Thank you for asking these very poignant questions, Gregg. I too I’m interested in working with agents and would like more clarification on what, and how this relationship between SS investor and RE agent works.
I think I understand why they term the listing as “Pending SS w/Bank approval”. This is most likely to make the buyer aware of the situation and encourage cooperation and patience as the deal progresses through the process.
MY QUESTIONS
1.) Since you have the seller under contract and presumably obtained the deed to the property, you are now the “owner” of said property. At this point you engage a RE agent to list “your” house while you work a SS with the lender.
Most lender’s SS package asked for a “listing Agreement” to be included along with the other documents. Now, as mere investors and not licensed agents, we cannot list properties on MLS. In fact, most of us do not want to do so because we believe this will set-off a biding war for the subject property thereby defeating the purpose of a SS.
The negotiation, or the SS package, is between the investor and the lender and is based on the investor’s personal monetary offer for the subject property, say 300K. Let’s take Wainvestor’s strategy and suppose that he has the RE agent working buyers for the SS he is currently negotiating.
Suppose the agent has gotten offers of as much as 450K for the subject property. The agent is now merely waiting for the SS package to go through in order to conduct a double close to conclude this deal.
Let us also suppose that during the lender’s evaluation of the SS package they discover/learn that the property is listed. Based on this knowledge the lender then contacts the listing agent and requests bid information.
Now, does the agent have an obligation to disclose said bids to the lender – it is my understanding that they do. If so, why would the lender agree to the investor’s 300K SS offer in light of the 450K offers coming in for this property?
Perhaps I’m misunderstanding the mechanics of this relationship, but if someone could answer this for those of use considering working with agents it would be greatly appreciated.
Sorry about the long post…
Ive been thinking about working with agents as well. A couple of questions that came to mind when reading these posts that I hope that you would be able to answer for me…
You said that “I get the contract and necessary paper work from HO and then have the agent put pending sale on the MLS”
- I was wondering why the agent puts pending sale on the MLS?
And you said that ,"All the while the agent keeps looking for a buyer as I am working the short sale with the bank. "
- What do you do when you find a buyer before the ss is approved? 3) How do you quote a price to the buyer before ss approval?
And last question, most banks require that you make an offer before they even consider a short sale(and as part of the ss package)
4)Do you just submit an offer in your name and then double close?
Id appreciate your input Wainvestor. I am leaning more towards working with an agent now that I have found one that I really get along with.