
Frequently
Asked Questions
Q. What is the Buyer’s Choice Act?
A. The Buyers’ Choice Act is a new law that prohibits a seller who acquired property as a foreclosure sale from requiring a buyer to purchase title and escrow services from a company chosen by the seller as a condition to receiving offers or selling the property. It was enacted by Assembly Bill 957 (Galgiani).
The VA is changing the short sale “rules” and it’s important to note this before you take a listing. Generally, the banks will take a percentage of what is owed on the property hence “the short sale.” In speaking with the VA on what is my second VA short sale in two weeks, they don’t want a percentage of what is owed on the property but 100% of the appraised value of the property. In both cases I found the properties were appraised well over what they are worth or could possibly sell for in this market. If they get their price (doubtful they will even come close) they will make far more than they are owed. The VA told me that they believe that they could do better and make more money if they foreclosed on the properties so they would not entertain any offers unless they were the appraised value. This makes me step back and question whether it’s worth even listing a VA short sale or explain to the seller that they have a very slim chance of succeeding with this venture. I think that it would be wise to really study a CMA to see if there is any hope of success before spending time and money for marketing.