When Should You Use a Short-Sale Negotiator?

Realtor Ron Ginyard
Ron Ginyard has the experience you need to successfully realize your real estate goals.
Short sales abound, but many real estate sales associates do not possess the time, training, or temperament to process this type of transaction. In particular, many sales associates would rather use the time that would be lost processing paperwork to instead pursue marketing, lead generation, and other more productive activities. Rather than distract themselves from their core tasks, sales associates handling a short-sale listing can benefit from the involvement of a short-sale negotiator, but they must be careful to adhere to rules on agency relationships, insurance, and compensation. Home owners may choose their own negotiator, although they often do not have the expertise to select the best professional; selling sales associates may retain a negotiator as part of their team, or this individual may be an independent contractor that they hire; or the buyer's sales associate may bring in the negotiator, although this may lead to agency issues since the buyer's sales associate then begins to represent the seller. In any case, it is critical for listing and selling sales associates to be certain of their Errors & Omissions policies, which may or may not cover these activities. They also must take care to address how the negotiator will be paid — out of commissions that have been earned or as a separate or negotiated fee.
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Short Sale: What Happens if The Lender Wants the Agent to Take a Paycut?

Sometimes a lender will try to pressure the agent/broker to take a commission cut in order to make a short-sale happen. Most usually this occurs at the 11th hour after all parties have invested a lot of time and effort making a deal happen. It's one thing to negotiate a lower fee before the work starts. It's quite another to wait until after the work is done to start negotiating a deal. So what when the lender tries to pinch the broker?

4 Big Short Sales Hang-ups

Realtor Ron Ginyard
Ron Ginyard has the experience you need to successfully realize your real estate goals.
Short sales are increasing this year, and these transactions can take up to three times longer than a traditional transaction. A lot can go wrong in that timeframe. These are the most common delays, according to a recent article by George “Gee” Dunsten, a real estate broker and president of Gee Dunsten Seminars, at RISMedia.
  1. Title issues: Be sure to do a title exam at the beginning in order to identify all individuals on the deed and mortgages, and determine all lien holders.
  2. Lack of communication with the lender: Lost documents and misunderstandings commonly cause delays. Make it a habit to follow up with the mortgage servicer twice a week to avoid unnecessary delays.
  3. Delaying the start: Some short sales have not even begun until a contract to purchase has been initiated. But this could add up to two extra months to the process. The lender won’t even look at a buyer contract until a seller candidate for a short sale is approved and the market value has been determined, Dunsten writes.
  4. Incomplete packages: Make sure you carefully submit all the documents completely and accurately. Submitting incomplete packages is another common culprit of delays. All home owner financial information will need to be kept current and forwarded to the servicer every 30 days, Dunsten writes.
Source: “Avoiding the Dirty Dozen Barriers to Short Sale Success,” RISMedia (Feb. 20, 2013)

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