Hi Victoria,
My question to you is "Why with all the homes currently available, would you want to get yourself involved with this one?" Based upon the limited amount of information you have shared, I would be inclined to tell you that this situation would not be likely to result in your buying this home, or in its getting approval for a short sale to begin with and here's why...
One of the things that the lender needs to see in order to be compelled to even consider allowing a short sale to take place is hardship. And hardship does not mean that the property is now overvalued or that the current owner no longer wants to pay for the home, it means that they no longer can pay for the home. Loss of job, divorce, illness, these are the types of things that need to have occurred for a short sale to be an option. A home which is owned but not lived in by the owners and is rented out is now income property and that makes things sticky indeed.
Short sales are not designed or intended for investors who made a bad investment, but rather for borrowers who have had tragedy befall them. If these homeowners are still collecting rent then, by all rights they should still be paying their mortgage and if they are, the odds of them qualifying for a short sale are slim indeed
As for the "I will only send the bank your offer and the tenants..." now let's think about this for a moment shall we... How does a Real Estate Agent get paid for their services? By commission on the sales price, right? So, why would an agent be willing to undertake the significant amount of difficulty, stress and irritation that trying to negotiate a short sale will cause knowing that by restricting the offers to only two bidders (one of whom they already know will be bidding low) will also restrict the amount of money they will earn for their work. It doesn't sound right to me.
As for being locked in, until the offer is accepted by the seller and the lender, assuming you write the offer properly using the appropriate contracts, you can back out at any time.
My best advice to you would be to run, not walk to another transaction with another set of players where your odds of success are increased and where you don't worry about whether the agent has your best interests at heart. I can assure you that if you are already getting that vibe at this stage of the game, it will only get worse and your "spidey senses" are probably not tingling for no reason. This deal just doesn't sound right to me on lots of levels.
Lastly, if you do decide to try to go ahead with this or any transaction, do yourself a huge favor and find an honest, reputable, trustworthy licensed Realtor, not just a Real Estate Agent (there is a difference, it is not just a generic title) who represents you, the buyer and not the seller. It won't cost you any more to hire a good representative than it will to hire a bad one (as the seller pays the buyer's agent's commission so the buyer's agent's services are free to the buyer) and it may save you a bundle.
If you are in need of assistance, would like additional advice or have any other questions, please feel free to get in touch.
Take care and have a great day!
Tisza Major-Posner, Realtor, IVPG Realty (909) 837-8922 or (213) 382-4084 tisza@homesbytisza.com - Thu Oct 2 2008, 11:00