Short Sales are a tough business and there are a lot of ins and outs. I did a post on Equity Purchases in California and the Hazards of making an Equity Purchase, which like it or not a Short Sale falls under the Equity Purchase Laws.
Now if you read the Equity Purchase Laws you will see that if you do not do it right you can end up with a $25,000.00 fine, plus civil liability, and get to spend a year in the county jail. I do not think any one wants to do that for a Short Sale.
I had spoke to The California Assocaition of Realtors Legal Hot Line on the issue some time ago and clarified when a Short Sale was or was not an Equity Purchase.
As a Broker and a REALOR® I never saw the disclosures as an obstacle to doing Equity Purchases. I figured I could just put the forms together. However, it is easier than that, the appropriate forms are already included in CAR Forms (Form NOD PA), and be sure to attach a copy of your Broker and Agent License.
The obstacle I saw to Equity Purchase Sales was the extravagent bond requirements on Agents and Brokers. I am a pretty strict about going straight to the source and seeing what the law actually says. Frequently the law does not actually say what other people say it says. Often times the interpretation is well meaning, but does not look at other possible solutions. But the Law here was pretty clear, you need a bond worth twice the value of the home.
While looking for a legal work around on this issue I again contacted CAR's Legal Hot Line. The good news is the Bond portion of the law was thrown out. Here is a link to CAR's NOD Investor Transaction information. This is very good. Between this case law and the CAR Forms Equity Purchases are not an obstacle.
My real concern is that with my Short Sale Listings I have recieved dozens of offers that would constitute an Equity Purchase. Not one agent has used the proper forms, not one was aware of the laws, and not one took the trouble to find a way to get the job done right.
As a Broker and REALTOR® I do not claim to know all the answers, but I will not ignore problems and I will dig to find the right answers to make your purchase or sale legal, secure, and to protect your interest.
If you are considering a Short Sale purchase please down load my Free e-book on 15 Things you need to know about purchasing a Short Sale. If you are thinking about selling your home short get my Free e-book on 19 things you need to know to Short Sale your home.












