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Forums » Buying Real Estate » Dishonest RE Agents? How common is it?

Dishonest RE Agents? How common is it? Subscribe to Dishonest RE Agents? How common is it?

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Real Estate Investor · Toledo, Ohio


We put in an offer on a house this morning. The house had little activity on the RE sign in sheet on the counter and no offers as of this morning and has been on the market 11 days (not long, I know). But I find it ironic that we put in our offer this morning and the listing agent contacts our agent saying that at 4pm they received another offer so he's sending over a multiple offer sheet to sign.

This has happened to us a number of times and there is a part of me that wonders if RE agents do this to try and get a higher price? Now, I'm not trying to offend any RE agents on this board so please don't take it that way but in the world in general there are dishonest people and I'm sure that includes people in various professions, including RE.

Has anyone else suspected that an agent might be trying to up the offer by doing this kind of thing?

By the way, we aren't budging on our offer, that is our final and best offer as it's just not worth more than that. If there is a real, viable offer from someone else and they are an investor since the bank requires cash only, they might have an advantage over us of either a higher price and/or not asking for an inspection. I guess we'll see what happens...


Real Estate Investor


I would expect this from almost every bank-owned property. Ideally, they should be asking for highest and best without explicitly saying there is another offer (if there isn't), but this lie is told so often I don't think agents feel bad about it anymore. It's simply a negotiating tool for them.


Real Estate Investor · Toledo, Ohio


Wow, I'm not sure if I should feel relieved about that knowledge or not LOL! On the one hand if it's a common practice it's very possible there is no other offer! On the other hand it's disturbing to know there could be that much dishonesty going on.


Real Estate Investor · Kansas City, Missouri


I would think it would depend on the particulars of the deal. That said, I watched a very interesting documentary last night called Freakenomics, and they had a small bit in there about how RE agents were not always algined for sellers, but instead responded more (like everyone else) to an incentive/cost of work model. Very interesting. Having said that, there are shady people in every proffession.


Rehabber · Chandler, Arizona


Bank had a house listed at 125k on the market for over 100 days. I submitted an offer at 83k. They dropped the price to 100k that afternoon then countered me multiple offers the next day. I stood pat on my offer because I thought it was BS but stuff like that happens all the time.

Small_wh_logo_full_1600_350_black_cJustin S., Wheelhouse Properties
E-Mail: wheelhouseproperties@gmail.com
Telephone: 4806780446
Website: http://www.wheelhouseproperties.com
Realtor, Re-modeler, Cash Buyer


Real Estate Investor · Indianapolis, Indiana


Kel, this happens on half of the properties that I put an offer in on. The house could be sitting for a month then whe I put in an offer, I get the "multiple offer" response. Agents do this all the time to get you to bump your offer so they can get it sold. It has worked on me a few times as I have bidded against myself. Hold your ground and let us know the results.


Commercial Real Estate Broker · Canton, Georgia


The realities of the real estate business.

85% of agents do not survive the first year.Of the 20% that survive the first year 90% of those are gone by year five.

It's a brutal and unforgiving business where only the best of the best not only survive but thrive.

If you are an agent on a 70/30 split and you sold 1 house a month at 100,000 sales price it would look like this.

12 sales at 3k commission is 36,000 at 70% is 25,200 before costs to the agent.Take away all the dues,fees,gas,etc. they are making the poverty level.

The average agent yearly income is in the 30's. The problem is the numbers are skewed.You have many making nothing to 10k a year and a few doing well above the 30's in income.

So NO I am not surprised at thing agents do to stay in the business and pay their bills.I am not agreeing with it just stating reality for many of the agents.

With the failure rate of agents you have a constant churning of agents into and out of the business.So a majority of agents want to make the most out of the few sales they do a year before they fall out.

Some other brokers and agents always get mad at me when I state this but the facts are the facts.If you want to close deals we can't be in fairyland of how things are supposed to be in a perfect world. Instead you deal with reality to get the deal closed.


Real Estate Investor · Atlanta, Georgia


Originally posted by Kel S

This has happened to us a number of times and there is a part of me that wonders if RE agents do this to try and get a higher price? Now, I'm not trying to offend any RE agents on this board so please don't take it that way but in the world in general there are dishonest people and I'm sure that includes people in various professions, including RE.

Has anyone else suspected that an agent might be trying to up the offer by doing this kind of thing?

You make it sound like the agent is doing a bad thing by trying to get a higher offer. It's not just the agent's job to get the highest price for their client, it's their legal/fiduciary responsibility to try to get the highest price.

I have a feeling that if you were the seller as opposed to the buyer, you'd have more appreciation for the agent's efforts and tactics. Btw, most REO agents I know are now calling for highest and best regardless of whether there are multiple offers. In many cases, they don't even mention multiple offers, as it just doesn't matter.

J Scott, Lish Properties, LLC
Telephone: 770-906-6358
Website: http://www.123flip.com
http://www.123flip.com


Real Estate Investor · Toledo, Ohio


J Scott,

I think there is a difference between asking for highest/best up front vs. lying.

For example;

Party A puts in an offer. RE Agent says there is suddenly another offer by Party B (who doesn't exist at all) and the agent comes back to Party A and says give us your highest and best. In my opinion this is manipulation on the RE part. Creating a fictitious offer from a party that doesn't exist in order to try and get the original party to go higher on their offer is just plain wrong.

It reminds me of how some auction houses will put in a fake bidder (s) in the audience to bid against real bidders in order to jack up the price. It's just a slimy business practice IMO.

If I could prove that an agent was doing this, I'd report them to the powers that be. I think if more people did and there were reprocussions for the agents that got caught, we would possibly see less of this happening.


Real Estate Investor · Toledo, Ohio


Also in cases where the RE is lying and saying there are multiple offers it wastes people's time and resources including the buyers agent in some cases. My fax machine is broke so my agent has to drive 20 minutes to bring me the multiple offer sheet this morning. That is her time, gas, etc., Just one more reason why RE should have consequences imposed if they get caught creating fake mulitple offer situations. Just my opinion.


Real Estate Investor · Portage, Michigan


Originally Posted by J Scott

You make it sound like the agent is doing a bad thing by trying to get a higher offer. It's not just the agent's job to get the highest price for their client, it's their legal/fiduciary responsibility to try to get the highest price.

I have a feeling that if you were the seller as opposed to the buyer, you'd have more appreciation for the agent's efforts and tactics. Btw, most REO agents I know are now calling for highest and best regardless of whether there are multiple offers. In many cases, they don't even mention multiple offers, as it just doesn't matter.

I usually agree with your responses, but the agent not only has a fiduciary duty to get the best deal for his client, but under the Realtor Code of Ethics, they cannot also give false information to another agent or party to the transaction. It is always ok to ask for the "highest and best" or to counter an offer. They just shouldn't say there are multiple offers if there are not.

Kel...good luck. You will find out soon enough if yours is the best (or only) offer!


Residential Real Estate Broker · Durham, North Carolina


As someone who lists REO properties, I can tell you that many agents do not complete the signin logs at the property. You can't use that as an indicator of interest in the property.

Is the agent lying to you? I have no clue. The bottom line is that you've made your best offer and they will either take it or not. Good luck!


Real Estate Broker · Halifax, Nova Scotia


It's unethical and if an agent were to do that in my office I would be dismissing them but in cases where it does happen a prudent agent would use all means possible to get the highest price for his/her clients.


Commercial Real Estate Broker · Canton, Georgia


"My fax machine is broke so my agent has to drive 20 minutes to bring me the multiple offer sheet this morning."

Kel do you not have a scanner?? All my faxes are electronic these days and come in my e-mail.

If your stuff is old and breaking down like that it might be time to upgrade to new technology.

As far as turning agents in the licensing commissions do not care about Ethics.If a broker or agent is licensed but not a REALTOR then you don't have a leg to stand on for an Ethics complaint.

Sure you can go to the broker and they might release the agent but that agent can simply sign up at another brokerage again with nothing on their record.

If you do have a license law broken the real estate commission will make you get sign and notarized under oath the facts you are stating.Only then will they assign an investigator to the case.

Their department is stretched thin with limited resources just like everyone else these days.They get a bunch of calls from frustrated buyers and sellers complaining about everything under the sun.Their answer is always "file a report". 90% of them do nothing and hang up.

Don't get worked up over the "multiple offer" situation.Whether you like it or not you will run into it again whether there actually is one or not.It's the cost of doing business.


Real Estate Investor · Toledo, Ohio


Yes, I have a scanner but ironically the other day the 3 in 1 printer/scanner/copier decided it isn't going to work. So I've been messing with it trying to install new drivers, etc., Argg! So not for lack of technology...just technology isn't being nice to me right now.


SFR Investor · Scottsdale, Arizona


I honestly wouldn't let it bother you that much. If someone is being a little shady and you can easily prove it, then call them out on it and teach them a lesson.

Otherwise, there should be more than enough other properties that make sense for you to pursue. Spend your time and energy on those. If you placed what you feel is the highest and best offer on this property, regardless if in fact or you just have the feeling, that the listing agent is playing games, your offer is your offer. Don't let them get into your head either way.

Like others have mentioned. If this person is in fact not playing by the rules, he won't be around that long. Don't involve yourself into his/her ultimate demise.


Real Estate Investor · Cincinnati, Ohio


If the call was for H&B, period, then at a minimum I'd ask the listing agent to state (or ask through your agent) whether there are "multiple offers" at this time. At least you gain some valuable info that way. If they're honest, and won't make this affirmation because there are in fact no other offers, you may want to temper your bid as a result. Just not a lot you can do here, other than know your max offer.

The listing agent is trying to get a viable offer (few contingencies) that hits the asset manager's minimum for the property. I've been curious as to whether the LA normally knows what that minimum is, or if they're just making a highly educated guess based on DOM, knowledge of lender, premium accorded to a no-contingency offer, etc. I assume it's the latter.

Telephone: 502-321-6328


Commercial Real Estate Broker · Canton, Georgia


That's the problem with the 3 in 1's. If one thing breaks the rest is useless.

The scanners are really slow to.The benefit to separate machines is they are easier to fix and they generally work much faster as they only do one function.

I have a 3 in 1 as well but I never update the drivers or any of that stuff.I have found by turning off the software updates it keeps my machines in perfect order.

Good luck with the drivers. Years ago I had a problem like that and spent 45 minutes on the phone with someone overseas.The English was limited and I knew more than they did about how to fix it.

I don't call anymore as it's a waste of time.I usually go on the net and find the solution right away.


Commercial Real Estate Broker · Canton, Georgia


Generally the asset manager is trying to hit 90% of the BPO value.

The listing broker/agent completes a BPO when listing and then every 15 to 45 days thereafter depending on the asset manager will be asked to do a new evaluation as to what the property price should be changed to.

Initially before listing the asset manager also gets a third party broker/agent who does not have the listing to complete an interior BPO.The asset manager puts more weight on the third party BPO as that person is simply being paid a fee (usually 50 to 90 dollars) instead of getting the listing assignment.

Sometimes the asset manager will go lower on a property.It depends on activity on the property so far,condition of the property,how much already that is non-performing on the books that they need to purge etc.


Real Estate Investor · Atlanta, Georgia


Originally posted by Bill Patterson

I usually agree with your responses, but the agent not only has a fiduciary duty to get the best deal for his client, but under the Realtor Code of Ethics, they cannot also give false information to another agent or party to the transaction. It is always ok to ask for the "highest and best" or to counter an offer. They just shouldn't say there are multiple offers if there are not.

I'm not 100% sure I actually believe what I'm about to write (haven't decided yet), but I think it's important to consider either way...

First, not all agents are Realtors, so the code of ethics for Realtors doesn't necessarily come into play. That aside, I'm not convinced that lying during a negotiation is unethical.

As an example, is saying, "this is my best offer...take it or I will walk away" unethical if you have no intention of really walking away? It's clearly a lie.

What about an agent who gets asked if she has had much interest on a particular property. If she hasn't had any showings, is she obligated to tell the truth that there's been no interest? Would you want your agent telling people that?

Negotiation is about having more information than the other side, and lying is one way to achieve this. While I'm still on the fence about the ethics of this particular situation, I certainly don't believe it's clear cut. And as someone who has done negotiation on some very large M&A deals, I know for a fact that lying about circumstances is pretty common among big negotiators.

J Scott, Lish Properties, LLC
Telephone: 770-906-6358
Website: http://www.123flip.com
http://www.123flip.com




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