Get expert service & care through San Diego Short Sale Attorney and Broker specializing in Carlsbad, Oceanside, San Diego, and Chula Vista, CA.




Carlsbad Realtor/Encinitas Realtor: Short Sale Problems


Yesterday I received a phone call from a lady who told me that she was days away from closing a short sale on her house but was now experiencing some short sale problems. The reason that she was calling me was because she did not feel that her Realtor was representing her best interests. First, she said, the Realtor did not even try to get her qualified for relocation assistance or tell her that relocation assistance might be an option. She only found out about the possibility of relocation assistance about half-way through the process when one of her friends who was also short selling their house asked her if she was receiving any money from the lender to help her move. When she confronted her Realtor she was told that she did not qualify for HAFA because her loan was not owned by Fannie Mae or Freddie Mac. The woman said that she did not believe her Realtor so she called her lender who told her that her investor did participate in HAFA but that it was too late. The lender told her that her Realtor did not follow the proper procedure for attempting to qualify her for HAFA. Second, her Realtor did not ask her at the time that the Realtor took the listing if she wanted to exclude any items from the sale of the house. The woman said that she wanted to keep her refrigerator and stove but she was being told that these items were transferred as part of the contract. The refrigerator and stove were purchased in 1999 and for reasons I will not get into, she had sentimental attachment to them. She told her Realtor that she never authorized him to sell her refrigerator and stove. He apologized and said that he made a mistake. She told her Realtor to fix the problem. He told her that he could not do that, that she was contractually bound to transfer the items. She told him that since it was his fault she should be able to keep her refrigerator and stove and that he should buy the new owner a new refrigerator and stove from his commission. The lady told me that the Realtor stood to make over $10,000 from the sale of her house and it seemed only reasonable that he fix his mistake. She did not want any money from him, she just wanted to keep her refrigerator and stove. She told me that she realized that they were old but she wanted to keep them just the same. The Realtor told her that his broker would not allow him to do that. Upon investigation she discovered that her Realtor was not working for the broker that listed her house. She was confused as to why her Realtor was representing her but the listing was in another broker’s name on the MLS and the DRE had no record of her Realtor working for that broker.


To make a long story short, if you are considering short selling your house perform your due diligence before you select a Realtor. By spending some time and thoroughly investigating the short sale process you will alleviate many of the short sale problems incurred by other homeowners. Additionally, make sure that you are very clear about any items that you desire to exclude from the short sale. Make sure that your agent lists these items in the Residential Listing Agreement. Do not get caught at the eleventh hour. Also, make it clear to your Realtor that you want to be considered for relocation assistance from your lender. Even if you do not get qualified for relocation assistance at least you know that your Realtor attempted to obtain it for you.


I receive numerous calls from homeowners just like the woman mentioned above who are experiencing short sale problems. I feel for these homeowners because I know that if they were using me to represent them that they would not be experiencing these short sale problems.


If you live in San Diego, Riverside or Orange Counties and are thinking of short selling your home contact Michael Gaddis, J.D of Michael Gaddis, J.D. Realty Group at 760-754-2121 for a free consultation and review of your situation. Michael Gaddis, J.D. is a licensed California attorney and Real Estate broker and using Michael Gaddis, J.D. to short sell your home costs a homeowner nothing out of his/her pocket. You get top-notch representation and the security knowing that if any issues or problems arise during your sale you have the best possible representation on your side. If you would like more information on how to properly select a real estate agent to represent you in a short sale transaction please refer to the following article:


To view copies of some of the short sale approval procured by Michael Gaddis please click the following link:

Contact Us

Sorry we are experiencing system issues. Please try again.

Property Search


Featured Properties

View all