J. Philip's Westchester Real Estate Blog: Caution: Buyers Negotiating the Short Sale

J. Philip Faranda is based in Briarcliff Manor, NY. His market covers Westchester & the Hudson Valley. In addition to owning his growing brokerage, he ranks in the top 10 out of over 7000 agents in the EAMLS for closed transactions each year since 2007. He has appeared on ABC World News, quoted in the NY Times, AOL, AP & many other media. He is also a Vice President for the Empire Access MLS. You can reach him at (914) 723-8900.

Caution: Buyers Negotiating the Short Sale

I have been contacted by an investment group that showed interest in a short sale listing. They claim to be cash buyers, but have not shown proof of funds. They also want an incredible amount of information on the property and sellers so they can "evaluate" whether or not to go forward. I probably should have kicked them to the curb in the beginning, but thought it best to err on the side of giving them a chance to redeem themselves. 

After giving my agent a form to fill out on the property and mortgage, I contacted them and explained why we cannot disclose certain things. Moreover, I told her, we know nothing of your ability to perform. This went back and forth a few times via email, and the more I delved into it the more I knew my initial instincts were correct. They had their own team of "negotiators" to do the workout instead of myself and the seller's attorney. After reading email replies with flowery wording reminiscent of the Nigerian Scam,  and dotted with terms like "full disclosure," I told the seller to forget these people. He agreed. At best, these are well-meaning people who are amateurs trying to follow some bologna class or program they got into. At worst, they are con artists. 

I there are some scenarios where it might be OK for a buyer to be an authorized 3rd party to negotiate with the seller's lender, but that should be done over extremely controlled circumstances and after enormous due diligence. The buyer might be a licensee with experience, an attorney with expertise in workouts, or some other credible scenario where checks and balances exist. It should not be granted lightly. In this case, where the buyer is shady, vague, and evasive, it should be avoided at all costs. 

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4 commentsJ Philip Faranda, Broker-Owner • May 29 2009 08:00AM

Comments

If this group had their own negotiators, they should talk directly with home owners who are not working with agents.  That's what we investor's do.

Posted by Tony Toto Real Estate Information Gurnee, IL (Education & Information) over 2 years ago

Well Said Tony.

Posted by Brian Luce (Weidel Realtors Doylestown) over 2 years ago

Phil, you probably should have curbed them in the beginning. We receive phone calls and emails on the 'cash investor groups' too. I say... Show me the money...

Posted by Eileen Hsu 許小姐 Manhattan NY Real Estate (Prudential Douglas Elliman) over 2 years ago

One of most informative real estate blogs. Hope to see more good things in next visit. Thank you for this

Property To Sell

Posted by Patrick Jeary almost 2 years ago

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