Got into contract and realtor and lender are now upset

Got into contract and realtor and lender are now upset

Member since 2020 · 404 posts · 235 votes

Long story short. I got into contract for a duplex 80k off list price with the listing agent who had me pre-approved with her preferred lender. She has a long working history with this lender and at this point I'm sensing they are very buddy buddies.

We start escrow and the lender says he can get me 5.875% with 1 point. I was okay with that until I talked to my neighbor who referred me to another reputable lender (they both got steller reviews) and he quotes me 5.5% with 1 point so a fairly significant difference. 


I first brought it up the the listing agent who claims a big part of getting my offer accepted was because I got approved by their preferred lender. She seem a little flustered at first but after telling her the other lenders name and credentials she cooled down and said ultimately it's my choice.

I did go back to the preferred lender to see if he can match and he said 5.625 with 1 point is best he can do. It nets to about $70/month difference versus the 5.5%. 


My question is it worth it starting off on wrong foot with the listing agent who is representing both sides over this difference in rate? We are just starting the process day 1 with many steps and potential hiccups along the way. I definitely want her to be in my corner.

We have a 30 day close with contingency in place but I do worry now base on the verbiage and almost like a threat in how they both responded. They both replied back it was a team effort in getting my offer accepted and made it sound like without the preferred lender they may have gone a different direction.

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Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
4y

The realtor makes their money on the commission.  If you finding a lower cost loan affects the relationship, it's not a relationship worth losing money to maintain.  I'm taking the $70 a month. 

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  • Investor · Kennesaw, GA · Member since 2018 · 98 posts · 127 votes
    4y

    If you got $80k off the price, probably worth it to use the very slightly higher interest rate. Also, if you keep people happy they will be more likely to come to you with another deal.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Is the realtor representing the buyer and the seller or by both parties do you mean the lender and you?  $80K is a pretty big savings on the home.  Yes it is $840 per year.  Are you planning on buying more properties in the near future?

  • Member since 2020 · 241 posts · 179 votes
    4y

    Dubious.  Technically, the agent should represent the fiduciary duty of the seller that she represents-not you or the lender she has referred you to. It seems your agent is representing both you and the seller and the lender. This will result in double commission and additionally, perhaps a kickback from the lender. It seems she is acting as a wholesaler to pad the commission.
    Did the property get listed on the MLS or was it a pre-MLS sale? If the property was on the MLS for a week and you had the best offer, it's possible it was priced way to high to begin with. You should chose your lender, not the agent

  • Banker · Minneapolis, MN · Member since 2017 · 257 posts · 143 votes
    4y
    Quote from @David P.:

    Long story short. I got into contract for a duplex 80k off list price with the listing agent who had me pre-approved with her preferred lender. She has a long working history with this lender and at this point I'm sensing they are very buddy buddies.

    We start escrow and the lender says he can get me 5.875% with 1 point. I was okay with that until I talked to my neighbor who referred me to another reputable lender (they both got steller reviews) and he quotes me 5.5% with 1 point so a fairly significant difference. 


    I first brought it up the the listing agent who claims a big part of getting my offer accepted was because I got approved by their preferred lender. She seem a little flustered at first but after telling her the other lenders name and credentials she cooled down and said ultimately it's my choice.

    I did go back to the preferred lender to see if he can match and he said 5.625 with 1 point is best he can do. It nets to about $70/month difference versus the 5.5%. 


    My question is it worth it starting off on wrong foot with the listing agent who is representing both sides over this difference in rate? We are just starting the process day 1 with many steps and potential hiccups along the way. I definitely want her to be in my corner.

    We have a 30 day close with contingency in place but I do worry now base on the verbiage and almost like a threat in how they both responded. They both replied back it was a team effort in getting my offer accepted and made it sound like without the preferred lender they may have gone a different direction.

     I would argue 5.875% and 5.5% is not a significant difference. It is only 38 bps. Much less 5.625% and 5.5% or 13 bps. Relationships mean more to me than $70/month

  • Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
    4y

    The realtor makes their money on the commission.  If you finding a lower cost loan affects the relationship, it's not a relationship worth losing money to maintain.  I'm taking the $70 a month. 

  • Member since 2020 · 404 posts · 235 votes
    4y
    Quote from @Brandon Plombon:
    Quote from @David P.:

    Long story short. I got into contract for a duplex 80k off list price with the listing agent who had me pre-approved with her preferred lender. She has a long working history with this lender and at this point I'm sensing they are very buddy buddies.

    We start escrow and the lender says he can get me 5.875% with 1 point. I was okay with that until I talked to my neighbor who referred me to another reputable lender (they both got steller reviews) and he quotes me 5.5% with 1 point so a fairly significant difference. 


    I first brought it up the the listing agent who claims a big part of getting my offer accepted was because I got approved by their preferred lender. She seem a little flustered at first but after telling her the other lenders name and credentials she cooled down and said ultimately it's my choice.

    I did go back to the preferred lender to see if he can match and he said 5.625 with 1 point is best he can do. It nets to about $70/month difference versus the 5.5%. 


    My question is it worth it starting off on wrong foot with the listing agent who is representing both sides over this difference in rate? We are just starting the process day 1 with many steps and potential hiccups along the way. I definitely want her to be in my corner.

    We have a 30 day close with contingency in place but I do worry now base on the verbiage and almost like a threat in how they both responded. They both replied back it was a team effort in getting my offer accepted and made it sound like without the preferred lender they may have gone a different direction.


     I would argue 5.875% and 5.5% is not a significant difference. It is only 38 bps. Much less 5.625% and 5.5% Relationships mean more to me than $70/month


    Unfortunately this property will be breaking even or not cash flowing at all for little while until i can raise rent on the one tenant that is staying or find a replacement. The interest rate is actually the biggest issue besides the rise in purchase price. If i could of gotten this 6 months ago my rate would of probalby been in the 3 and 4% range and would cash flow just fine. 

  • Member since 2020 · 404 posts · 235 votes
    4y
    Quote from @Theresa Harris:

    Is the realtor representing the buyer and the seller or by both parties do you mean the lender and you?  $80K is a pretty big savings on the home.  Yes it is $840 per year.  Are you planning on buying more properties in the near future?

    Correct. Representing both parties. I had better luck over the years on getting deals with that method as long as I know how to protect myself with all the contingencies and do my due dilegence. This property will clean me out for awhile but I will always be looking to buy more deals in future. 
  • Ian WalshBusiness Member
    Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    4y

    If the agent isn't working on your behalf, then it's a bit of a conflict of interest here.

  • Member since 2020 · 404 posts · 235 votes
    4y
    Quote from @Tom Fidrych:

    Dubious.  Technically, the agent should represent the fiduciary duty of the seller that she represents-not you or the lender she has referred you to. It seems your agent is representing both you and the seller and the lender. This will result in double commission and additionally, perhaps a kickback from the lender. It seems she is acting as a wholesaler to pad the commission.
    Did the property get listed on the MLS or was it a pre-MLS sale? If the property was on the MLS for a week and you had the best offer, it's possible it was priced way to high to begin with. You should chose your lender, not the agent

    Yes it has been on the market for 14 days on MLS. The numbers are listed at 1.36M, in contract at 1.28M. Zillow estimate is 1.39M.

    Both units are currently occupied but the main house (2200sqft) is moving out this weekend and they had originally planned to host an open house at that point. Knowing that it was tenant occupied and not the best pictures were up, I tried to make a lower offer knowing that once the house would be empty it would probably generate a lot more traction. 
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    At that price point, $80K is change as is $70 a month.  Do what you feel is best.  If you don't plan on buying anything for a while, guessing a few years, don't worry about it.

  • Member since 2020 · 241 posts · 179 votes
    4y

    I wouldn't buy it if your feeding it each month. As interest rates increase, I can't believe property prices won't decrease. You don't want to own a cash flow negative property that is under water. 

  • Real Estate Broker · Columbus, OH · Member since 2021 · 203 posts · 247 votes
    4y

    If you are cash flowing negative off the rip take the lower interest rate. I would let your agent know how the financials look and they will understand. 

  • Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    4y

    @David Pai - you are under contract. It doesn’t matter who completes your loan as long as it is completed on time, according to your contract.

    The sellers chose your offer because they want to sell and your offer is acceptable. How your agent feels about using the agent’s favorite lender is immaterial. As an agent, I like some lenders because they get the job done and I know I won’t have any hassles with delay of closing. Make sure your lender is on the ball. It is very common for there to be a “last minute” problem, usually with an “underwriter” being blamed as the bad guy and additional information requested, delaying closing. There are other lenders who legally “give” agents things like helping pay for their Zillow leads. Some lenders make more on the loan if they charge you more.

    Ultimately you deserve to get the best price because this may be a 30 year loan and $70/mo over 30 years is not insignificant. I have dual tracked lenders 3 times before and closed with the one who ultimately delivered on time at the price they said they would. (Sometimes one says they will BEAT any price but then doesn’t). The most it costs me is an extra appraisal $400-500.

  • Joe S.Pro Member
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    4y

    It sounds like the realtor has a greater confidence in their preferred lender getting it to the finish line. More than likely that is the main concern.

  • Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
    4y

    I agree with @Natalie Schanne

    All that matters is you fulfill your contractual obligations laid out in the docs you signed. 

    Then the questions becomes which lender has a higher chance of getting you across the finish line on time? 

    Everyone saying that $70/month isn't that much forgets that you have to pay that every month for 30 yrs. The Net Present Value of the difference, depending on your views of long term inflation, is between $15-20k. Not an insignificant amount of money if you ask me. 

  • Investor · Dallas, TX · Member since 2016 · 887 posts · 1k+ votes
    4y
    In my opinion it's really none of the realtor's concern who the lender is as long as they're able to perform. Makes it seem to me like she and the lender have a deal to send all of their clients to each other. That's obviously not in your best interest, it's in her best interest.

    Your best interest is to get the lowest rate with least amount of fees and points. I would take the $70 a month and run.

  • Investor · Dallas, TX · Member since 2016 · 887 posts · 1k+ votes
    4y
    Quote from @David P.:
    Quote from @Theresa Harris:

    Is the realtor representing the buyer and the seller or by both parties do you mean the lender and you?  $80K is a pretty big savings on the home.  Yes it is $840 per year.  Are you planning on buying more properties in the near future?

    Correct. Representing both parties. I had better luck over the years on getting deals with that method as long as I know how to protect myself with all the contingencies and do my due dilegence. This property will clean me out for awhile but I will always be looking to buy more deals in future. 

    This is the real reason the offer was accepted - not the lender. Your agent is working for 6% instead of 3%, so there was a big incentive for the agent to persuade the buyers to accept your offer. I highly doubt the lender had much to do with the offer getting accepted. Perhaps there was some kind of back room deal between the realtor and lender where the realtor would have made even more off the deal.

    In any event, sounds like you have no worthwhile representation. I would take anything that the agent tells you with a grain of salt. Hope you have a lot of experience and aren't counting on her for much. 

  • Rental Property Investor · Saint Louis, MO · Member since 2012 · 115 posts · 42 votes
    4y

    @David Pai

    Things are still selling. Did you get 80K off list or was the property overpriced? Doesn’t seem like it cash flows even with the 80K off. You might feel like you are getting a good deal 80K off, but if it’s overpriced to start with….

    Get a 3rd and 4th quote. Just asking your neighbor and someone who doesn’t represent you isn’t enough. $70/Mo for 360 payments is over $25,000. Take the lowest rate if you proceed.

    Agents aren’t even supposed to only present 1 option, should be 3 minimum so they aren’t liable of the lender doesn’t work out….

  • Specialist · Portland, OR · Member since 2010 · 3k+ posts · 1k+ votes
    4y

    @David P. stick with the original lender IMO.

  • Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    4y

    @David Pai I’d recommend getting your own representation.

  • Investor · Dallas, TX · Member since 2016 · 887 posts · 1k+ votes
    4y
    Quote from @Steve K.:

    @David Pai I’d recommend getting your own representation.

    I'm assuming he is contractually bound to this agent via the purchase agreement?? Not too familiar with this recommendation, is it common/ possible to fire a realtor while in contract? Or would he have to pay her 3% out of pocket?
  • Member since 2020 · 404 posts · 235 votes
    4y
    Quote from @Greg R.:
    Quote from @Steve K.:

    @David Pai I’d recommend getting your own representation.

    I'm assuming he is contractually bound to this agent via the purchase agreement?? Not too familiar with this recommendation, is it common/ possible to fire a realtor while in contract? Or would he have to pay her 3% out of pocket?

     Ya I don't think I can change at this point and pretty sure the agent pushed my deal through. It was only on market 14 days. If I was the seller I would of told the agent wait until the tenant was out this weekend until I consider any offer. Purchasing sight unseen (interior) isn't for everyone but it is built in 2007 and realtor did sent me some pictures of both units. 

  • Member since 2020 · 404 posts · 235 votes
    4y
    Quote from @David P.:
    Quote from @Greg R.:
    Quote from @Steve K.:

    @David Pai I’d recommend getting your own representation.

    I'm assuming he is contractually bound to this agent via the purchase agreement?? Not too familiar with this recommendation, is it common/ possible to fire a realtor while in contract? Or would he have to pay her 3% out of pocket?

     Ya I don't think I can change at this point and pretty sure the agent pushed my deal through. It was only on market 14 days. If I was the seller I would of told the agent wait until the tenant was out this weekend until I consider any offer. Purchasing sight unseen (interior) isn't for everyone but it is built in 2007 and realtor did sent me some pictures of both units. 


     Update- I'm going with the preferred lender at 5.625 1 pt. 

    Plot thicken- I talked to a mortgage agent at US Bank and she is offering 4.825 and no points for owner occupied. She said I should apply with both lenders and in 10 days I should know if the underwriter approves it.. A little conflicted because it is way better terms and would cash flow but I would be burning a bridge with the agent and lender even more if I string them along and change. The preferred lender looked over my case and said owner occupied would of been too complicated.

  • Investor · Dallas, TX · Member since 2016 · 887 posts · 1k+ votes
    4y
    Quote from @David P.:
    Quote from @David P.:
    Quote from @Greg R.:
    Quote from @Steve K.:

    @David Pai I’d recommend getting your own representation.

    I'm assuming he is contractually bound to this agent via the purchase agreement?? Not too familiar with this recommendation, is it common/ possible to fire a realtor while in contract? Or would he have to pay her 3% out of pocket?

     Ya I don't think I can change at this point and pretty sure the agent pushed my deal through. It was only on market 14 days. If I was the seller I would of told the agent wait until the tenant was out this weekend until I consider any offer. Purchasing sight unseen (interior) isn't for everyone but it is built in 2007 and realtor did sent me some pictures of both units. 


     Update- I'm going with the preferred lender at 5.625 1 pt. 

    Plot thicken- I talked to a mortgage agent at US Bank and she is offering 4.825 and no points for owner occupied. She said I should apply with both lenders and in 10 days I should know if the underwriter approves it.. A little conflicted because it is way better terms and would cash flow but I would be burning a bridge with the agent and lender even more if I string them along and change. The preferred lender looked over my case and said owner occupied would of been too complicated.

    Do yourself a favor and go with the best deal for you. You are the one who has to live with this loan and the consequences. This realtor and lender that you just met are not looking out for your best interest. 
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y
    Quote from @David P.:

    Plot thicken- I talked to a mortgage agent at US Bank and she is offering 4.825 and no points for owner occupied. She said I should apply with both lenders and in 10 days I should know if the underwriter approves it.. A little conflicted because it is way better terms and would cash flow but I would be burning a bridge with the agent and lender even more if I string them along and change. The preferred lender looked over my case and said owner occupied would of been too complicated.

    Don't string them along. Just tell them that you are talking to one other bank and do what the mortgage agent told you.  If you get approved at 4.825, then take that.
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