May 23, 2009: Foreclosures are bringing unscrupulous practices back to the Phoenix real estate market
There was a time, just a few years ago, when the residential real estate industry in Phoenix worked like a well-oiled machine.
We were all using the same court-tested paperwork -- all the same way and all according to the same standards of care. Realtors knew what to expect of each other, and our arbitration systems made sure we could trust each other.
No more. We're back to the days of wild west real estate, where every critical detail is negotiated verbally and where every promise is as sound as a three dollar coin.
It's not the banks who are at fault, at least not directly. Every purchase contract for a bank-owned home will be rewritten by the bank, but lenders are keeping their promises, even their verbal promises, on foreclosed homes.
Short sales are another matter entirely. Many agents handling short sales are scrupulously honest, letting buyers know exactly where they stand and keeping everyone up to speed.
But there are agents who treat short sale listings as an undisclosed silent auction, submitting every offer to the lender and not informing buyers they are being pitted against each other.
So you wait six weeks to six months for a response from the bank, only to learn that the property will be sold to someone else. The upshot is that short sales are not a viable option for anyone who needs to move by a specific date.
That's a worst case scenario, but in this little mini-boom we're going through, we are once again seeing some of the worst practices from the boom years.
For example, the bidding wars you've read about are carried out by means of the Multiple Counter Offer form. Each buyer is invited to make a better offer, without knowing what the other offers are, without knowing how many there are, and without knowing if the other buyers are even still in the game.
I can't imagine a situation less fair to buyers. This is the kind of opacity we can expect efficient market systems (read: the internet) to fix going forward.
Greg Swann is the designated broker for BloodhoundRealty.com, a full-service Metropolitan Phoenix real estate brokerage. This article originally appeared in the West Valley regional sections of the Arizona Republic.
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