"Subject to" deal for a property listed on MLS

[Yuriy Skripnichenko]

Hi everyone.

I was wandering if anyone has done “subject to existing mortgage” deal for a property listed with an agent?

I have a property that is listed on MLS and I'm interested in. However, the deal makes much more sense if I'd be able to get it subject to. The seller has property mismanaged and previous tenants damage it. Plus the seller has mortgage on the property and jugging by the asking price they just want to get rid of it and not even try to make any money.

In my previous experience with agents, they just do not get it. And one of the brokers told me that it is not legal…

How would you approach the listing agent with this type of the offer?

Thanks for any input.