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, with 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
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