As I often do, I was reading over some of my favorite blogs today and a very interesting question came up. I was a bit shocked by some of the responses and I would like to know how our members would see the situation. I am not going to provide this agents name, state or contact information. Just think of this as a hypothetical situation so, here it goes…….. “I just got a contract on a REO I have listed, I learned through the city utility department that the house was fined $400.00 for lack of lawn cutting should I tell the Asset Manager or should I negotiate with the buyer and have them pay it?” Anonymous So, what are your thoughts, would you tell the Asset Manager?
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Jesse Gonzalez is a highly accomplished and respected real estate professional with a wealth of experience in the industry. With a career over 15 years, Jesse has established himself as a leading real estate sales and marketing expert.

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Comments

  • So Regina isn't the only to post in an old thread, I'll add my 2 cents. :{

    In the Atlanta Metro area, most of the Cities and Counties have adopted policies that if they cannot make contact with a property owner or manager, they will fine or cite (criminal charges) the listing agents. More and more jurisdictions are doing this due to the flood of vacant foreclosed properties.

    I was able to prevent one of our agents from being cited recently because I knew the officer and the division commander. The agent from my office had "borrowed" the listing from our corporate RELO/REO department to market. The bank that owned it was not maintaining the property and the neighbors were complaining. It took 2 emails to my managing brokers and RELO manager to get this handled.

    When it's YOUR name on the sign, guess who they are going to come after first?
  • Well, you better pick up the phone and call your CLIENT to whom you owe a fiduciary DUTY to disclose everything.... And then, make sure it doesn't happen again by maintaining the lawn for your CLIENT who should PAY you to do so.
  • Should tell the Asset Manager immediately.
  • If there is nothing else learned in real estate practices it is to disclose all you know. Tell the asset manager and strongly suggest it is in everyone's best interest to have the lawn maintained and all bills paid. Someone is going to pay, it may as well be done in the best interest of the asset.
  • REO or not, agents are obligated to share all information about the property or the transaction with their clients. Also, it seems this agent is implying that she/he would negotiate with the buyer, as if she was negotiating on behalf of the seller? That is misleading, and a second violation of the Code of Ethics (assuming the agent is a REALTOR).
  • I would absolutely tell the asset mgr! why should the buyer pay? how long ago was the citation? was it when the previous occupants were there?
  • I am unclear as to who "them" is... the buyer, or the Asset Manager? In either case I would DISCLOSE this material fact to all parties involved. In Michigan, this type of charge would become a lein upon the land and the owner of the property would eventually have to pay it. If that owner is the Bank/Asset Manager, doesn't that agent have responsibility to disclose this additional fee to his client (the Asset Manager)? Absolutely! The Asset Manager/client needs to be aware of every expense that effects his net proceeds and the agent should dutifully inform him.

    If "them" refers to the buyer, and that buyer is willing to pay the fine (for whatever reason) for the seller, that would be the buyers choice. If this agent has a fiduciary relationship with the buyer as well (Dual Agency as it is called here), that agent better fully inform both parties as to who is responsible for this fee.

    Once again, DISCLOSE and let the two parties (with the assistance of the agent) work out the details with full knowledge and understanding.
  • Absolutely tell the Asset Manager and ask for $$ to keep the lawn maintained... It's in their best interests to keep it maintained until settlement. Not only will it show better, but an obvious, vacant home may attract vermin (animals I mean) and vandals (also sometimes called vermin). JMO. Dee --

    Dee
    --
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