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Mauricio Hernández
  • North Hollywood, CA
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Short sale pocket listing. Fraud?

Mauricio Hernández
  • North Hollywood, CA
Posted Oct 13 2013, 03:38

Hi I am new to this site and I'm in need of advice. I have been contacted by an agent letting me know of two of her shortsale listing that she guarantee the owners will take my offer. I went to see the houses and submitted offers on both properties according to the agent recommendation and listing price. She later I informed me that if the bank accepts the offers I would have to pay $5K finders fee to her and $6k move out fees to the seller in cash and outside escrow. Also I found out when signing the offer that she is not representing me and only representing the seller. When asked her about it she says that she is letting a colleague representing me to avoid the bank reducing her commission if she would represent us both. I didn't have a problem doing any of that until I found out by talking to another agent that paying cash out of escrow is consider fraud in a shortsale transaction. So I'm ready to call her on Monday and cancel the deal.

On the other hand both are very good deals if the banks actually accept the negotiated purchase price. I'm wondering if there is any way I could continue with this transaction in a legal manner by asking her to disclose the finders fee and buyers fee in the contract. Also by searching in the internet I found out that agents manipulate the acceptance of the offers in order to make the deal happen. How could I find that out? I'm sure that if I asked I won't get a straight answer.

Please advice if there is anyways this deal can happen with out breaking the law or what should I do at this point.

I have been looking for my first property to flip yet.

Thanks,

Mauricio

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