remax or C21), they will have in house counsel.
Showing documentation of fraud (presented by an attorney) will probably make them crap their pants in short order.
You probably won’t get the short sale.
That involves a fair amount of goodwill on the seller’s part (and you have burned that) but you will help to make this practice less common.
Make no mistake, I agree that this is fraud but I also think that the primary victim is the bank (thus my lack of sympathy), the secondary victim is the buyer (and I don’t put a lot of stock in nebulous opportunity cost in this market), and that the actual damage is (intentionally) hard to prove.
I wish you luck.

[urbanrealtor]

[quote=walterwhite]how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?[/quote]

Thats correct.
The bank’s client is the owner.
They won’t tell you anything unless they have permission from the owner.
The agent’s client is the owner.
The agent won’t tell you anything because your interests are opposed to those of his client.
The agent has no duty to disclose all facts to the bank as they are not his client.
He has no duty to you either.
Claiming any damages involves proving a pretty far-fetched counter factual (seriously, you are claiming it was your Barbie Dream House? Dude.).
The most effective way to deal with this is to address it at an administrative level.
Respond very positively to the solicitation for the furniture purchase.
Ask that it be in writing (because, hey, you need everything in writing).
Once you have it in writing, figure out the office structure of the other agent.
Go directly to broker or risk manager for the agent and describe this as illegal seller profits and payments outside of escrow.
If this is a big name franchise office (eg Remax or C21), they will have in house counsel.
Showing documentation of fraud (presented by an attorney) will probably make them crap their pants in short order.
You probably won’t get the short sale.
That involves a fair amount of goodwill on the seller’s part (and you have burned that) but you will help to make this practice less common.
Make no mistake, I agree that this is fraud but I also think that the primary victim is the bank (thus my lack of sympathy), the secondary victim is the buyer (and I don’t put a lot of stock in nebulous opportunity cost in this market), and that the actual damage is (intentionally) hard to prove.
I wish you luck.

[urbanrealtor]

[quote=walterwhite]how could you get a bank to hold up on the sale to look at my offer? I wouldn’t know any of the facts until after the sale were completed, right?[/quote]

Thats correct.
The bank’s client is the owner.
They won’t tell you anything unless they have permission from the owner.
The agent’s client is the owner.
The agent won’t tell you anything because your interests are opposed to those of his client.
The agent has no duty to disclose all facts to the bank as they are not his client.
He has no duty to you either.
Claiming any damages involves proving a pretty far-fetched counter factual (seriously, you are claiming it was your Barbie Dream House? Dude.).
The most effective way to deal with this is to address it at an administrative level.
Respond very positively to the solicitation for the furniture purchase.
Ask that it be in writing (because, hey, you need everything in writing).
Once you have it in writing, figure out the office structure of the other agent.
Go directly to broker or risk manager for the agent and describe this as illegal seller profits and payments outside of escrow.
If this is a big name franchise office (eg Remax or C21), they will have in house counsel.
Showing documentation of fraud (presented by an attorney) will probably make them crap their pants in short order.
You probably won’t get the short sale.
That involves a fair amount of goodwill on the seller’s part (and you have burned that) but you will help to make this practice less common.
Make no mistake, I agree that this is fraud but I also think that the primary victim is the bank (thus my lack of sympathy), the secondary victim is the buyer (and I don’t put a lot of stock in nebulous opportunity cost in this market), and that the actual damage is (intentionally) hard to prove.
I wish you luck.

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