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The Frustrations of Northern Virginia Short Sale Contracts

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

Recently an associate of mine went on vacation and left me to watch her business.  All but one of her listings (a rental) and one of her buyers were under contract.    The task seemed easy.   Take out the buyer if they  found a home they wanted to see, and look out for rental applications.  That's not what happened.

A buyer that is under contract with a short sale (has been under contract for 3 months and is nearing an answer on approval) found another house they like.  No problem.  I showed the house.  They like it better.  Great.  Let's withdraw the other offer and write an offer on this one.  After all, both listing agents are following the rules of our MLS system and will only have one offer submitted to the bank for approval. 

What's that?  They want to submit an offer on the new home and leave their other contract in place?  And they want to write an aggressive enough offer to be accepted and become THE contract on this new listing.  Hmmm.  One buyer.  Two houses.   One of these sellers will have wasted time with a contract that is not going anywhere.   As a short sale listing agent, I know that feeling.  And I've seen the torment that a short sale seller goes through when buyers practice this willy-nilly practice of writing offers all over town.   God forbid they are facing foreclosure.  Your contract being withdrawn after months with the bank may be exactly what throws this seller into foreclosure. 

I did my best to explain why this approach they wanted to take was a poor practice.   "As long as I have an out in either contract, it doesn't matter."  That's right, because it's all about you., isn't it?  Grrrr.

I wrote up the offer after discussing the situation with their vacationing agent.  I felt like putting in a Chris Ann does not approve clause, but ultimately it is not my client, not my problem. 

The larger practice is the symptom of the frustration of short sales, and the tons of misinformation about them.  And while I can't change that landscape single handedly, it would at least be nice if a contract had some meaning to buyers.

Comments(11)

Jane Jensen
Century 21 New Millennium - Arlington, VA

Here's what I think of short sales......Blech!

That being said, I have successfully closed a few for buyers but really, they are so frustrating and when you have clients that are behaving badly it just compounds things. What would they do if their offer on the second house was accepted and before they had time to withdraw their first offer it was accepted? Walk on the home inspection?

I'm sorry for the trauma. It will be a happy day (in my opinion.....which I know is not shared by all) when there are fewer short sales out there.

Dec 07, 2009 03:13 AM
Cathy McAlister
Cathy Ashley McAlister, GRI CDPE - Broker / Sacramento - Sacramento, CA
Sacramento DRE#00648507

Chris Anne:  It can be very frustrating.  Our closing ratio on short sales greatly improved once we required decent good faith deposits from the buyers.   If they do not deposit - our seller's will generally not accept their offer.  No $$$ No Deal.   Do not know if this buyer was willing or if the listing agent even addressed it.  But... if buyer's have the good faith money to lose - it's theirs to lose.   

Dec 07, 2009 03:45 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Jane:  I don't mind listing short sales, but the biggest problem any short sale listing agent in my market faces is a buyer like this. 

Cathy:  The EMD was not an issue on either.  Big money...however...to be deposited after short sale approval.  That's where these buyers think they have no risk and hold up sellers in desperate situations. 

Dec 07, 2009 04:05 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Chris Ann-I encountered an agent this weekend who told me she had a ratified contract on a short sale.  Of course it is active in the computer.  When I asked if the seller had signed the contract she said "yes".  Then she claimed that the lender wanted to see all offers and she would leave it active.  Oh DUH.  I flagged the listing but who knows whether they will have it change it or not.

Dec 07, 2009 04:34 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Cindy:  That is something I spend too many hours of my life flagging.  Listing agents in violation of short sale status.  They are the reason that good listing agents who follow the rules end up with these buyers writing offers all over town.  Bad behavoir begets more bad behavoir.

Dec 07, 2009 05:07 AM
Liz Loadholt
Liz Loadholt- AgentOwned Realty- Covering SC - Mount Pleasant, SC
Realtor--Broker-in-charge - Trainer--Relocation Director Covering SC

 Chris Ann ---- thank goodness not all buyers are like these that you had --I would be interested in the final outcome of this.

                                                                   

Dec 07, 2009 05:29 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Chris Ann, let me start by saying that I haven't done any short sales, just read about them Active Rain.  And while I think what they are doing is pretty mean to the sellers, it's easy to understand where they are coming from.  They are looking at the 3-month delay as a pain, not as the probable conclusion leading to their new home.  And they've probably read lots about the chances of their even getting it approved. 

Dec 07, 2009 05:57 AM
Debbie Walsh
SHAHAR Management - Middletown, NY
Hudson Valley NY Real Estate 845.283-3036

Chris Ann-I have to laugh at your Chris Ann does not approve clause.  If only we could do that!  LOL  Maybe if they had put a binder down on the first offer they wouldn't be looking around so intently.  However it is frustrating on their side when they are kept waiting so many months.  Plain and simple short sales suck.  We try and lock them in so these types of situations are avoided but when they get tired of waiting who knows what can happen.  In your situation like you said one of those parties will wind up getting hurt in some way. 

Dec 07, 2009 06:23 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Liz:  Their aggressive offer was rejected because, in their conversation with the listing agent of the second property, one of the buyers (before she contacted me) outed the fact that she was already under contract with another short sale.

Pat:  The good news for these buyers is that their patience paid off.  They got the first house.  I do understand where buyers are coming from, but if they don't have the patience to wait for three or more months, short sales should not be on their agenda.  Personal thought there.

Debra:  And letting the buyers know gave them no pause at all.  Karma is a b****.  Buyers like this have something coming to them one day.

Dec 07, 2009 07:00 AM
Robert L. Brown
www.mrbrownsellsgr.com - Grand Rapids, MI
Grand Rapids Real Estate Bellabay Realty, West Mic

Buyer's will try to make sneaky moves and put us(realtors) in the middle. I had someone try something quite similiar and trust me i prayed that it didn't work out. The things they THINK we will do for them.

Dec 07, 2009 11:52 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Robert:  I don't like working with buyers like this.  You should only be commited to one contract at a time.

Dec 08, 2009 03:28 AM