Buying and Negotiating - Conflict of interest?

Buying and Negotiating - Conflict of interest?

Rental Property Investor · Raleigh, NC · Member since 2009 · 76 posts · 2 votes

There's a short sale I'm working and the negotiator is the biggest PITB that I've ever experienced. Seems like he's going out of his was to shut it down. When I talk with him, he says he's just waiting on a couple things to get back to him, then he calls the homeowner and says unless he gets authorization to speak with the realtor instead of me then he won't continue. I'm really not aware of anything that I've done wrong at all and I've been nothing but polite. He also told the homeowner there's a conflict of interest because I'm buying the property and negotiating it. Then he said I have no idea what I'm doing, blah blah blah. I've tried to call him but he avoids the calls and doesn't reply to emails and doesn't call back. I have no IDEA what the problem is here, I haven't had the problem with anyone else. Typically, people are actually impressed

Is this really a conflict of interest? As far as I know, companies do it all the time. It sounds like he's just being an *** for some reason.

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  • Rehabber · Tucson, AZ · Member since 2008 · 1k+ posts · 802 votes
    16y

    Have the seller to tell the negotiator to put the request in writing so they can have it reviewed by an attorney.

    This sounds like it could be an FHA backed loan. If so, then it is not uncommon for the negotiator to want to speak directly to the agent.

    Currently, the NAR is working with lenders to try and mandate that only licensed agents can negotiate directly. So, I expect it to get worse.

  • Residential Real Estate Broker · Payson, AZ · Member since 2009 · 3k+ posts · 1k+ votes
    16y
    Originally posted by Scott Hubbard:


    Currently, the NAR is working with lenders to try and mandate that only licensed agents can negotiate directly.



    Well that's stupid! NAR (or should we say Mafioso) should worry about improving Agents intelligence levels, maybe make it so any Joe Schmo with a heart beat and a exam fee check in their pocket can't just get a license without even knowing how to spell real estate.
  • Will BarnardPro Member
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    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    16y

    DUe to law changes in October of 09' in CA, that is now the case, although it is not just licensed agents, but also any person with a DRE license or an attorney.

  • Rental Property Investor · Raleigh, NC · Member since 2009 · 76 posts · 2 votes
    16y

    He's still ignoring calls and emails and seems to be very two-faced. Tells the homeowner it's all over unless he can work with the realtor and then updates the file saying he just needs a couple forms (I'm aware and working on it). I'm considering trying to contact his supervisor to see if we can get a new negotiator. Opinions? I'm working another short sale with the same bank and have good rep with her, can I ask if she can do anything?

  • Investor · Melbourne, FL · Member since 2008 · 90 posts · 39 votes
    16y

    Justin, if she is helping you (and especially if you have already closed one deal with her), then bring up this issue with her. She may be willing to take over that account and work with you. It is a coin flip if you escalate to the supervisor.

    We have had an issue similar to yours and escalated. This was with Freddie Mac itself, but from all appearances, Freddie Mac is no longer willing to sell properties to us in one of our DBA's because we ended up contacting not just the supervisors and upper management, but also our federal representatives.

    That is a long story, but suffice it to say, we were not able to purchase that property and ever since, that DBA has not been able to purchase a Freddie backed property.

    Other times, we have escalated and that has produced results.

    The moral is always work at the lowest level until all of those resources have been exhausted. Then, and only then, escalate.

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