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What "As Is" Means in a Sacramento Short Sale

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

as is short sale in sacramentoIt seems that home buyers in Sacramento sometimes believe that dealing with a short sale bank is identical to dealing with a bank that has foreclosed upon a home, when the two types of escrows are actually quite different. There are different departments of the bank that handle these two types of transactions and different procedures for the escrow.

In a short sale, the bank is not required to let the seller sell the home. It is at the bank's option when it allows a buyer to purchase the home from a seller at a negotiated price. Banks that elect to sell their foreclosure inventory have made the financial decision to sell those bank-owned homes. Although banks are not supposed to be in the business of real estate, we all know they have ways of hanging on to shadow inventory. But generally speaking, banks do want to sell their foreclosure homes and are only open to discussing approval of a potential short sale.

Sometimes I hear buyers and their agents spout the mistaken belief that "banks are so stupid because they should take that short sale offer or the home will go to foreclosure." They complain: "don't the banks know that it's better to do a short sale than a foreclosure" -- and that's pretty presumptuous and arrogant thinking. Because no, it's not always better to do a short sale. It actually can be better for the bank to foreclose. The bank is doing the buyer a favor by allowing the short sale, not the other way around.

Yet, still, some buyers believe they can continue to negotiate with the bank after they receive the short sale approval letter. Unless the appraisal is lower, I've yet to see a bank renegotiate after short sale approval. As a Sacramento short sale agent, I close a lot of short sales in Sacramento. In a short sale, the home is sold "as is" which means no repairs, no credits, no price reductions, and the condition of the home is the condition of the home. If you don't want to buy it, don't. But don't ask the bank to reduce the price because the bank is likely to tell you to take a flying hike. The bank doesn't care that a buyer forgot to budget for new carpeting or that the roof is leaking.

When I receive short sale approval, I try to explain to buyer's agents that now they might want to remind their buyers the sale is "as is."  Negotiations are over. The sale is contingent upon inspections, and a buyer is free to cancel for just about any reason. But a buyer is not free to try to renegotiate because it ain't gonna happen. What a renegotiation is likely to do is to set the stage for that next buyer who's standing in line behind you. But it's not gonna help you.

Photo: Big Stock Photo

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(7)

Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

This seems to be a hot topic on your blog lately....renegotiating short sales after approval letters come.  I've only had one buyer who was silly enough to try that tactic.  He lost the home, but another buyer was thrilled to step in and buy it for the approved price. 

Jan 12, 2011 02:56 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

It is coincidental to me that you wrote this today because I have someone who is making a big deal about a roof (and here you have one in your photo).

Jan 12, 2011 03:39 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Ha ... I have a buyer in 1st back-up position on a short sale and I hope they don't read your blog today :)

Jan 12, 2011 04:24 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Elizabeth - I'm LOL because I have seen buyers try to do this too and no matter how much their Realtor or me tries to tell them that once we get the approval letter, this is the time to accept or reject and then move forward, some still think they can negotiate something that was in the initial offer.  AAARRRGGGHHH!!!

For the most part though, while I may not have ordered the appraisal yet (in some cases), the buyers have probably already had the inspection done by the time we get the ss approval letter and they have already made the decision to accept the property in as-is condition.  The only time I have seen the buyer reject/cancel the offer after ss approval is if the approval came back demanding something that wasn't in the initial offer (happens all the time).

On another note, I also LOL at buyers who want to offer less than what is listed in the MLS as the approved ss price.  Once again, as much as their Realtor and I will tell them that they either offer the approved price or they start the ss process all over again, some just don't get it - SERIOUSLY!!!  Unfortunately, many times, you just can't fix stupid.

Jan 12, 2011 07:31 AM
Troy Funk
Allison James Estates & Homes, Sarasota 941-957-3737 - Sarasota, FL
Broker / Associate

Good points and well explained.  A Short Sale is a privilege, not a right. - Thanks for sharing.

Jan 12, 2011 07:49 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

If I am drawing an addendum for one of my short sales or a counter offer, I often put in the phrase: All parties understand home is sold in its as is condition. I do this as a reminder. But even still, I'll hear yakking about wanting to ask for the bank for a price reduction. I tell them to send me a cancellation because there are no perfect homes out there. Show me a perfect home and I'll show you a guy who is blind.

Jan 12, 2011 01:42 PM
Marcy Moyer
eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales - Mountain View, CA
Probate, Trust, and Investment Specialist

I don't even know how to start complaining about buyers who do not understand what as is means, and their realtors who are enablers. I once again maintain, do the inspections a head of time to make your life easier.

Jan 12, 2011 03:39 PM