Home › Forums › Closed Forums › Properties or Areas › Short Sale Realtor in collusion with buyer, is it legal.
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SD Realtor.
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February 13, 2011 at 7:46 PM #667110February 13, 2011 at 9:15 PM #665979
briansd1
Guest[quote=urbanrealtor]The seller (by way of their representative) have the right to accept any offer for virtually any reason (hair color, political affiliation, cleft palette).
While the bank sometimes requires that they be informed of any offers right up until closing, most do not require that anymore.
Most sellers will not want to change horses mid-stream.
Changing buyers tends to complicate a short sale negotiations in my experience.
I generally will go with the first offer that is likely to close and get approved.
Also, the seller does not have the right to rescind acceptance in California.
Kicking an accepted buyer out just because a cash offer came in the next day (even if it is higher) is something that could put land a seller (or agent) in court.
Based on your description, this is not necessarily a case of the agent burying your offer.
I have (many times) done exactly what you say this woman is doing and there is nothing unethical or illegal about it.
The banks generally do not have a right to all information about a seller.
It is illegal, unethical, and incredibly irritating when an agent does hide an offer (though hard to prove) from a seller.
That is why most agents will not show Battiata listings.
His team has a demonstrable track record of doing that (if he threatens me for posting this, I will post scads of potentially defamatory evidence for your review).
However, Adam’s suggestion that you contact their broker will probably be fruitless.
If you contacted me about one of my agents doing this, I might inquire with them but it would be unlikely to result in anything but a dial tone.
Your just pissed because you had crappy timing and now the window of opportunity has closed.
As long as your offer was presented to the seller (the bank is not the seller), the listing agent has acted appropriately.
Fail.[/quote]
I concur. The seller is the seller. They can accept any offer they want.
It’s up to the bank to approve or deny short sales. Too bad for them if they don’t protect their own interests.
That’s why I’ve always said that if banks approve short sales easily, then all people who are upside down should short sell their houses to buyers of their own choosing. Again short-sellers (not the banks) can sell to buyers of their own choosing.
February 13, 2011 at 9:15 PM #666039Guest[quote=urbanrealtor]The seller (by way of their representative) have the right to accept any offer for virtually any reason (hair color, political affiliation, cleft palette).
While the bank sometimes requires that they be informed of any offers right up until closing, most do not require that anymore.
Most sellers will not want to change horses mid-stream.
Changing buyers tends to complicate a short sale negotiations in my experience.
I generally will go with the first offer that is likely to close and get approved.
Also, the seller does not have the right to rescind acceptance in California.
Kicking an accepted buyer out just because a cash offer came in the next day (even if it is higher) is something that could put land a seller (or agent) in court.
Based on your description, this is not necessarily a case of the agent burying your offer.
I have (many times) done exactly what you say this woman is doing and there is nothing unethical or illegal about it.
The banks generally do not have a right to all information about a seller.
It is illegal, unethical, and incredibly irritating when an agent does hide an offer (though hard to prove) from a seller.
That is why most agents will not show Battiata listings.
His team has a demonstrable track record of doing that (if he threatens me for posting this, I will post scads of potentially defamatory evidence for your review).
However, Adam’s suggestion that you contact their broker will probably be fruitless.
If you contacted me about one of my agents doing this, I might inquire with them but it would be unlikely to result in anything but a dial tone.
Your just pissed because you had crappy timing and now the window of opportunity has closed.
As long as your offer was presented to the seller (the bank is not the seller), the listing agent has acted appropriately.
Fail.[/quote]
I concur. The seller is the seller. They can accept any offer they want.
It’s up to the bank to approve or deny short sales. Too bad for them if they don’t protect their own interests.
That’s why I’ve always said that if banks approve short sales easily, then all people who are upside down should short sell their houses to buyers of their own choosing. Again short-sellers (not the banks) can sell to buyers of their own choosing.
February 13, 2011 at 9:15 PM #666638Guest[quote=urbanrealtor]The seller (by way of their representative) have the right to accept any offer for virtually any reason (hair color, political affiliation, cleft palette).
While the bank sometimes requires that they be informed of any offers right up until closing, most do not require that anymore.
Most sellers will not want to change horses mid-stream.
Changing buyers tends to complicate a short sale negotiations in my experience.
I generally will go with the first offer that is likely to close and get approved.
Also, the seller does not have the right to rescind acceptance in California.
Kicking an accepted buyer out just because a cash offer came in the next day (even if it is higher) is something that could put land a seller (or agent) in court.
Based on your description, this is not necessarily a case of the agent burying your offer.
I have (many times) done exactly what you say this woman is doing and there is nothing unethical or illegal about it.
The banks generally do not have a right to all information about a seller.
It is illegal, unethical, and incredibly irritating when an agent does hide an offer (though hard to prove) from a seller.
That is why most agents will not show Battiata listings.
His team has a demonstrable track record of doing that (if he threatens me for posting this, I will post scads of potentially defamatory evidence for your review).
However, Adam’s suggestion that you contact their broker will probably be fruitless.
If you contacted me about one of my agents doing this, I might inquire with them but it would be unlikely to result in anything but a dial tone.
Your just pissed because you had crappy timing and now the window of opportunity has closed.
As long as your offer was presented to the seller (the bank is not the seller), the listing agent has acted appropriately.
Fail.[/quote]
I concur. The seller is the seller. They can accept any offer they want.
It’s up to the bank to approve or deny short sales. Too bad for them if they don’t protect their own interests.
That’s why I’ve always said that if banks approve short sales easily, then all people who are upside down should short sell their houses to buyers of their own choosing. Again short-sellers (not the banks) can sell to buyers of their own choosing.
February 13, 2011 at 9:15 PM #666778Guest[quote=urbanrealtor]The seller (by way of their representative) have the right to accept any offer for virtually any reason (hair color, political affiliation, cleft palette).
While the bank sometimes requires that they be informed of any offers right up until closing, most do not require that anymore.
Most sellers will not want to change horses mid-stream.
Changing buyers tends to complicate a short sale negotiations in my experience.
I generally will go with the first offer that is likely to close and get approved.
Also, the seller does not have the right to rescind acceptance in California.
Kicking an accepted buyer out just because a cash offer came in the next day (even if it is higher) is something that could put land a seller (or agent) in court.
Based on your description, this is not necessarily a case of the agent burying your offer.
I have (many times) done exactly what you say this woman is doing and there is nothing unethical or illegal about it.
The banks generally do not have a right to all information about a seller.
It is illegal, unethical, and incredibly irritating when an agent does hide an offer (though hard to prove) from a seller.
That is why most agents will not show Battiata listings.
His team has a demonstrable track record of doing that (if he threatens me for posting this, I will post scads of potentially defamatory evidence for your review).
However, Adam’s suggestion that you contact their broker will probably be fruitless.
If you contacted me about one of my agents doing this, I might inquire with them but it would be unlikely to result in anything but a dial tone.
Your just pissed because you had crappy timing and now the window of opportunity has closed.
As long as your offer was presented to the seller (the bank is not the seller), the listing agent has acted appropriately.
Fail.[/quote]
I concur. The seller is the seller. They can accept any offer they want.
It’s up to the bank to approve or deny short sales. Too bad for them if they don’t protect their own interests.
That’s why I’ve always said that if banks approve short sales easily, then all people who are upside down should short sell their houses to buyers of their own choosing. Again short-sellers (not the banks) can sell to buyers of their own choosing.
February 13, 2011 at 9:15 PM #667115Guest[quote=urbanrealtor]The seller (by way of their representative) have the right to accept any offer for virtually any reason (hair color, political affiliation, cleft palette).
While the bank sometimes requires that they be informed of any offers right up until closing, most do not require that anymore.
Most sellers will not want to change horses mid-stream.
Changing buyers tends to complicate a short sale negotiations in my experience.
I generally will go with the first offer that is likely to close and get approved.
Also, the seller does not have the right to rescind acceptance in California.
Kicking an accepted buyer out just because a cash offer came in the next day (even if it is higher) is something that could put land a seller (or agent) in court.
Based on your description, this is not necessarily a case of the agent burying your offer.
I have (many times) done exactly what you say this woman is doing and there is nothing unethical or illegal about it.
The banks generally do not have a right to all information about a seller.
It is illegal, unethical, and incredibly irritating when an agent does hide an offer (though hard to prove) from a seller.
That is why most agents will not show Battiata listings.
His team has a demonstrable track record of doing that (if he threatens me for posting this, I will post scads of potentially defamatory evidence for your review).
However, Adam’s suggestion that you contact their broker will probably be fruitless.
If you contacted me about one of my agents doing this, I might inquire with them but it would be unlikely to result in anything but a dial tone.
Your just pissed because you had crappy timing and now the window of opportunity has closed.
As long as your offer was presented to the seller (the bank is not the seller), the listing agent has acted appropriately.
Fail.[/quote]
I concur. The seller is the seller. They can accept any offer they want.
It’s up to the bank to approve or deny short sales. Too bad for them if they don’t protect their own interests.
That’s why I’ve always said that if banks approve short sales easily, then all people who are upside down should short sell their houses to buyers of their own choosing. Again short-sellers (not the banks) can sell to buyers of their own choosing.
February 13, 2011 at 9:30 PM #665984paramount
Participant[quote=urbanrealtor][quote=paramount]The problem I see here is the MLS itself, which is a sales tool manipulated by realtors and other interested parties.
Maybe what we need is a new MLS type system that is less prone to manipulation and overly self-interested parties.[/quote]
You see lots of problems with lots of things.
The MLS is a lot more honest and fair of an open market tool than ebay or craigslist.
It actually allows full information about what sale prices have done in the past.
That is not something that is generally available to users in more closed or limited databases like Ebay or CL.
In what way do you see it as being manipulated?[/quote]
1. DOM/DOMP is probably the most common manipulation of the MLS.
2. Deceptive photos (you walk into a house that looks nothing like the MLS photos)
Just to name (2), I’m sure there are more…
February 13, 2011 at 9:30 PM #666044Participant[quote=urbanrealtor][quote=paramount]The problem I see here is the MLS itself, which is a sales tool manipulated by realtors and other interested parties.
Maybe what we need is a new MLS type system that is less prone to manipulation and overly self-interested parties.[/quote]
You see lots of problems with lots of things.
The MLS is a lot more honest and fair of an open market tool than ebay or craigslist.
It actually allows full information about what sale prices have done in the past.
That is not something that is generally available to users in more closed or limited databases like Ebay or CL.
In what way do you see it as being manipulated?[/quote]
1. DOM/DOMP is probably the most common manipulation of the MLS.
2. Deceptive photos (you walk into a house that looks nothing like the MLS photos)
Just to name (2), I’m sure there are more…
February 13, 2011 at 9:30 PM #666643Participant[quote=urbanrealtor][quote=paramount]The problem I see here is the MLS itself, which is a sales tool manipulated by realtors and other interested parties.
Maybe what we need is a new MLS type system that is less prone to manipulation and overly self-interested parties.[/quote]
You see lots of problems with lots of things.
The MLS is a lot more honest and fair of an open market tool than ebay or craigslist.
It actually allows full information about what sale prices have done in the past.
That is not something that is generally available to users in more closed or limited databases like Ebay or CL.
In what way do you see it as being manipulated?[/quote]
1. DOM/DOMP is probably the most common manipulation of the MLS.
2. Deceptive photos (you walk into a house that looks nothing like the MLS photos)
Just to name (2), I’m sure there are more…
February 13, 2011 at 9:30 PM #666783Participant[quote=urbanrealtor][quote=paramount]The problem I see here is the MLS itself, which is a sales tool manipulated by realtors and other interested parties.
Maybe what we need is a new MLS type system that is less prone to manipulation and overly self-interested parties.[/quote]
You see lots of problems with lots of things.
The MLS is a lot more honest and fair of an open market tool than ebay or craigslist.
It actually allows full information about what sale prices have done in the past.
That is not something that is generally available to users in more closed or limited databases like Ebay or CL.
In what way do you see it as being manipulated?[/quote]
1. DOM/DOMP is probably the most common manipulation of the MLS.
2. Deceptive photos (you walk into a house that looks nothing like the MLS photos)
Just to name (2), I’m sure there are more…
February 13, 2011 at 9:30 PM #667120Participant[quote=urbanrealtor][quote=paramount]The problem I see here is the MLS itself, which is a sales tool manipulated by realtors and other interested parties.
Maybe what we need is a new MLS type system that is less prone to manipulation and overly self-interested parties.[/quote]
You see lots of problems with lots of things.
The MLS is a lot more honest and fair of an open market tool than ebay or craigslist.
It actually allows full information about what sale prices have done in the past.
That is not something that is generally available to users in more closed or limited databases like Ebay or CL.
In what way do you see it as being manipulated?[/quote]
1. DOM/DOMP is probably the most common manipulation of the MLS.
2. Deceptive photos (you walk into a house that looks nothing like the MLS photos)
Just to name (2), I’m sure there are more…
February 14, 2011 at 12:54 AM #665998CA renter
ParticipantSend a copy of your offer with a letter explaining exactly what happened, to the CEO of the bank. Send a copy to the OTS, and to the OCC. Contact information:
Good luck, and let us know how it goes!
February 14, 2011 at 12:54 AM #666059ParticipantSend a copy of your offer with a letter explaining exactly what happened, to the CEO of the bank. Send a copy to the OTS, and to the OCC. Contact information:
Good luck, and let us know how it goes!
February 14, 2011 at 12:54 AM #666658ParticipantSend a copy of your offer with a letter explaining exactly what happened, to the CEO of the bank. Send a copy to the OTS, and to the OCC. Contact information:
Good luck, and let us know how it goes!
February 14, 2011 at 12:54 AM #666798ParticipantSend a copy of your offer with a letter explaining exactly what happened, to the CEO of the bank. Send a copy to the OTS, and to the OCC. Contact information:
Good luck, and let us know how it goes!
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