Short sale turned Sub2

I am in the process of purchasing a home via short sale and there is a sellers agent involved. We have 10 days to close. If the bank refuses the short sale, the sellers hopes of selling the home is all but gone. Would this be a good time for Sub2? Can I just go around the agent or do I need to negotiate something w/him? Another thing…We had to ammend the sales contract because instead of the home being in my name it will be in my wifes. Does this look bad and will it effect the banks decision? Thank for any input.