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All Forum Posts by: Kimberly S

Kimberly S has started 1 posts and replied 6 times.

Post: Need some clarification

Kimberly SPosted
  • Residential Real Estate Agent
  • Florida
  • Posts 6
  • Votes 0

Thank you again for all the replies, it is much appreciated. I have sent an email to a local attorney who's been holding short sale seminars here. I am waiting for his reply.

Post: Need some clarification

Kimberly SPosted
  • Residential Real Estate Agent
  • Florida
  • Posts 6
  • Votes 0

Thank you for the reply Jon. Yes, I realize it is not a board for legal guidance, but I was simply hoping that someone already did this in FL and knows exactly how it is done.

Post: Need some clarification

Kimberly SPosted
  • Residential Real Estate Agent
  • Florida
  • Posts 6
  • Votes 0

Can anyone respond please? I can't find any other reference to this on the forums.

Thank you again
Kimberly

Post: Need some clarification

Kimberly SPosted
  • Residential Real Estate Agent
  • Florida
  • Posts 6
  • Votes 0

Hi Moe,

Thank you again for your response, it is much appreciated. Just to clarify, the investor does not have an issue with having a listing contract in place, he just wanted to have it in his name and him signing it, The problem with that is for me, that in order to list the property on the MLS I have to have it in the owner's name (public record) or at least put owner of record and have the owner's signature for it. If I would use the investor's signature then I would have to attach the option contract along with it, which I cannot do since the MLS does not allow option contracts. So, how do you deal with this?

Thanks again for your time.
Kimberly

Post: Need some clarification

Kimberly SPosted
  • Residential Real Estate Agent
  • Florida
  • Posts 6
  • Votes 0

Hi Moe,

Thank you for the response.

Originally posted by Moe M.:
The option contract, and Memorandum of Agreement (or Notice of Option), discloses that the buyer has the ability to market the property for sale while the property is under contract. This gives the buyer marketable interest.

I guess what I am not 100% clear on is that I still need the owner's signature on the listing contract if I want to list his/her property on the MLS since his/her name is on the public records. I understand that the option gives the right to the investor to market the property, but that option contract is not accepted by MLS. So, I would still have to use the owner's signature, even though I am now selling the property for the investor. Sorry for going around in circles, I just want to make sure I am clear on how this should be done legally. Thank you for helping me out with my dilemma. :D

Post: Need some clarification

Kimberly SPosted
  • Residential Real Estate Agent
  • Florida
  • Posts 6
  • Votes 0

I am a Realtor in Florida and I have an investor who would like to list a short sale property with me that he has an option on while he is negotiating with the owner's lender, so he can find an end buyer. I have never done a short sale flip like this and not that familiar with the process. I have been reading a lot of great information on the forums here and can see that it is a fairly common practice now days.

My question is, how can I list this properly on the MLS? I mean I can't list with him because I can't list with options. I can only do a listing agreement with the owner who's name is on the public records. (according to MLS rules). In which case I have to present all offers to the lender. So, I am a bit confused on this. I see that many of you use a Realtor to find the end buyer, so what am I missing? Any guidance would be greatly appreciated.