Hi every one. I have a deal I have been working on since October. Loan is with SunTrust (Freddie Mac). My LLC stepped out of the way to let the end buyer buy directly from the bank. Agent is only getting 3% and my negotiation company was going to get 3%, purchase price is 100% of BPO. Negotiator says we have final approval on the first but they (Freddie) will not pay the negotiation fee. What should I do. My LLC (the original buyer) still has Notice of Option on Property. Also end buyer has agreed to pay me $2500 for negotiations for him. Thanx Any help would be great.
Let the agent get 6% and collect 3% from the agent at closing from the title company by having them paying you a a short sale processing fee. You can accomplish this by submitting a new HUD 1 to the negotiator (lender) removing your 3% and adding that 3% to the commissions. Then, have the agent sign a fee agreement between you and him where it is deducted from the 6% at closing.
Thanks guys for the replies. Scott would I have to pull the offer or just resubmit a new HUD. My buyer has been approved for USDA, who the Broker has told me they will be out of money at the end of April so time line is tight. I hate to resubmit and it take a few weeks for another approval. I think I will just take my $2500 from the buyer and chalk it up to education. I do like your strategy for getting paid in the transaction.Had I known Freddie would not pay negotiation fee I would have taken a different rout. They are making out I brought them a buyer at 100% BPO with a 3% Realtor fee, and will not compensate me. Negotiator says they will just foreclose.
In my opinion, since the deal submitted is already 100% BPO, I believe you have a good shot. Agents are allowed to make 6%, however, since there is only one agent you should expect a counter-offer to reduce the commisions.
Since your buyer is paying your fee and is using USDA loan, I would make sure that they will allow that buyer pay your fee. In know FHA/VA will not allow for it.
I would resubmit especially if you are not sure about USDA paying your fee.
You will find your fee is rarely paid for by the investors even like it seems it is a good deal.
This is an update to this post. We finally got this one closed this week. Interesting part was that my end buyers were actually the tenants living in the house. Well a real estate agent showed up on the door step to gain occupancy for the bank. The freakin bank forgot to notify the foreclosing lawyer's office that they had accepted a short sale offer and they foreclosed on the house. So here we are a week before closing everything lined up and the flupin bank forecloses. And we all know how easy it is to get up with the closing agent for the bank, mail box is full and won't answer your emails. Our lawyer finally got up with SunTrust closer and she said that Freddie Mac wanted a "Guarantee" that it would close on the 21st before they would resend the foreclosure. Every body involved was calling yours truly to see what we should do. ($hit I don't know) full steam ahead. Got funding approval from USDA first thing in the morning on the 21st and it closed at 2pm A to C. Original debt was $270k negotiated sell price $155k gross appraised at $220 I got paid $2500 bucks from the end buyer out side of closing for negotiation and them staying in the house they love. Real estate agent said couple was so happy that there was alot of huggin and kissin going on in the lawyers office. I guess not sometime but all the time it is about Good Kharma.
Deal # 2 done and under my belt been working on it since October, fair warning Sun Trust is SLOW and non responsive.
In my experience, having been through what you just described more times than I care to remember, it is very important to follow-up with the attorney or trustee handling the short sale about the closing date. I always make sure the title company sends am estimated HUD 1 to the lender as soon as possible. Hinsight is 20/20.
No Doubt. Where was that in the Short Sale Get Rich Course. It is on my White board now
"it is very important to follow-up with the attorney or trustee handling the short sale about the closing date."
This is not a good suggestion as there is only 1 agent involved. This must be disclosed to FM, and they will only pay 3%. The negotiator may miss the fact that there is only 1 agent and let the 6% slide (if they suck at their job), but in my experience, they already know that there is only one agent and will only allow the 3%. Submitting a new HUD with your fee as commissions would not fly in my opinion.