I know it can be hard when you are trying to get an offer an the clock is ticking loudly behind you with a pending auction date. Don't let your sense of urgency override your responsibility to your seller.
I see so many Realtors uncomfortable with advising the seller to counter the offer made by the buyer on their short sale listing. In the end it is your seller's choice but don't scare them away from the process of negotiating the price and/or terms of the offer. Remember that a lower offer approved by the seller's bank may potentially mean a larger exposure to the balance of the debt if that same bank decides to come after the owner for the balance at a later date.
Saturday, February 21, 2009
Know your local contract!
Even without the existence of short sales it is important as Realtors to know our contract well if we are going to do a good job. Not that I can give it more importance due to short sales but not knowing your contract can put everyone in a bad place. Short sales take longer giving more opportunity for a loosely negotiated contact to give way to some very big problems.
We recently had a long and very drawn out negotiation with Countrywide (1st) and Wachovia (2nd). Actually both banks were fine to deal with, very professional during the transaction and giving us approval to close. As we got closer to closing and per our local contract we kept pushing the buyer agent for the release of the financing and appraisal contingencies. We were in a tough spot because our only course of action if they say no or keep delaying it is to void the offer, which we did not want to do for obvious reasons.
The morning of closing we get an 'email' from the buyer agent stating the buyer is unable to come to closing and the offer is void. < < insert cold sweats and panic heart rate here > > But because we know our contract and my exceptional negotiator, Jacqueline, properly documented the agreed closing date each time it was moved or delayed we were okay. You see our local contract automatically removes all contingencies at midnight prior to the closing date. So her having documented and having all parties sign and acknowledge the date we were able to protect our client. If we were lazy about all of it and left it as a verbal then we would have been in a bad spot for our seller. Long story even longer after about a week delay from the original date the buyer did come to the table and sign the papers to purchase. << Thanks to Jacqueline for doing a great job and saving a $360k sale but more importantly helping our seller avoid foreclosure! >>
Know your contract, document everything as needed and never take bad news as the end. There is always an answer if you stay calm and think it through. Okay sometimes things just crap out on you. But more often than not difficult and seemingly impossible situations can be overcome by stepping back and thinking it through.
Best of luck!
We recently had a long and very drawn out negotiation with Countrywide (1st) and Wachovia (2nd). Actually both banks were fine to deal with, very professional during the transaction and giving us approval to close. As we got closer to closing and per our local contract we kept pushing the buyer agent for the release of the financing and appraisal contingencies. We were in a tough spot because our only course of action if they say no or keep delaying it is to void the offer, which we did not want to do for obvious reasons.
The morning of closing we get an 'email' from the buyer agent stating the buyer is unable to come to closing and the offer is void. < < insert cold sweats and panic heart rate here > > But because we know our contract and my exceptional negotiator, Jacqueline, properly documented the agreed closing date each time it was moved or delayed we were okay. You see our local contract automatically removes all contingencies at midnight prior to the closing date. So her having documented and having all parties sign and acknowledge the date we were able to protect our client. If we were lazy about all of it and left it as a verbal then we would have been in a bad spot for our seller. Long story even longer after about a week delay from the original date the buyer did come to the table and sign the papers to purchase. << Thanks to Jacqueline for doing a great job and saving a $360k sale but more importantly helping our seller avoid foreclosure! >>
Know your contract, document everything as needed and never take bad news as the end. There is always an answer if you stay calm and think it through. Okay sometimes things just crap out on you. But more often than not difficult and seemingly impossible situations can be overcome by stepping back and thinking it through.
Best of luck!
Read more!
Submitting Authorization Forms versus your Short Sale Package
If you are newer to short sales all of this may seem overwhelming. So I'd like to share some basic information you will need to know when working with short sales. This post talks about fax numbers and knowing the difference between the numbers some banks have.
You will learn quickly that tracking numbers down and getting things to the right locations can be a challenge at the start. You need to know that many, not all, but many banks have separate fax numbers for where you send the authorization form versus where you send the actual short sale package. So knowing this you want to make sure to ask very specific questions to the banks when gathering this information. Ask if the authorization form you need to send in goes to the same number as the short sale package.
Do yourself a favor and make sure to start collecting information on each bank and negotiator you work with. This is a great resource as your business grows.
You will learn quickly that tracking numbers down and getting things to the right locations can be a challenge at the start. You need to know that many, not all, but many banks have separate fax numbers for where you send the authorization form versus where you send the actual short sale package. So knowing this you want to make sure to ask very specific questions to the banks when gathering this information. Ask if the authorization form you need to send in goes to the same number as the short sale package.
Do yourself a favor and make sure to start collecting information on each bank and negotiator you work with. This is a great resource as your business grows.
Read more!
Friday, February 13, 2009
Pricing Your Short Sale to Sell
It will be important to have a good understanding of pricing strategies to be successful with your short sales. The price will need to be competitive with the market to generate an offer but not so low that the bank will say no to the offer during review.
An additional concern your client should have about pricing is that the lower the price is that they accept and do get approved the larger their exposure is on the potential deficiency balance the bank may try to come after later. If on the other hand the bank chooses to write of the debt and 1099 your client then the exposure to the seller would be to potentially a larger total tax implication. So you have quite a balancing act to pay attention to here.
Before I go further remember you along with your seller set the pricing and strategy NOT THE BANK! I've heard agents make comments like 'well the bank told me to price at X-dollars'. Please remember you, not the bank, are the local professional. You, not the bank, are familiar with what is going on in your local market. Your fiduciary responsibilities are with your seller and not the bank(s) needing to approve the final offer.
The rest of this is all just my opinion / experience to date. What works today may not work tomorrow or may not be the best approach for your market so make sure to network with your area Short Sale Realtors and see what's working best.
BPO Value - 90%
From our closings and speaking with Short Sale Realtors across the country the general observation is that if you can get an offer price at 90% of the BPO value that the deal should get approved. That doesn't mean a number under that won't fly but it can be a nice reference point if you are just starting in all of this.
Setting your price
Use your knowledge here. Price to sell not sit on the market. Depending on your seller's situation and foreclosure timeline your approach will be different.
Price Changes
Don't play around here because you need to sell and I would suggest a price adjustment every 2 weeks until you find an offer you can work with. Set a strategy with your seller from the start.
An additional concern your client should have about pricing is that the lower the price is that they accept and do get approved the larger their exposure is on the potential deficiency balance the bank may try to come after later. If on the other hand the bank chooses to write of the debt and 1099 your client then the exposure to the seller would be to potentially a larger total tax implication. So you have quite a balancing act to pay attention to here.
Before I go further remember you along with your seller set the pricing and strategy NOT THE BANK! I've heard agents make comments like 'well the bank told me to price at X-dollars'. Please remember you, not the bank, are the local professional. You, not the bank, are familiar with what is going on in your local market. Your fiduciary responsibilities are with your seller and not the bank(s) needing to approve the final offer.
The rest of this is all just my opinion / experience to date. What works today may not work tomorrow or may not be the best approach for your market so make sure to network with your area Short Sale Realtors and see what's working best.
BPO Value - 90%
From our closings and speaking with Short Sale Realtors across the country the general observation is that if you can get an offer price at 90% of the BPO value that the deal should get approved. That doesn't mean a number under that won't fly but it can be a nice reference point if you are just starting in all of this.
Setting your price
Use your knowledge here. Price to sell not sit on the market. Depending on your seller's situation and foreclosure timeline your approach will be different.
Price Changes
Don't play around here because you need to sell and I would suggest a price adjustment every 2 weeks until you find an offer you can work with. Set a strategy with your seller from the start.
Read more!
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