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Updated almost 11 years ago on . Most recent reply

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54
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Julie Groth
  • Wholesaler
  • New Orleans, LA
3
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54
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Can I list it as broker?

Julie Groth
  • Wholesaler
  • New Orleans, LA
Posted

I have a brokerage company. Also, have a house that I want to buy and short sale. It has been previously listed but not anymore. Can I list it under my brokerage company to satisfy the lender that it is listed? Then, a few days later, put it under contract with me and negotiate a short sale.?

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15,177
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11,262
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Joel Owens
  • Real Estate Broker
  • Canton, GA
11,262
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15,177
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Joel Owens
  • Real Estate Broker
  • Canton, GA
ModeratorReplied

You will generally have agreements stating that the purchase is an arms length transaction.

What you are proposing wouldn't be an arms length transaction as you have a vested interest and fiduciary duty to sell the property for the seller when you list it.

One capacity you are a broker and one you are an investor. You might not even need to list this property again if it has been listed once. Have you already gotten an ATR form signed and sent to the lender so you can speak about the requirements of this loan for short sale consideration?

That would be the first step as they are all different.

No legal advice.

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