Hi Folks. Richard Zaretsky wrote apost earlier this week titled SHORT SALE MARKET EVOLUTION – GMAC SOLUTION TO FALSE BUYERS If you haven’t read it pop over and do so.
Richard’s post spawned an article by Bill J Archambault titled Successful REALTOR Or Failed Social Reformer.
Bill’s post got me thinking about this one. Funny how that works!
Here is the language GMAC wants if you have a short sale with them as the lender:
2-3% earnest money must be agreeable to buyer. Contingencies must be removed 14 days after we issue approval letter and earnest money becomes non-refundable. If buyer walks, buyer and seller must agree in writing that earnest money will be wired to GMAC.
GMAC is interfering with my listing agreement and interfering with a purchase agreement. This is, in my opinion***, Tortious interference. They are NOT a party to either of these contracts and have no right dictating the terms.
GMAC’s new “deposit language” is interfering with my contractual right, as per my listing agreement, to a percentage of the deposit when a buyer walks. Why? I didn’t do anything wrong. In fact, I spent time, effort and money during the pending status of the contract and have the right to be compensated if the deal kicks due to the buyer walking. GMAC wants to steal my money.
And what about the fully qualified buyer that doesn’t have 2% to 3% to put up as a deposit? They could be purchasing the home using VA or USDA (100%) financing but may not be in a position to place 2% to 3% down as a deposit. Now due to this GMAC requirement they are blown out of the water. And of course these are exactly the buyers that are willing to pay a premium for a property.
Make no mistake about it this is just one more step towards banks dictating the real estate market.
Banks are now:
- Limitting how much I can charge for my services.
- Preventing me from being compensated for my time and effort.
- Dragging property values down even further by limitting the buyer pool.
You can be sure I will work the system to my advantage. BUT…dictating how I can charge for my services is a violation of anti trust laws. GMAC can certainly choose to not accept a short sale. That is their decision. How I get paid is my business and they are interfering with my contract. GMAC is not losing money. They are the servicer. They get paid whether payments are made or not. This new verbiage is not to lesson their losses it is to increase their profits.
I wonder if they pass the claimed deposit off to the investor? I doubt it.
Short Sales Suck and I Ain’t Doin’ Them!! Agent Training.
Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.
Want to find out more? www.CentralFloridaShortSales.com
***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.
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Time. Mine is valuable. Is yours? One thing that agents struggle with is being in control of their time. How often have you popped out to show property at the last minute? Or had to cancel a personal event because one of your customer/clients needed to see you? What about the Buyer who can only look at properties every other Saturday from 4-7 pm? Do you work with them? I don’t.



Hi folks. When I first realized that Short Sales were going to be a major part of my market I knew I needed to learn how to do them and I needed to learn how to do them fast. So I did what any Short Sale rookie would do…I decided to write 

Are you ready? It’s going to be complicated.
My secret advice to agents about lead generation is to stop trying to figure it out and start doing it! It’s not so much what you do as it is that you do it. Be consistent.
Wake up tomorrow morning and mail an expired listing letter to every expired/withdrawn in your market. Then get up every day thereafter and do the same thing. Do it forever.
Then do the same thing for FSBOs and preforeclosures.
Within about 90 days you will have a steady stream of listing leads coming in. Once you get the properties listed syndicate them to every website that will take them.
Shortly thereafter you will have a steady stream of Buyer leads coming in. Work the ones that are ready to buy in 30 days or less and set the rest up on auto property alerts and leave them alone. They’ll buy when they’re ready.
Treat your Sellers and Buyers as if they are your only customer/clients. Communicate with them constantly. They will provide you with even more leads.
Add in some very specific hyper local blogging and social networking and you are good to go. This stuff is not complicated.
Or…..you can sit on your laurels and wait for your Broker to give you business. What say you?
Do you need a new Broker?
Want to find out more? www.TTRealtyNet.com
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