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It's Still Your House....

By
Real Estate Agent with HomeSmart Stars TX #0552717

Dear Sellers:

Although we have a signed, executed contract and have made it through the option period, title has not transferred and the house is still yours.  That means that the buyers expect (and are legally entitled) to receive the house in the same condition it was in when the contract was negotiated and signed.

Yes, the contract states the buyer is purchasing an "as-is" house, but that doesn't mean you can ignore any changes in condition that occurred since the execution date.  The pipe that broke during the recent cold snap and the resulting damage, ...  well, you are responsible for those repairs.  Not just to the plumbing, but the wet carpeting, too.

Dear Buyer's Agent:

Remember when I told you that it would be difficult to obtain an FHA loan on this property?  Remember, too, that I repeatedly told you the sellers would make no repairs?  Let me refresh your memory ... - check the contract.  We put it in writing.

We applaud your buyer for accepting the challenge of fixing, prior to closing, the issues raised by the FHA appraiser. We know the buyer really has his heart set on purchasing this home.  However, the sellers will not, as your buyer requested, pay for any of the repairs if this transaction does not close.  We have a buyer pre-approved for a conventional loan and a cash buyer waiting in the wings.  We are prepared to sign an amendment postponing the closing by one week to give the buyer time to complete the repairs, to have the appraiser back out, and to get the paperwork to the title company.

Dear Self:

Just another day in the life of a REALTOR®.

Posted by

Lorrie Semler, REALTOR
HomeSmart Stars

Serving your residential real estate needs in Dallas, TX and all the surrounding suburbs


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Comments(10)

Steve Shatsky
Dallas, TX

Hi Lorrie... sounds like you are having a great day!  BTW, if you like as-is FHA deals, try doing a short sale with an FHA buyer... let's just say they're fun.

Jan 13, 2010 02:34 PM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Only the best Realtors come through such experiences with aplomb.  You are one of them!

Jan 13, 2010 02:44 PM
Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417
HomeSmart Stars - Addison, TX
Real Service. Real Results. Real Estate

Steve - No way! I'm leaving the short sales to you.

Sharon - I love that word, aplomb.  And sucks, you're too kind.

Jan 14, 2010 09:41 AM
Karen Otto
Home Star Staging - Plano, TX
Plano Home Staging, Dallas Home Staging, www.homes

A day in the life indeed! I hope most days aren't like this one though Lorrie!

Jan 15, 2010 05:58 AM
Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417
HomeSmart Stars - Addison, TX
Real Service. Real Results. Real Estate

Oh, Karen!  If you only knew.  Most days are worse!

Jan 15, 2010 12:36 PM
Karen Otto
Home Star Staging - Plano, TX
Plano Home Staging, Dallas Home Staging, www.homes

Oy vey!

Jan 15, 2010 02:29 PM
Ricki Eichler McCallum
CastNet Realty - Corpus Christi, TX
Broker,GRI,ABR, e-Pro, TAHS

I just had one where everything was done and the buyer walks at 4pm the day before closing. Of course, the poor seller was the one that had to do the repairs. Where do we get the fortitude to go on? It all worked out with someone else.  

Jan 17, 2010 02:52 AM
Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417
HomeSmart Stars - Addison, TX
Real Service. Real Results. Real Estate

Ricki:  In this case, the buyer is paying for all the repairs BEFORE closing.  If he walks, he's given us a nice, free paint job among other repairs.

Jan 17, 2010 06:06 AM
Russel Ray, San Diego Business & Marketing Consultant & Photographer
Russel Ray - San Diego State University, CA

I liked your note to yourself. I need to write some notes to myself like that! LOL

Jan 19, 2010 11:37 AM
Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417
HomeSmart Stars - Addison, TX
Real Service. Real Results. Real Estate

Russel: I talk to myself all the time.  Don't you?

Jan 21, 2010 11:39 AM