Trulia Voices Real Estate Q&A in San Pablo

Anne
Anne
Home Buyer
Richmond

Is it ethical or legal for agents to list REO properties purposedly low to create a bidding war?

How successful is this tactic?

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Dot Chance
Dot Chance
Real Estate Pro
Studio City
Tue Jun 17 2008, 16:38

Anne, I can see how you feel "misled" in this situation. Sometimes when a listing is priced on the low side it is because the seller/bank just wants it off their books. Oftentimes the result is what you must be experiencing - a bidding war.

I know it is frustrating, but hang in there - you'll find the right house at the right price eventually!

Web Reference: http://www.DotChance.com
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Anne
Anne
Home Buyer
Richmond
Mon Jun 16 2008, 14:10

There is a fine line between purposedly posting low listing price to generate interest and the normal ups and downs of real estate transaction. The former is really a questionable practice from my perspective. I bought 2 houses before and understand the competition and negotiation involved. I went through the effort to discuss and prepare an offer with my agent, put down the 'earnest' money, get myself preapproved. All these take time and effort. The assumption is there is good faith on both sides. If it turns out that the bank has a different bottomline all along, I don't see how this can be ethical. Maybe this is how business is conducted nowaday. In bank's defense, it's not just them. I heard many buyers/investors throw everything at the bank and see which one sticks. Well, sooner or later more people will get accustomed to how the game is played and adjust accordingly. Then new tricks will have to be invented. Not sure this is good for the real estate profession.

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Michael Ceparano
Michael Ceparano
Real Estate Pro
33647
Mon Jun 16 2008, 13:16

Anne, I am not saying you can't get a good deal with a short sale or a foreclosure, because you can, but it takes a special breed to be able to handle all the ups and downs of those sale processes. I am sure there are plenty of homes on the market that are not in those two catagories, meaning typical resales, as well as some new construction. Both of the latter will usually have repair contingencies and/or warrenty protection. Like I said, you can get a good deal, but if it turns into a bad deal a month after closing, you can count on one finger who will pay for any problems.... YOU. As far as I am concerned, nothing beats new construction.

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Anne
Anne
Home Buyer
Richmond
Mon Jun 16 2008, 09:43

Thank you, Daniel, for this helpful information. I have to say, as a buyer, I am not too thrilled about this bidding war strategy. I feel misled. It does not seem like honest advertising. If I could help it, I would avoid dealing with situation like this. I am a serious buyer, not a prospector, with great credit (780+) and willing to put down 30% down. I don't like to feel played.

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Daniel Ripper
Daniel Ripper
Real Estate Pro
Orinda
Sun Jun 15 2008, 19:47

Anne, most banks get 2-3 evaluations from Realtors and then an appraiser's opinion before putting properties on the market. Agents are graded by the banks on what percentage a property will sale for. So depending on the subject and how's its evaluated usually dictates market price.

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Anne
Anne
Home Buyer
Richmond
Sun Jun 15 2008, 19:31

Hi all, thank you for your answers. Why is it not a good idea to present multiple offers to the bank? How does this bidding war work? Listing agent submits offers when they come in, or he/she bundles them? I am not particularly looking for REO or short sale, but it's hard not to run into those nowadays.

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Chris Freeman
Chris Freeman
Real Estate Pro
Grand Rapids
Sun Jun 15 2008, 19:27

Sylvia,

I don't really see that as disagreeing....more like some banks covering their assets with a built in contingency! :)

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Sylvia Barry, M…
Sylvia Barry, M…
Real Estate Pro
Marin
Sun Jun 15 2008, 19:01

Yes, it is. Even though we don't like it, but if that's the only way to get buyers to pay attention and make offers on the property, then maybe that's the only way to go.

I am often surprised at how buyers refuse to make lower offers on a nice, none short sale/none REO homes but will dive in and overbid on a lower priced REO home and ended up paying more in the process.

So, perhaps it's not whether it's legal or ethical for agents to do that, but how realistic are buyers now a days and how they operate psychologically.

I do disagree with Chris on one thing (sorry, Chris) - many times the agent will say on the listing that the bank can refuse or accept any offer (which is true). So, even if there are five offers, the bank has it's own bottom line, they may or may not accept the offer even at listing.

Sylvia

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Michael Ceparano
Michael Ceparano
Real Estate Pro
33647
Sun Jun 15 2008, 18:57

I agree with Chris. One thing though, REO listing prices are usually approved by the lender, so they are aware of the possiblity of the full offer, but still it's not likely.

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Chris Freeman
Chris Freeman
Real Estate Pro
Grand Rapids
Sun Jun 15 2008, 18:53
FIRST ANSWER

Yes,

It is ethical and legal to create a bidding war. It is in the best interests of their seller to do so. I would also think that it would be successful to boot. What Realtor wouldn't want 2-10 offers to put in front of their client.

I suppose that a potential downside is that they might get a full price offer with no contingencies from only one person, and then they would likely be obligated to sell at that lowball price. It could happen, but it is probably not likely.

Web Reference: http://www.OwnGR.com
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