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The Sophie's Choice for the Short Sale Seller (My Apologizes to Meryl Streep)

By
Real Estate Agent with eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales B.R.E. 01191194


Elizabeth Weintraub, Short Sale Guru, wrote an amazing blog about the short sale process from the seller’s perspective.  

She discusses the issue that when the buyer walks they do not lose anything and can go on and buy another house, but the seller potentially loses everything. They can try to get another buyer and another stab at selling the home, or they could get foreclosed. Getting fore-closed is getting to be the more likely scenario as many banks are refusing to postpone the foreclosure trustee sale or auction once the date is set.  Since so many sellers wait to initiate a short sale until they are really unable to make their payments and are close to foreclosure it does not give them unlimited time to go through the short sale process. Some banks are getting the sales through quickly, but others are still taking many months, especially if there are multiple investors on the loan.




There are two different groups of buyers who are interested in short sales. One is the all cash investor looking for a good deal for future appreciation or current rental cash flow. The other is the end user buyer who is going to live in the home.  There is a lot of debate over which one makes a better buyer.  Some of the pros and cons  for the seller are:






Investor Pro
  • All cash so can close faster once short sale is approved
  • Do not have to worry about buyer not qualifying for loan
  • Not going to live in the home so can usually wait for approval
Investor Cons:
  • Sometimes the all cash does materialize (they lose it in the stock market or their investor partner says no)
  • They find a better deal and walk
  • They have no emotional attachment to the home and will only buy if the numbers work for them so if the bank says no they may not budge even a few thousand dollars
End user buyer Pros:
  • They want to live in the house so may be more committed to paying what the bank demands if they qualify
  • They picked this home out of many others so there is probably something about this home that they want and it is not just a numbers game. This could possibly make them more committed to stick out the waiting period.
End User buyer cons:
  • They may need a place to live and not be able to wait for the bank’s answer
  • They may not understand the nature of a short sale and have only agreed to buy because they thought it was a good price for what they want.
  • They may not get the loan
So what is the seller to do when faced with choices as to whose offer to sign and send to the bank?
There are no guarantees in this business, but there are some things that can help a seller keep a sale together.

Things to do before putting the home on the market that help:
  • GET INSPECTIONS.  I know this is difficult financially but someone should put up the money to have a property and termite inspection.   Since the buyer needs to buy the house as is, and many are unwilling to do the inspections before the bank gives approval if the seller or the agent get them done a head of time it is to everyone’s advantage. That way after the bank does give approval there is not another battle of what has to be fixed and how that factors into the price offered and accepted.
  • If your home has problems that could make it difficult to get a loan then tell the potential up front .
Things to do after the seller gets an offer:
  • Have an open escrow. If the potential buyer will not put money into escrow for a deposit they are unlikely to stick around if the process is delayed.
  • Ask for the property contingency to be removed 2 weeks after the offer is signed by the seller.  Make sure that the buyer is ok with the property so that the transaction does not fall apart after the  bank approval due to dry rot, a broken heater, or some other problem. If the buyer is not willing to do that they may not be the right one for the property.
  • If there is a loan make sure the agent speaks with the buyer’s lender and that they produce an approval from the bank that is actually making the loan. Unfortunately too many people have been burned by some mortgage brokers issuing pre-approval letters that were not worth the paper they were written on.  If the buyer wants to use a mortgage broker who is unfamiliar with the agent then ask for an approval from a direct lender as well.
None of these things will guarantee that the buyer never walks but these steps do help weed out the buyers who are not great candidates for short sale purchases.
So back to who is better, an investor or an end user.  My personal experience is that a well qualified end user buyer is more likely to stick it out, but when these steps are followed, the difference is not that great.

 

Posted by

Marcy Moyer eXp Realty of California  Specializing in Probate and Trust Sales, and Rental Investment Properties

 

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Nope.  Won't work.

Buyers cannot be expected to asume the risk of loss for a short sale when they have no control over the actions of the other players.

Sep 16, 2010 02:07 AM
Glenn Roberts
Retired - Seattle, WA

Have to agree with Lenn on this one. The buyer makes a commitment for X days and the seller accepts. If the seller side of the transaction can't perform, the buy can walk and I don't blame them. Banks should learn about this and pay attention. It's not like short sales are a brand new thing any more. 

Sep 16, 2010 02:43 AM
Marcy Moyer
eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales - Mountain View, CA
Probate, Trust, and Investment Specialist

In my market almost all homes are put on the market already inspected by the seller's inspectors, except for short sales and reos.  In the case of an reo many winning buyers do their inspections before the offer in order to make a non contingent offer and have a better chance of getting the house.

By taking the question of how much is wrong with this house out of the equation on a short sale it can help keep the escrow going at the end when a buyer's walking can mean the house gets foreclosed. It can also help by putting more the buyer's skin in the game.  I am not saying they can not walk if the process is too long or they can not get a loan on the house, but it is less likely that the transaction falls apart because of the buyer.

I have used this technique successfully on both the buyer and seller side to win a home in a multiple offer situation or help the seller decide which offer to take. 

Not too many buyers want to make an offer on a house and then find out they need to do 20K in repairs. If they know in the beginning more rational decisions can be made.  It happens in regular sales all the time. I am just suggesting it become more common in short sales.

Sep 16, 2010 03:07 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

I like your suggestions and have similar ones for my listing clients. But, the buyer agents on my team are reluctant to do it, they don't want to tie up their buyers. How is this working out for you?

Sep 16, 2010 08:40 AM
Marcy Moyer
eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales - Mountain View, CA
Probate, Trust, and Investment Specialist

Missy,

It obviously works better on approved short sales, but are often willing to try it when there is only one loan, or 2 loans with the same bank. When there are two different banks involved I try to get them to inspect after first loan approval, but it does not always work.

Sep 16, 2010 09:06 AM