Bank Owned Properties are properties that have been foreclosed upon. The bank has completed the costly foreclosure process and either auctioned or seized the property. Often times the properties set abandoned for many months during the process and vacancy invites vandalism and damage to the property. The properties usually receive no level of maintenance.
Once the bank finally lists the property, they will normally list with one of a number of REO agents in the area that either they have worked with or that they have contacted through REO websites (which require submission on the agents part and sometimes money to subscribe). At this point the property is not in good shape. The seller may have stripped the property or allowed the property to decline from vacancy and lack of maintenance.
The Listing Agent may bring in clean up crews in order to get the property in as good of a condition as is reasonable in order to list the property. Often times they must do this at their own expense and may not get this money back. Not all agents will do this and some go on the market in their present condition. Until that occurs, the property sets with overgrown weeds, grass and in a generally unloved condition.
Sometimes the property gets listed for a below market value in order to move it quickly and sometimes it gets listed at market value or above. In the latter case, it will set on the market for perhaps a year or more until the Bank/agent gets the price right.
REO agents generally put one photo up of the property. The do no marketing other than listing it on the MLS and putting up a sign. The commissions and listing agreements on REOs place the listing agent in a precarious position of having to accept liabilities and some expenses in maintaining the listing. With commissions often times below industry standards the agents have little choice in providing a higher standard for these properties. The best strategy on their part is to help the Bank get the price correct in order to move the property. The Bank will sometimes dictate what the price will be and therefore handicap the agent further.
In addition to handicapping the listing agent, the Bank uses their legal resources to basically take away most of the rights of the buyer in California. They dictate most terms. The property is sold "AS IS" with no disclosures (the Bank has not occupied the property). Typically there is a long counter offer removing most of the contractual safeguards for the Buyer in the State of California. Often times the Bank will specify and demand a certain Title Company be used out of your local area. Many times the title and escrow fees are substantially more. No negotiation is allowed.
The Banks do not foster good business nor operate under the preview of the California Department of Real Estate. In most cases, they are out of state entities with hugh legal resources to out maneuver any individual and I would guess the State of California DRE.
It would appear to this Realtor that some regulation of these counter offers and protection of the Buyer's rights would need to be reviewed and maintained by the State of California DRE.
The resulting set of legal issues with REOs leaves me with an overall hesitancy to recommend purchasing or dealing with Bank Owned Properties or REO agents. This is not meant to be inflammatory against REO agents and as mentioned above, I have sighted the same legal abuse that occurrs from these Banks with regards to REO Agents.
Banks need to work with sellers, loan officers, work out specialists and Realtors to provide sellers with options to avoid foreclosure. Foreclosure is a negataive influence on the real estate market trend in every concievable way. It does not benefit the Bank, the seller or the buyer many times. If a foreclosure does occur, the Bank should adher to the same law that have been developed within the state the property is located in for the protection of all within the real estate transaction. They should not abuse the REO agent nor the consumer.
If I have a client that is enterested in REOs, I counsel them on the process and make sure that they fully understand the rights they will be giving up and that we will be going through a very negative experience. If the house is worth it, we can do it however. The abusive power of the Banks is not a pleasant experience.