This would violate the rules of the real estate commission in our state.

Mike,

An agent cannot dictate who the lender should be.  I don't think that this is within our power!  Perhaps, your broker should have a friendly chat with their broker?

I'm seeing it more and it turns off buyers.  They'd rather move along to another home than be dictated to by an agent who is probably doing something that the seller doesn't even know about. 

My buyers are pre-approved with very qualified lenders and if they want the lender to discuss that may be fine, but my clients want to go through the process with a lender that they don't know and trust.

     Potential RESPA violation.  They could also find themselves up the proverbial creek with the Florida Real Estate Commission.

Sounds like someone should review RESPA section 8! They and their broker may have a problem

You either do it or they will not present your offer. I would call their broker & start a stink. 

Do I think it's a conflict of interest - you bet. Should it be illegal due to privacy laws - you bet.

Maybe they are just fearful of people showing up with pre approvals from questionable lenders, many have been burned by some of those online lenders that take forever and never quite perform.

This is been a common practice since 2008 or so, when too many bogus buyers were showing up: quite frankly I don't trust some of the agents to turn it off first because of how bad the offers look.
Fair warning is given in the MLS though, so if you don't like the concept, don't show the house, because if you write the offer you're still going to be subject to it, like it or not.
But the good news is you don't really have to deal with it you just tell your lender to talk to their lender that's how I handle it with Jason Gordon, my AR lender.

I have had this happen before also,  I give my clients an option  and most tell them to go jump.  Deal with the offer and their financing as it is.

Oh, agent is breaking all kinds of rules here and I would definitely have my broker have a chat with the agent's broker, Mike Kelly.

Certainly the seller can request a 'second' pre-approval with their preferred lender but, only to be sure the deal doesn't go south. However, if your buyer doesn't want to get a second pre-approval, that agent STILL has to present that Offer. 

I definitely think it is time for your broker to talk to their broker.

They can do it, but they can't dictate who the buyer then actually uses as their lender.

Mike we used to see this all the time back in the reo days but I haven't seen in a very long time.

Over my dead body...why would anyone representing  a buyer allow some listing agents lender to scrutinize how much money their client has?

This was discussed may times, and legal said that the LA is overstepping into the BA relationship and violation of RESPA.

I simply refuse, and submit solid PQ...and I do not get challanged and yes my offer does get presented.

Eve

Nonsense. 

Speculate all day but it could be an ownership issue as well.

CO-branding.  If the mortgage broker is paying for the leads .... and/or one owns the other.

Bank of America did this with thier REO inventory, you may remember.

Because absolutely convoluted title issue's.  Title company's would not even underwrite their files. 

Make it a Great Day.

That's common with bank owned properties, but even if their lender approves you, they tell you that you can still use another lender. The agent could be following instructions from the seller, but doubtful. If the buyer really likes the house, i would just do the pre-approval with their lender, but i would tell the loan officer that buyer has no intention of switching lenders, and see how loan officer reacts. If you're worried about agent not presenting your offer, send a copy of your offer to agents broker.

They have been doing this a long time and part of it is to see if the buyer is strong (not get a letter from a lender that isn't worth anything) and the other is to win the business. The only way to avoid it is to have a cash buyer.

Listing agents frequently require that the buyer get cross approved with the listing side's trusted lender.  It is simply to confirm the buyer is qualified to purchase the property.

I have the buyer's lender contact the listing side's lender to go over the information so the buyers don't have to be inconvenienced.

The listing side is most concerned with the buyer's qualifications to purchase the property.  Cross qualification isn't a scheme to get the buyer to switch lenders. 

if a buyer is financed through BoA, as an example, most of the agents in my town will ask that the buyer make application at another institution, too.... I don't see an issue with it.... 

He who has the gold rules....

I don't blame them with the number of contracts falling out and the general lowering of standards with so many agents out there. The point is have the buyer go through a vetting process before you put a seller in jeopardy by a busted contract.

It could be the agent has been burned in the past by lenders that have not performed and wants someone he/she trusts to provide the pre-approval.  However, in our market, we know the lenders who work well and always suggest our buyers get pre-approved with them.  In a hot market, with multiple offers, the knowledge the listing agent has on the results of a particular lender can make the difference on whether or not that is the offer accepted by the seller.

We see requests for being cross-qualified on a fairly regular basis. See what Jill Murty, Realtor - Orange County, CA  says, too.

Regular sale- This agent having a loan friend trying to get more business. May be it is his brother-in-law.  But a second opinion loan officer may be good as we have unreliable loan agents that I like not to use them.

Totally agree with Fred Griffin So glad we don't have that many foreclosures in our area anymore.

I suppose a seller can ask for anything. A pre-approval for purposes of an offer is only a pre-approval. There is no obligation to use that lender for a loan. And the listing agent is still obliged to submit any offer in writing with or without their agent's lender's pre-approval.

As an REO listing agent I can tell you some REO sellers will not look at any offer presented without the required Pre-approval.  I can send it but they simple reject it as an incomplete contract packet.  If the buyer is a serious  cash buyer they will already have a proof of funds letter from their bank.

Mike Kelly - I am not in favor of this for sure.

Wow, this would be a violation around here.

Do not see it that much anymore.

We saw this start to happen because banks were doing it too. Builders and REO. We have one agent who doesn't specifically say a buyer has to get approved through her preferred lender, but in the offer instructions she states something like "Seller requests: Preference will be given to cash, local lenders, credit unions" Basically meaning no national banks or online lenders please, and anybody that knows her knows which lenders she prefers. -Kasey

It doesn't sound legal or ethical to me. 

I straddle the county between Santa Barbara (where it's hardly ever used) and Ventura County (where I see it all the time).  I don't like it and if I have qualified buyers for a property all I ask them for is their pre-approval letter from the lender of their choice.  But all of your concerns you raised are valid.  It's not the seller that is dictating these terms, it's the agent and it really chaps my hide.  I tell buyers what the agent is asking for and in all cases, they mark it off their list.  They dont want to be told what to do.

I see it as a violation but not everyone does and the MLS's are not enforcing it.

 Several sides to this- I saw a "preapproval letter" this morning from an agency who is not licensed lender. They act as a kind of sort of broker. I'll write a post about it and put the letter up later today. The letter has zero value, and any seller would pass.

Would you accept on your seller's behalf a prequal or preapproval letter from a. an unknown lender or b. a lender you Know can't close on time or c. lender who isn't communicative? No, you'll take the cash deal or the for sure deal. Cross qualifying is not illegal.  Listing agent can't require it legally but if buyers want this home, in our crazy tight markets they can choose to cooperate.

I cross qualify for agents I work with NOT to steal the loan, but see if there is a real deal that can close.   Skill set of a NMLS license carrier  varies from numb-skull to fabulous. Any mortgage originator can increase income or assets in the computer to make DU or LP approve eligible. An Underwriter will correct this.  Therefore having someone honestly review ALL the ins and outs is different from someone who runs credit and says "looks good."  

Here is what I suggest: have your buyers contact the lender- tell lender in writing they are NOT allowed to re-pull credit but lender who wrote the pre-approval can give the full credit report, plus income taxes, w-2's pay stubs and bank assets. Seller's lender can tell listing agent "This is a thumbs up or down." 

It's been a common thing out here for a long time.  It's also a CFPB violation if there is any cost or obligation to do use their lender.  This was a ruling about a month or two ago.

Very. Common. Practice. In. My. Area. Buyers can use whatever lender they want. Many lenders are at open houses with the agent ... literally demanding that buyers provide their contact information and get pre-approved.

Good luck.

Mike Kelly The buyer should not be obligated to use their lender and can use a lender of their choice.

I see this on occasion, I've yet to have a buyer who agreed to comply with their request. If they wish to put an offer, I include their pre-approval from the lender buyers chose but always contact the listing agent prior to submitting the offer. I don't agree with it whether it's an REO property or otherwise.

Anna Banana Kruchten, CRS nailed this one!

I see this on occasion in the agent only remarks in the mls.  As far as intent - the reasons can vary.   It may be control issues from the listing agent, seller preference or weeding out questionable mortgage pre-qualification letters.  

If I have an interested buyer, I contact the listing agent and ask questions - they can ask, the buyer does not need to comply.  Based on the results of that conversation, I share with the buyer and then  they decide to proceed or continuing searching. 

talk to the broker

If an agent does that, then the seller must agree. It is a PITA, no question.

They can ask.  And, you can say no.

This is nothing new in REO, i have 2 banks i list for that make it a must to have any buyer get a mortgage pre qual with their mortgage dept before they will look at their offer. It is a added step for a buyer, they can use anyone they want but do get incenteives for using them