Why is it when a bank is involved in a real estate sale, agents seem to think the rules have changed? I find this recent trend both disturbing for buyers and frustrating for everyone. The problem I am referring to is properties continually being offered for sale on the Multiple Listing Service (MLS) when in fact they are sold. This problem affects not only a buyers ability to really decide what to buy but it also affects the days on market statistics, the average number of homes on the market, the median sale price of homes, and on and on. All of these statistics are used to determine the health of the market and the information comes from the MLS. Needless to say this can present a problem for people in the market to buy a home or even refinance their existing home.
During one experience working with a client, we found 7 houses that may have been right for her. All of them are listed as active on the MLS and not until after I scheduled the showing did I get an email, phone call, or some other notification that the properties were sold. This happened with 5 of the 7 homes I was trying to show this client.
This is not something that is new, especially with properties that are sold subject to an inspection contiguency. What is new is that the offer on the property could be completely negotiated signed and just waiting for closing but the seller (bank) will accept back up offers so the agents are keeping them active. Or it is a short sale in which the seller has accepted the offer but the bank has not. These situation would not be a big deal if it was only a small percentage of the properties on the market but this is happening in well over half the listings in certain market areas. I am not sure what exactly makes those responsible think this is an acceptable practice and I imagine they have not read state law or our realtor code of ethics to realize that this is illegal.
I have represented many different clients in selling foreclosed properties and other than a few addendums the bank asks buyers to sign and the homes are sold "AS IS" it is not that different than working with any other seller. Forgive me for this little rant but the point is.....The rules do not change just because it is a foreclosure or short sale!
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