Gainesville Short Sales – Do I have to pay for the Short Sale Real Estate Agents Commission? Question number 8 of the top 10 questions asked about Gainesville Short Sales is…Do I have to pay for the Short Sale Real Estate Agents Commission?
Technically the listing agreement is between the Gainesville seller and Gainesville listing broker.
The short sale bank does not sign the listing agreement because they do not own your property and do not retain title to the home. Florida is a judicial and deed state meaning the bank would have to go to court in order to force you to sign over title to them such as in a foreclosure.
The listing agreement does make the seller responsible for the commission, however, there are short sale addendums that Anson Properties uses that state the seller is experiencing financial a hardship and they will not be responsible for any commissions or fees to the listing brokerage and any commissions will be paid at closing without it being an out of pocket expense by the seller.
The short sale bank may negotiate down the commission in order to approve the short sale and both the listing agent and buyer’s agent sign an addendum agreeing to this up front.
Here is how this process works:
When the offer comes in it should be reasonable and not too far below Gainesville fair market value. Low ball offers will only delay the Gainesville short sale process because they ultimately are not accepted by the seller’s short sale lender and only causes a delay in the short sale itself. The home is also taken off the market for a specified period of time only to come back on again for a more serious buyer. Anson Properties will encourage the seller to only accept and work with a reasonable offer that should be submitted to the short sale bank.
The short sale bank will want to know what the associated fees and costs of the transaction are. This includes Gainesville real estate commissions, attorney’s fees (if they pay them at all), Gainesville taxes, closing costs, seller contribution to buyer’s closing costs (if any), and any HOA fees, etc. They request what is called a HUD1 or closing statement in order to see the breakdown of costs.
Working backwards, the short sale bank will determine the net they require for the Gainesville short sale payoff and will add on the associated costs mentioned above onto the HUD to determine the approved short sale value and approval of offer. Sometimes they will require a reduction in commission or reduction (maybe even exclude) any of the associated fees, a cash contribution by the seller or request the seller to sign a promisory note at closing in order to provide the approval letter.
With the HAFA program the Gainesville Short Sale value is pre-determined for the listing price and the home is advertised with accordingly. On a traditional Gainesville short sale the listing agent does a market analysis using recent sales of like kind properties in order to recommend a list price to the seller.
The price will be slightly more aggressive than a traditional listing in order to get the home under contract fairly quickly. It should not be priced too low because the bank will deny the Gainesville short sale. They do their homework and will hire a third party to provide them a market evaluation such as a BPO (Brokers Price Opinion) or appraisal.
For the seller, this means the Real Estate commission is paid at closing and will not be coming out of their pocket at the closing table.
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Call Stephanie Anson today at 352-260-0153 for a confidential phone interview regarding your options.
Please seek legal advice. This information is for informational purposes only.
Contact Stephanie Anson, CLHMS, CDPE, SFR, Realtor®, Anson Properties LLC. Licensed Realtors® in Florida at 352-260-0153 to list your property for sale or to purchase a property in Gainesville, Archer, Alachua, High Springs, Waldo, Keystone Heights, Hawthorne, Melrose, Cross Creek, LaCrosse, Williston, Earlton, Ocala, Micanopy, Newberry, Kanapaha, Haile Plantation, Duck Pond and the rest of Alachua County Florida, Orange County Florida and Seminole County Florida. We are accepting referrals.