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funkychicken | Seller cannot close after accepting offer - Help? |
My contract with the seller expires today because the seller cannot come up with enough additional funds to close. He owes his lender more than the house is worth. I believe the seller is working in the background on a short sale with his lender. My original offer was consistent with the TMV of the home. It was fair and based on closing today. If I would have known this was a short sale up front, I would never have offered the TMV for the home. My question.... can I now come back with a low ball offer in a new contract? I feel I have been misled. The unforeseen hassle associated with a short sale and lack of disclosure regarding the sellers circumstances makes this home not worth the original offer price to me. Thoughts? |
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Marvinator
 |
You can do whatever you want, once your original offer is no longer valid. There is no reason for the seller to accept this "low ball" offer, however. |
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mcmdcak
 |
You can offer whatever you want after the sales contract expires BUT the seller apparently won't be able to execute it.
Might as well find another place to bid on - seller is stuck at a price. |
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theshadow01
|
If the house does not close in the time specified in the contract you are free to walk away or to make another offer. If it is in fact a short sale it can take up to 60 days for the lender to respond to an offer. If you are in a position to wait and you like the house make another offer, but banks are not really biting at lowball offers (at least not in my area). |
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union76@y7mail.com
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You can not prove that the seller knew the sale would be short. You have no idea what the lender came up with as a payoff. I work in a law office and we get borrowers all the time, backsided by the payoff from the lender. They can't understand how the payoff could be so much. Then they come up short for how much is needed for them to sell. They simply did not know. What good does it do you to low ball when there is already not enough money to close? move on. Find another property. Especially since this home is no longer worth the original offer price to you. |
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firefiter
|
once your contract expires, it's anybodys' game. you should talk to a real estate agent. they're well versed in the buying and selling of homes and are more apt to catch things like the seller finding a way to back out of the sale. there can always be a clause in the contract that if they back out, you'll be compensated or something like that. talk to an agent. |
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estielmo
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You mean your OFFER expires? Or they accepted the offer and refuse to close? You can force the close, if you want. |
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godged
|
YOu can do whatever you want after the contract expires, but because the house is a short sale has no effect on the value of the home. What about a short sale would cause the home to decrease in value? After the contract expires, the seller is under no obligation to accept your lower offer.
In most areas, sellers are not required to disclose that the house is subject to a short sale. Some sellers do not even tell their Realtor that the house will require lender approval of a short sale until an offer is in.
My thoughts: find another house. |
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kate
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The REAL owner is the lender / bank .
You are doing the sales 'dance' with a pseudo owner .
If your offer does NOT cover the balance owing ,
Your offer is meaningless and the REAL owner does not have to accept .
Going lower is pointless , and at this point you may as well wait until it is REO and deal with the bank .
> |
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kelly
|
The real estate agent that represented you should have let you known that this home was in the process of becoming a short sale, it is his or hers duty to let you know this up front under the real estate commission laws, the real estate agent has to let the buyer know all dis closers on the home you have rights to fight back on this home the seller has entered into a legal binding contract by accepting the offer, this would have been a legal binding contract by him having all his funds there and all the aproriate checks done but you do have repercussions to stand on and you can force the seller into selling you this home on the terms that were agreed on, I would highly recommend that you contact a real estate attorney or the real estate commission office in your area and report this problem and get help. |
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