Special offer

Who Am I to Dictate to the Buyers?

By
Real Estate Broker/Owner with Daytona Condo Realty, 386-405-4408

I just read a blog posted by LaNita Cates Do you let your buyer write two offers?

It is not a unique situation when the Buyers walk away from the short sale. They were walking away before, they are walking away now, they will be walking away tomorrow. In this case the Buyer made an offer for two properties, and bought another one. It is not the "walking" Buyer that surprises me. It is the notion that we control them.

“Do you let your buyer write two offers?” I would not even put it this way ..." They are the bosses, not me. As long as what they do is not illegal, why would I refuse it?

If they want to put more than one offer, there is nothing illegal and shameful in it. It is nice to notify the Listing agent that the buyer is making more than one offer, but it may not be the requirement of the law either.

Bring me the offer for our short sale and let me know that you have more than one offer, and it is perfectly fine with me and, hopefully, Contract - jon zolskywith my client.

We all know that it takes exorbitant time to get to the short sale approval. For many of Sellers it usually means that they sell not to the first Buyer, and quite often not to the second buyer…

People get tired of waiting and in several months no matter how great the deal is, their patience dries out. But if I do not do something for months, nothing would ever happen.

So, if I am a Listing agent on a Short Sale, I want an offer, so that we can start working. Even if this is not the ideal offer, I need the ball rolling. If the bank comes back with a counter, I at least know what buyer we need. We in any way are closer to the closing, and it makes it a bit easier.

But it does not mean that you have to take any offer and there would be no conditions. We would advise the Seller not to accept any offer with less than 90 for approval by the Short Lender. In the Short Sale addendum we ask for another automatic extension for 45 days, if the Lender needs more time to close. So we do have 135 days.

We would not usually agree to the deposit going in Escrow at time of Lender’s approval. It goes at signing, and if they walk away prior to expiration of 135 days, their deposit is at risk.

So, if the Buyer would put a couple of thousand dollars in EMD and signs for 135 days, if he leaves, the seller gets the right to claim the deposit, and at the same time we are closer to the approval, and can start looking for another buyer. I expect the Buyer at some point walking away. Nice if they stay, but I live with the reality. I just try to do the best knowing that reality.

I do not even need to know that they are making tons of offers. It is often a frustration for the listing agent when the buyer walks away because the steps to protect Seller's interests were not taken, and now we are angry with another agent.

Hey, she works for the Buyer. Protecting our Seller’s interests is our job.

* Image courtesy of NobMouse via Flickr.com

Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Jon, I didn't read that post - but if a buyer wanted to write two offers that put them in jeopardy of accidentally buying two houses, just in case they both are approved as is at the same time, that I wouldn't let them do. But if they are protected legally, why not? I have an offer in right now and we are just counting the days before we submit an offer on another house that is not a short sale and if we can negotiate it, will close in a timely manner.

Aug 23, 2010 04:04 PM
H.C. Tidwell
Denver, CO

if it's legal it is not for us to impose our opinions. Otherwise we could get caught in the act of not following the law and face charges ourselves.

Aug 23, 2010 04:13 PM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Jon, As Sharon said, I wouldn't want them on the hook for 2 homes. At every class, every seminar when this topic comes up, we are warned that it is possible our buyers could be on the hook for 2 homes. I am sure it is rare though.

And I can bet money that agents who do this on a regular basis would blow a gasket if this was done on one of their listings. I'm just sayin...

Aug 23, 2010 11:52 PM
Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

You are right about the choice of words "Would you allow your buyer?"  I think it's more talk than reality. Do agents really have that kind of control over their clients?  Would their clients obediently comply?

Aug 24, 2010 01:00 AM
Mike Saunders
Retired - Athens, GA

John - as usual, a lot of thoughts to ponder on this. And some things to consider as a listing agent. I will continue to follow this thread.

Aug 24, 2010 03:01 AM
Bill Burchard
3B Realty: 951-347-3818, CA - Murrieta, CA
Broker, Realtor, Representing Buyers and Sellers

Good morning, Jon. I’ve submitted lots offers for short sale properties and was asked only once to have the buyer submit a small deposit along with the offer. My buyer refused, and her offer was accepted anyway. I can only conclude that the EMD wasn’t that important for the seller.

Looking at short sales from the buyer’s perspective, it’s a lot for a seller to ask… let alone demand… that a buyer take the risk of losing their deposit if they walk, because the odds of a buyer walking are very high. As you point out, the buyer has to typically wait several months before learning whether the short sale lender will approve the short sale. And as time goes by, the buyer becomes very concerned (nervous and sefl-doubting) that their offer will be approved by the short sale lender. It’s at that moment in that state-of-mind that the buyer decides “…to just keep looking” and withdraw their offer.

 

Aug 24, 2010 05:09 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Sharon - the buyer may risk losing EMD and some do it, and as long as they put enough down, the seller may be OK.

They need to know that they can lose the EMD. But it is a great system to weed out frivolous buyers.

Aug 24, 2010 08:19 AM
Jack Mossman - The Nines Team at Keller Williams in Lodi
The Nines Team at Keller Williams in Lodi - Lodi, CA
The Nines Team in Lodi

Thanks Jon for pointing out that listing agents work for the seller .... and the buyer's agent works for the buyer!  It is a happy coincidence when we all move in the same direction at the same time and close the transaction - but look at the quoted stats ... that seamless closing is the exception, not the rule.  Yes I am put out, when I finally get an approval and the buyer has left the field.  I feel a little like the home football team that scored a touchdown, three plays after the visitors went to the locker room.  Buyers making offers on short sales need to understand that the process is long and frequently difficult. 

Aug 24, 2010 03:29 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Andrea,

I simply do not expect the niceties from another agent, and I would rather take steps to protect the Seller from frivolousness of the Buyer.

And if the Buyer does not want it this way, fine. Nobody wastes time

Aug 24, 2010 05:06 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Tim - I agree with you on this 100%. It is talk... Hopefully it is.

Aug 24, 2010 05:07 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Mike - as it happens, I would rather have this one featured, as a rebuttal to the featured post, because of so many lightheadedness there in the comments.

But AR decided to feature this light and humorous (IMO) post about videos

So, we realistically will not really have a meaningful thread.

Aug 24, 2010 05:09 PM