366-Day Journey

On this short sale I was contacted by the Law Office. They had a client, who owned a condo-hotel unit in Plaza Resort & Spa and all they needed was an agent to get it listed and get the Buyer. They were the ones who negotiated the deal.

The Attorney Goggled the Plaza Resort & Spa in Daytona Beach, and found me on AR, read the blog, called me, and a few days later we had a listing. It happened just days after my client did not get a deal in Plaza, because he wanted to lowball it too much. I told him he was playing with fire, but he believed the newspapers and TV more than me.

And they took another offer, higher than his. I called him, told him what the Seller would take, so not BS here, and if he wanted, he could get it. Good price, fair, but not a dump. This time he believed me. Got it under contract. It was supposed to be an easy deal.

I regularly made inquiries in how the things were progressing, usually I was not getting quick response from the Law Firm, so I would forward the request to the Seller, the Seller would bug the attorney, the attorney would respond to her, and the Seller then would let me know.

When we prepared the contract, I specified in the documents that we were supposed to be present at BPO, or appraisal. And suddenly I find out that the appraisal had been done. The Law Office proudly coordinated everything. Oops... Not good, but it is water under the bridge...

Then I get a message from the attorney that unfortunately the Lender is not agreeing to the price. And no word what the counter is. What price the bank would accept. Why is the problem. No, nothing... If the Buyer offers a grand more, would it be OK?

Well, the attorney does not know. It is unfortunate but looks like it is going into foreclosure. Excuse me! Can I have the authorization and talk to the negotiator? The Sellers sign on the authorization, the law office give me the contact information.

Calling the negotiator. Not right away, but within a couple of days I call and she takes the phone. What is the problem? The Lender wants $65K and the contract is for $45K. Why is $65K? Because that is what the appraisal came at. Well, I have a great news for you, the appraisal sucks. I know all the sales there, I have sales for under $40, and not one, or two, or three... What can we do? Nothing, they have the appraisal, and nothing can be done.

Nope, nothing can be done only when nobody wants to do anything. Why not have another BPO or appraisal? No, they can't. But what if the appraisal is wrong? Still no.

Then I ask her what units were used for comparison. She gives me the numbers. Oh, it is wrong comparison. The appraiser compared apples to oranges. Out of 3 units he used, 2 are much larger direct oceanfront corner units. Yes, but the appraiser adjusted for that.

No, he didn't. He could adjust for the size, but did he noticed that the units he used had two balconies instead of tiny one, and they have full kitchen with a stove, and the subject property does not have it? At the same time exactly the same mirror unit like subject on the next floor up was just a few weeks ago sold for $40K. Why it was not used for appraisal, while different type of units were?

Still can do nothing kind of response. I tell her that it is not that nothing can be done, when I presented her with the facts, which contradict what she has. It means that she personally would not do anything, and I ask her to confirm her unwillingness to do things right... She hesitates...

I am putting the list of sold units and show the prices for what the units were sold for, and I explain the difference between them, and I show which were identical and comparable and which were not and why. I am e-mailing it to the Negotiator, to the attorney, the the Seller. The Seller presses the attorney, and the attorney calls the Lender.

A few days later we receive a call that we need to arrange access for an appraiser. This time the law office does not do it themselves, and call me. Good. I get keys from different type of units in the resort. The appraiser from Orlando comes. I show him the unit and show what was used for the previous appraisal, and explain the difference. The appraiser makes notes on all his printouts.

He leaves. A few days later there is the approval letter from the Lender. $45 is accepted. We closed in March. A few days later I have received this e-mail (I deleted the last name, as I did not ask for the permission):

Hi Jon, 

Just want to send a special thanks to you for the GREAT job you did for us.  We were very impressed with the way you handled the whole situation and the fact that you stuck with us till the end and kept the buyer in the loop!!!!  I know at times your patience was tried (as was ours), but it is now finished!!!  What a journey!!!!!! 

It was exactly one year and one day from the time we signed the agreement at the attorney's office until the closing day.  Many times we wondered if it would ever close, but IT DID!!!!!   Many thanks to you!! 

We would and will gladly recommend you to anyone needing a realtor in Daytona Beach.  You were professional and capable.  We know we owe the sale to you and we thank you from our hearts!! 

Sincerely,

Dale & Elizabeth [  ]

 I checked my file in Outlook. 223 items that I saved regarding this transaction.

The buyer, a very conservative gentleman, that showed enviable patience, came to Closing, signed the HUD, and then turned to me and said "I am very surprised at your commission. Is it all?" Yeah, it is all. But I am not compaining. I am glad we got to Closing, I am glad the Seller appreciates our help, and I am happy the buyer does  not think that we just steal people's money for doing nothing.