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re: Purchase agreement question

Posted on 9/9/21 at 7:24 am to
Posted by HammerJackFlash
Member since Sep 2018
833 posts
Posted on 9/9/21 at 7:24 am to
quote:

No inspection period. The lady walked through the house and talked about her family while I showed her the house. The house was sold according to her before she saw it. It was just a formality her coming look at it. Wasn’t worried about and defects just asked when we were getting out. Told them as soon as needed. We are moved out for most part but they haven’t finished their part. Cash sale no inspection and didn’t really seem worried about minor damage.


Sounds like just another investment property to them like buying shoes, and it’ll go through on time.. I wouldn’t worry too much about it.

That’s my best guess based on the vague info you’ve given.
Posted by shoelessjoe
Member since Jul 2006
10853 posts
Posted on 9/9/21 at 7:33 am to
Really down to earth people with little care. We as sellers definitely worried more than them. Constantly trying to reach them and give an update with the move and since storm what we are doing to fix everything. It’s just that since it’s our first time selling, didn’t know if this happy go lucky attitude is normal in the process. Gives 5k deposit for 115k home and never hear from them strikes me as strange. Every time I talk to them they speak about their son who has no part in this. Just strange and maybe they are as simple as led to believe and think it’s ok no matter what.
Posted by HammerJackFlash
Member since Sep 2018
833 posts
Posted on 9/9/21 at 7:41 am to
quote:

Really down to earth people with little care. We as sellers definitely worried more than them. Constantly trying to reach them and give an update with the move and since storm what we are doing to fix everything. It’s just that since it’s our first time selling, didn’t know if this happy go lucky attitude is normal in the process. Gives 5k deposit for 115k home and never hear from them strikes me as strange. Every time I talk to them they speak about their son who has no part in this. Just strange and maybe they are as simple as led to believe and think it’s ok no matter what.


If they are cash buyers, this isn’t their only property. Don’t sweat it.
Posted by shoelessjoe
Member since Jul 2006
10853 posts
Posted on 9/9/21 at 7:44 am to
Starting to think I am overthinking this. They want house I believe. Lady already called to get size of windows so she could by curtains and blinds. Then asked about sq feet under roof, which makes me believe insurance. Just wish I knew how close they were to closing.
Posted by Rohan
Baton Rouge
Member since Feb 2005
1590 posts
Posted on 9/9/21 at 7:47 am to
was the contract written on the Lousiana Purchase Agreement or a cocktail napkin? There are a ton of protections built-in for the buyer on the purchase agreement. The house needs to be in the same condition as it was when the offer was written. If that can't be done or some other agreement made by the closing date, the contract needs to be extended. Don't expose yourself to legal liability just because they are nice and laid back. Get everything done in writing. Google specific performance.
Posted by SantaFe
Baton Rouge
Member since Apr 2019
7240 posts
Posted on 9/9/21 at 7:50 am to
Force majeure ?
Posted by VABuckeye
NOVA
Member since Dec 2007
37691 posts
Posted on 9/9/21 at 7:53 am to
quote:

They have a sale for their house that is holding us up more than anything.


Well, there you go. If they need the proceeds and their current house has damage that is holding up the closing you can walk or you can wait until their house can close.
Posted by Tom Joad
Member since Sep 2021
192 posts
Posted on 9/9/21 at 8:16 am to
quote:

Gonna bookmark this thread for the next one bitching about real estate agents


A good agent is worth every penny they earn, and they do earn it. Pretty often they can get more money for your house than you can save on the commission. Unfortunately, only about 5 to 10% of the agents are really good ones. Most of the rest eventually wash out.

All that said, this poster already has a buyer so there isn't much point in listing it now and paying the commission, though he may be leaving money on the table if he doesn't know the market well.
Posted by kennypowers
AR
Member since Mar 2009
591 posts
Posted on 9/9/21 at 8:26 am to
quote:

A good agent is worth every penny they earn, and they do earn it. Pretty often they can get more money for your house than you can save on the commission. Unfortunately, only about 5 to 10% of the agents are really good ones. Most of the rest eventually wash out.

All that said, this poster already has a buyer so there isn't much point in listing it now and paying the commission, though he may be leaving money on the table if he doesn't know the market well.


Real talk - this thread is a perfect example of why you would want to use a realtor. This is the kind of thing you pay them to deal with. They exist for a reason. I know the "realtors are garbage" circlejerkers will disagree, but, coming to TD for advice on this is like asking Joe Rogan about his Covid treatment instead of going to a physician.
Posted by DJNOS1978
Baton Rouge
Member since Dec 2013
783 posts
Posted on 9/9/21 at 8:27 am to
I am in the EXACT same position. My closing date was Sept 13. I am being told all real estate transactions in the area have been put on hold for two weeks anyway so addendums will be necessary. There will also have to be an inspection period. The simple truth is the buyer can back out at this time. Legally they are bound but let's face it. Buyers can back out before closing. If they do a walkthrough and decide "oh hell no" then they back out what will you do? Spend a lot of money to sue? Maybe. Most people don't. They just move on. So the reality is to do what I did. Calm down the buyer. Let them see the damage. Tell them you are getting it fixed and move the closing date due to contractors being hard to get. OR you can get quotes from licensed contractors and then put money in escrow so they can make repairs. There are plenty of options. Trust me. I'm so ready for this sale to be over like you are. Good luck.
Posted by HammerJackFlash
Member since Sep 2018
833 posts
Posted on 9/9/21 at 8:34 am to
quote:

There are a ton of protections built-in for the buyer on the purchase agreement.


Not always. Especially for Cash As Is deals. Depends on the agreement. The one I use for “cash buyer as is” puts everything on their shoulders, and is stated in the contract it is up to them to do due diligence.

Not sure if OP is doing as is agreement.
Posted by Rohan
Baton Rouge
Member since Feb 2005
1590 posts
Posted on 9/9/21 at 8:41 am to
quote:

Not always. Especially for Cash As Is deals. Depends on the agreement.


I was referring to the Louisana Purchase Agreement. It is loaded with buyer protection and very little seller protection. As the poster above stated, buyers hold most of the cards once the house is under contract. They dictate what can happen in most situations.
Posted by HammerJackFlash
Member since Sep 2018
833 posts
Posted on 9/9/21 at 8:47 am to
quote:

I was referring to the Louisana Purchase Agreement.


Lol for sure. But cash deals can literally be written on a napkin like you referenced.

It really sounds like this couple doesn’t give a shite, and plan to close regardless of damage because they are gonna sink money into it anyway.

OP said the lady kept mentioning their son. Bet it’s for him. I mean who mentions they don’t care if they lose 5k deposit, and then just calls their family and says hey I bought a house like she was buying underwear or some shite.

They sound loaded and like they’ve done this more than just a few times.
This post was edited on 9/9/21 at 8:48 am
Posted by shoelessjoe
Member since Jul 2006
10853 posts
Posted on 9/9/21 at 5:57 pm to
Trust me, not loaded and not for their son. They are selling their own house and a rent house. I think I made my decision. I will repair the roof since it didn’t have much damage and come off of asking price of house if they decide to fix canopy themselves. If not I will fix it and stay at original asking price. Canopy is around 5k to fix so thinking of coming off 7k to save the headache.
This post was edited on 9/9/21 at 6:00 pm
Posted by spacewrangler
In my easy chair with my boots on..
Member since Sep 2009
9818 posts
Posted on 9/9/21 at 6:42 pm to
quote:

am in the EXACT same position. My closing date was Sept 13. I am being told all real estate transactions in the area have been put on hold for two weeks anyway so addendums will be necessary. There will also have to be an inspection period. The simple truth is the buyer can back out at this time. Legally they are bound but let's face it. Buyers can back out before closing. If they do a walkthrough and decide "oh hell no" then they back out what will you do? Spend a lot of money to sue? Maybe. Most people don't. They just move on. So the reality is to do what I did. Calm down the buyer. Let them see the damage. Tell them you are getting it fixed and move the closing date due to contractors being hard to get. OR you can get quotes from licensed contractors and then put money in escrow so they can make repairs. There are plenty of options.


25+ years in the Mortgage industry (AL & FL) if the buyers are financing then the escrow suggestions will not work. The lender will require an appraiser to complete a disaster area final inspection to the original appraisal and Must be able to certify with pictures that the property has been restored to the original condition and value remains.

Plus, another big piece of the clear to close will be that the buyers will be required to be back at work, provide a current paystub that matches prestorm hours, plus a new written VOE will be required to address any lost wages when the new YTD income is less than what it should be.

Went through this last year after Hurricane Sally (live in OBAl 20yr. ) was particularly hard with a few service industry customers- waiters, that I had at the time.

Fortunately, the owner of the restaurant, even though no power and could not serve in store keep the waiters working (paid them 15hr not normal waitstaff wages) to clean up and help repair damage. Had no power for almost 2 weeks. they also were selling and cooking, take out only, via gas stoves tops the dishes that could be made make from the items in freezers before they spoiled and then fresh daily items. A lot r most of the meals were actually free to locals.. who would tip the servers

Point being, is that financing can be a bitch on normal terms but especially after a natural disaster due to a multitude of issues.

Expect at least a 2 week delay and that is if you can fix the property without needing to wait for the insurance money to get started.

Additionally, with most purchase agreements (especially one drafted by the Realtor Association)
any damage to property is cause for the buyers to be able to cancel, even if you say you're repairing the property, they can still walk and you will be legally obligated to refund their earnest money.
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