The Old Bait and Switch by Buyers Agents: Not on My Watch.

By
Real Estate Agent with Labrum Real Estate

she devil It seems ethics for many Real Estate Agents and even their buyers has gone the way of the Dodo bird in this market. What folks don't seem to understand is not only are their actions morally wrong they are committing fraud and that there may be financial repercussions to be suffered. As far as criminal penalties I doubt that it will ever come to that as it's hard to substantiate.

 The newest situation I have encountered recently involves USDA loans in Menifee Ca. USDA will still make a 100% percent loan in certain areas and that, in my opinion, is a good thing for many consumers who are short on funds but have the income to repay the loan. The problem is due to the lack of "normal" properties that are not short sales and the fierce competition and multiple offers on Foreclosure properties (REO) some agents are not disclosing their clients are utilizing 100% USDA financing for fear their client will not receive a fair chance to get the home.

 Instead they are saying their buyer is going to get an FHA loan and that is why the initial deposit is low as FHA only requires 3.5% down payment. They feel the seller will stay in the transaction rather than put the property back on the market when they find out what the buyer is doing 20 to 30 days down the road and they even have loan officers verifying the buyer is going FHA. That is the reason I have all buyers cross qualify with my trusted lenders when their offer comes in to present to my seller whether it be a homeowner or one of my institutional clients.

 These agents know it takes both the sellers and buyers to sign Escrow cancellation papers in California to forfeit the buyers deposit money. If the escrow is not cancelled the seller cannot sell to another buyer so without a refund of deposit money the first buyer will not sign the cancellation. Sounds a lot like Blackmail doesn't it? It my opinion it is but there are ways for the seller to keep that deposit.

 In the past four years I have only had to use the loopholes to keep the deposit 5 times for my seller clients. The dollar amount is just over $19,000 dollars that went to my clients and as for the dollar amount my buyer clients have lost is zero as I don't lie to others and neither do my clients. If I was a buyer and my agent suggested what they were going to do and lie about the type of loan I was utilizing it would make me wonder how much are they going to dishonest with me.

 The Golden Rule applies in lfe and even Real Estate. Do onto others as you would have them do unto you.

 soldbycameron@gmail.com

 Helping others acheive their goals whether buying or selling since 1987.

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Rainmaker
1,334,295
Carla Muss-Jacobs, Principal Broker/Owner
BuyersAgentPortland.com | (503) 810-7192 Portland Metro Exclusive Buyers Agent | 100% Buyer Representation ~ 100% o... - Portland, OR
Buyer Focused ~ Buyer Results

A lot of info in your post, and it's a shame that something else sounds shady.  We're the same here in Oregon with regard to the EM being refunded -- has to be mutual, or it can tie up the property.   

Aug 01, 2010 12:48 AM #1
Rainmaker
190,653
Lois Davies
Century 21 Birchwood Realty, Inc. - Cape Coral, FL
Cape Coral & SW Florida

With banks not releasing money for loans, I have been seeing and hearing of more and more deceptive behavior.  Instead of raising the public perception of agents they are maintaining it at a little above "used car salesmen".  What a shame for honest agents.

Aug 01, 2010 09:30 AM #2
Rainmaker
180,499
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee California

Carla, All I want is for agents to be honest right up front.

Lois, A few bad apples tarnish us all.

Aug 01, 2010 01:12 PM #3
Rainmaker
284,932
Carra Riley
Realty ONE Group Premier Colorado - Denver, CO

Cameron.....As a child, I was taught "honesty is the best policy" and I still believe it even though I continually see dishonest actions by agents, buyers and sometimes sellers.  Representng yourself as a professional should be difficult when you have a devious heart!

Aug 01, 2010 05:30 PM #4
Rainmaker
180,499
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee California

Carra, You said it all.

Aug 01, 2010 09:08 PM #5
Rainmaker
635,440
Dawn A Fabiszak
Keller Williams Real Estate ( Denver metro area, Colorado - Aurora, CO
The Dawn of a New Real Estate Experience!

Cameron ~ I'm not aware of that problem here.  Can you file a complaint against the agent?

Aug 02, 2010 08:15 AM #6
Rainmaker
179,736
Denise Gentile
Coldwell Banker Associated Brokers Realty - Menifee, CA
REALTOR , Riverside County

Hi Cameron, It's amazing to me what some agents and lenders will do just to get their clients offer accepted. I have not heard of this bait and switch...so thanks for the thumbs up.  It is definately a good policy to get the buyer cross qualified with a trusted lender. Great advice!

Aug 02, 2010 08:32 PM #7
Rainmaker
180,499
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee California

Dawn, There is nothing the BOA or DRE can do to them.

Denise, Cross qualifying brings out the truth.

Aug 03, 2010 12:39 PM #8
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Rainmaker
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Cameron Wilson

The Short Guy - Murrieta,Temecula,Menifee California
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