I have a short sale division as well which is all a bonus whenever they close, working 13 now.I have 2 new buyers agents I am mentoring who write a few a month for me.I pull Les pends and door knock, very good returns. 50% works very good.

The bank knows nothing about the owner’s staying or the “deal” you have pending with them.

As a buyer, you could file a Les Pendens (notice of suit pending) to follow for failure of specific performance, only takes one party and it will stop any other sale, but you better be prepared to follow up!

Naturally we are trying to buy at a discount so the list price is a discounted price. 3) Meet the agent at the BPO and justify your price... 4) Do not pend it.

According to the National Association of Realtors there was a 2% drop in pended deals.  

The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions.“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.

If I am the listing agent (hired by the Seller), I would go over current inventory on the market, pending sales, recently expired properties (or market rejects), and what has sold in the surrounding area recently, Days on Market....

If you have, demand it be returned pending lender approval (i.e., SSA or Short Sale Approval).

YOUR AGREEMENT TO THIS ARBITRATIOIN PROVISION IS VOLUNTARY.â€â€œWE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THESE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.†Buyers Initials __________ ________ Sellers Initials_________ _________XLII.PENDING LITIGATION: Seller warrants and represents that there are no legal actions, suits or other legal or administrative proceedings, including cases, pending or threatened or similar proceedings affecting the Property or any portion thereof, nor has Seller knowledge that any such action is presently contemplated which might or does affect the conveyance contemplated hereunder.

Or allow the seller to continue market their property on pending sell.