Thank you for the the suggestion to disclose the broker representing the backup offer.

The squatter says that he paid money to someone to rent the house. It was not the seller. He thinks it was someone who broke into the property changed the locks and posed as the owner. I suspect that this is bologna and he is a "professional" squatter that makes a living doing "cash for keys" deals. I, personally, have never seen his documentation, nor has my agent, and this information is coming through the listing agent. But bottom line is that the seller has never rented or heard of this person.

The seller is pretty hands off at this point. It is a short sale and has been approved to be such. He has even given "power of attorney" from what I hear to the agents to handle this situation.

The listing agent is unwilling to approach the seller in order to move the contingency date and to extend the inspection contingency date. I tried to offer removing the loan contingency, but then to extend the inspection contingency for a couple of weeks, but I was told by my agent that she was unwilling to do so.

The loan appraisal is on the backburner to the last moment so that I am not out appraisal costs. This is a ridiculous juggling act and one that I can't believe is happening.

Your agent should be dealing with this for you. If they are not working for your best interests, speak with the broker the agent works for. (assuming you are not working with the broker)

You should also request through your agent that the listing agent disclose what broker is representing the backup offers. They must disclose that if asked.

Personally I would be very wary of spending any money for an inspection until the occupant issue is resolved. Are they tenants or squatters? It can make a huge difference in getting them out., If they have a lease, it could survive the sale, in other words, you could buy the property only to have tenants with the right to stay there for a while

As far as the backup offer, if the bank has accepted your offer, it is the one they want to go with. The listing agent could be in for a bunch of bad stuff if they mess around and cause the deal to fall out because they now after the seller and the bank have accepted your offer are sending info to the bank about other offers. The agent should not be giving the bank more info on other offers if yours has been accepted in writing. No matter what the agent may say about the bank wanting to see all offers, he is not obligated to do that as he is not working for the bank, he has an obligation to the seller. I get that story all the time from agents and they do what their seller says, not the bank

I would ask to have the contigency period extended due to the occupant being there. You could sign off on all contigencies except fo rthe inspection. It could be dangerious to do an inspection under the circumstances and if you were my client I would recomend not ot get involved with a tenant that is in the property illegaly

How is the appraisal going to get done?

Bottom line....... your agent should be dealing with this for you. That's what they are getting paid for


Jay Gedanken
Broker Associate
SELLSTATE Next Generation Realty
858-605-58398
jay@Saveyoucash.com

Thank you for all your input. In regards to doing the inspections with the occupant still there. I would think that doing physical inspections would potentially be a waste of money if the occupant is allowed to remain after inspections occur. The occupant can do a considerable amount of damage to the house after my inspections and after my contingency period is over. I don't want to be stuck with forfeiting my sizable deposit, paying for costly inspections that do not reflect the accurate condition of the house upon my possession of it. More importantly, and worrisome, is the fact that if the squatter is not evicted before my contingency period ends, then signing off gives the listing agent/seller/bank no incentive whatsoever to attempt to get the squatter out. The responsibility and cost of eviction would then be my responsibility and would potentially cost thousands in legal fees and delays. Thoughts?

They are not really working for the other offer (at least probably not). Who is working on getting the occupant out? and can you get in? If you can,then do your inspections. They don't have the right to be there, and you do. Don't go by yourself...

Good luck,
Joan Wilson (Realtor, SRES, Ecobroker)


California Cool 4 Sale
Prudential California Realty
Direct Phone: 760-757-3468
Fax: 760-946-7894
JoanWilson@prusd.com
License # 01341483

It is my Goal to Increase the Success and Profitability of Those I Serve

Ethics is definitely a big deal in real estate...and should be! It protects you and the other party. The listing agent should contact your agent and they would relay the information to you. It is your agents job to make sure that they are working for you keeping up-to-date with the status of your offer.

What does your agent say about this type of behavior?

If need be, I can refer someone who is very good in your area. Let me know. Just contact me at the link below.

Happens alot.. especially if the back up is the listing agents buyer...

I suggest doing your inspections and review your contract regarding conditions and removal of conditions..