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 Your contract being withdrawn after months with the bank may be exactly what throws this seller into foreclosure.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.
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