
As you may have gleaned from this definition, the answer to many of the above-listed questions posed by prospective buyers are answered by the fact that short sales are, for the most part, subject to the demands of a lender/bank's loss mitigation department and the function of these departments is to save money for the bank rather than selling real estate in an efficient manner.
When a real estate agent agrees to list a short sale home, the lender/bank usually will not offer any guidance concerning what price they will approve. In fact the bank representatives usually won't even return a phone call or speak to a short sale listing agent until that agent submits the first offer to the lender/bank. This means the first listing price is usually just an educated guess of what the bank might approve. They could accept less or more likely they will require more.
This problem is compounded by the fact that it usually takes months for a bank to respond to an initial offer for a short sale property. Just like all businesses, banks have reduced manpower drastically over the past several years. Lender/bank loss mitigation departments are often very understaffed while being deluged with short sale transactions. Therefore, despite all good intentions, employees of these departments cannot physically manage all their files and respond to offers and inquiries in a timely manner.
When a prospective buyer makes a full price offer it is packaged with all the other initial offers and submitted to the bank. After several months the bank may finally respond by saying that the full price offer is not enough to offset their loss on the loan. However, more commonly, there will be other offers above this listed price and, of course, the bank will approve the highest offer. This is usually the first indication to the listing agent of what is an acceptable price to the bank.
By this time many of the prospective buyers who have submitted offers over the asking price may have lost interest or found more enticing opportunities and retract their offers. However, the damage is done. The bank now believes that they can receive more offers at this higher price. Consequently the original full price offer is rejected and the listing agent now amends the asking price to the lender/bank's new "approved price".
Meanwhile, several months have passed since the initial full price offer was submitted to the bank and many more offers have been received by the listing agent. The lender/banks often require that all offers be submitted to them so they can "cherry pick" the highest offer (above asking price).
This is why I tell my clients to offer the highest price (usually above the listed price) that they feel comfortable with. I tell them to base this on how badly they want to own the property.
Communication is a whole different issue. Unfortunately it has become common practice for short sale listing agents to follow the flawed practice of the lender/banks and refuse to communicate with prospective buyers until they submit a "superior" offer. As stated above the banks, arguably, have a reason to not answer inquiries and respond to offers in a timely manner. However, in my opinion, real estate agents have no such justification. Yes, I know there are agents out there handling literally hundreds of short sale properties at once, but I'm sorry, they stand to make tens of thousands of dollars in commissions for these short sales and refusing to respond to well qualified prospective buyers, and buyers who have submitted offers, is completely unprofessional.
Of course, part of the problem is that many listing agents want to "double end" the sale and won't even entertain offers from other agents. In this market, and with a low "teaser" list price, listing agents receive numerous offers from prospective buyers who are not represented by an agent. Therefore it is easy for the listing agent to represent both the buyer and seller and receive both sides of the commission. I don't slight listing agents for doing this as I have double ended my share of sales. However, the listing agent should still have the courtesy to return calls to other prospective buyers.
The best short sale listing agents I know respond to every single inquiry, even if it's just to say that they haven't heard anything from the lender/bank yet.





