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re: House buying question - didn’t meet appraisal Update: pg 3

Posted on 9/10/22 at 10:35 am to
Posted by turkish
Member since Aug 2016
1786 posts
Posted on 9/10/22 at 10:35 am to
Should all be spelled out in your contract.
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
5350 posts
Posted on 9/10/22 at 10:47 am to
I don’t know all the details on the contract so I’m going to wait to hear from my agent and ask these details. I’ll update the thread when I get the details.
Posted by bbeck
Member since Dec 2011
14568 posts
Posted on 9/10/22 at 10:48 am to
I know this is the OT but you should definitely ask a professional in this situation
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
5350 posts
Posted on 9/10/22 at 11:10 am to
quote:

I know this is the OT but you should definitely ask a professional in this situation


Ha. Definitely will do my own homework but won’t know anything about this stuff so it’ll be Monday before we know anything.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
40144 posts
Posted on 9/10/22 at 11:13 am to
This is why you should always buy real estate cash sale.
Posted by rmcelh1
Shreveport
Member since Apr 2008
103 posts
Posted on 9/10/22 at 11:25 am to
What state are you selling in, what state are you buying in?
Posted by teke184
Zachary, LA
Member since Jan 2007
96443 posts
Posted on 9/10/22 at 11:34 am to
1. Depends on your contract.

If it is expressly a contingent sale, you shouldn’t be forced to follow through.

I’ve had friends before who had house purchases and sales fall through because it was a chain of contingent sales and one dumbass quit his job right before the sale and invalidated his lending agreement. That sale falling through in turn killed my friend’s purchase of the house he was trying to get.
Posted by kciDAtaE
Member since Apr 2017
15870 posts
Posted on 9/10/22 at 11:40 am to
What did your agent say?
Posted by MelGibsonPatriotGif
America
Member since Nov 2020
551 posts
Posted on 9/10/22 at 11:49 am to
quote:

are we obligated to sell our house still if we don’t buy the next house? We haven’t closed.


Were the sales contingent on one another?

Talk to your agent. Did you hire an agent?
This post was edited on 9/10/22 at 11:52 am
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
5350 posts
Posted on 9/10/22 at 11:54 am to
quote:

What state are you selling in, what state are you buying in?


Both in Texas.

I haven’t crossed the bridge with my agent yet on what backing out would look like. Yes we have an agent.

Right now the sellers are protesting the appraisal or whatever it’s called. We will see where this goes Monday or Tuesday then talk about backing out if that time comes.
Posted by llfshoals
Member since Nov 2010
15531 posts
Posted on 9/10/22 at 12:00 pm to
Talk to your agent. My opinions as a realtor though

1 - You’re under contract. Unless you have a contingency to cover this, they may be able to force the sale. Talk to the other side and see if extending the close date on yours is possible, so you don’t have to start over selling yours if you need to look at another to buy.

2 - depends on the way the contract is written. If you have it contingent on appraisal you have the ability to cancel and recover your earnest money. Those usually include a sell at appraisal value clause option. You could give the seller an option to pay for another appraisal if your lender agrees possibly.

3 - Appraisals are opinions. Additional acreage depending on the situation really doesn’t add that much generally to home value.

If you’ve got a comp sale at 233, you can negotiate a reduction in the sale price from the 259 offer. Seller is going to need to understand he may need to do so because of the appraisal on any future contract. Be aware you may be paying cash for the difference between the price and the appraisal based on what your lender says.
Posted by ItNeverRains
37069
Member since Oct 2007
25589 posts
Posted on 9/10/22 at 12:13 pm to
If you didn’t make selling your current home contingent on the executed closing of the home you wish to purchase, your agent was very short sighted. That house could burn to the ground tomorrow.

Should the seller tell you and your appraiser to kick rocks and you can’t cover the amount above appraised value, you are considering defaulting on a legally binding executed contract.

You need a lawyer in this scenario, not a realtor.
Posted by cas4t
Member since Jan 2010
70944 posts
Posted on 9/10/22 at 12:15 pm to
quote:

We didn’t discuss appraisal scenarios so no clue what my agent did there.


If he waived your appraisal without asking you then he royally fricked up.
Posted by cas4t
Member since Jan 2010
70944 posts
Posted on 9/10/22 at 12:16 pm to
ItNeverRains is correct but also the seller may be reasonable. Have your agent explain the situation to theirs and try to figure something out.

But you never discussed appraisal, I would assume you did not waive anything and you should be ok to back out and get earnest $ back
Posted by llfshoals
Member since Nov 2010
15531 posts
Posted on 9/10/22 at 12:29 pm to
quote:

Should the seller tell you and your appraiser to kick rocks and you can’t cover the amount above appraised value, you are considering defaulting on a legally binding executed contract. You need a lawyer in this scenario, not a realtor.
Lawyer will cost more than losing the earnest money. If you waived the appraisal without realizing it, fire your realtor.

I’d be looking at storage building cost…just in case.

Also, if you lose your earnest money, I’m guessing he’s your agent on the purchase. I’d be asking for 7k of that commission
This post was edited on 9/10/22 at 12:38 pm
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
5350 posts
Posted on 9/10/22 at 12:42 pm to
We have another house available for us to live in so I’m not particularly worried about not having somewhere to go.

We never discussed waiving the appraisal. I’m sorta trying to read between the lines. Our agent hasn’t said anything about waiving it so I’m assuming it’s still contingent on the appraisal.

Not a bad idea asking for the earnest money out of the agents selling commission check.
Posted by mortgagemanlc
Member since Jul 2020
53 posts
Posted on 9/10/22 at 12:48 pm to
You should have an appraisal contingency. Rarely see them in Louisiana without one.

Basically this reopens negotiable and gives you the option to walk away with your earnest money.

As far as current home, if your sale was contingent you’ll be fine. If not you may have to sell if buyers push it.
Posted by llfshoals
Member since Nov 2010
15531 posts
Posted on 9/10/22 at 12:52 pm to
quote:

We never discussed waiving the appraisal. I’m sorta trying to read between the lines. Our agent hasn’t said anything about waiving it so I’m assuming it’s still contingent on the appraisal.
Look at your contract. There should a clause specific to appraisal contingency. Ours has an option you’d need to check to specifically waive it.
Posted by dragginass
Member since Jan 2013
2773 posts
Posted on 9/10/22 at 12:54 pm to
Subtle I can afford an 85k house brag.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65916 posts
Posted on 9/10/22 at 1:39 pm to
Bang the Moms of everyone involved (your own included if you’re from Arky or Bama) to let them all know who’s the boss.
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