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8 Comments on Warning: The Benefits of a "Regular Sale" in the Current Northern Virginia Real Estate Market May Be Absent
Chris Ann, can they even do that? Once the contract is ratified without the "as is" clause, the sellers obligate themselves to fix the systems and appliance items. Period. End of arguement.
Chris Ann - AMEN!!! What's that saying "Disclose, Disclose, Disclose!!!" Personally, if more sellers and their listings agents were more honest and upfront from the get-go, we would probably see a lot less buyers walking away later and cancelling the transaction. At least, I know me and my borrowers would see a lot less cancelled transactions.
Lack of disclosure is the number one complaint I hear from my borrowers who cancel transactions. I'm not just talking about surprises that the sellers or their agent didn't know about but stuff they did and didn't disclose. Don't you just love it when some seller says, "Oh, I forgot about that" when you confront them on some mickey mouse repair they did to avoid having to address some bigger issue?
Pat: Technically, they can't. It's annoying. But you can't get blood from a stone either. The other agent and I are working on cashing in some favors/deals to help bring the cost of the repairs down.
Donne: Absolutely. If he wanted to sell the flippin' house as-is, his agent should have said so instead of hinting at it. Real estate deals are no place for insinuations. Come out and say it!
Chris Ann -- in the state of California, our purchase agreement states all properties are sold in as is condition. That said, sellers(even short sale sellers but not REO, probate and some types of trust sales) need to complete disclosures that state conditions of the property. The buyer has the right and always should have an inspection(regardless of the type of sale). Do buyers ask for credits or repairs? Yes, it is very common. Are sellers obligated to complete repairs or give credits. Hmm, depends --- but the "general rule" is NO(water heater earthquake strapping, smoke detectors and carbon monoxide detectors are state requirements). Do sellers ever comply? Of course, if there are no other viable offers and the request is reasonable most times the parties want to work together. If the buyer's request for a credit/repair is rejected, they can cancel the transaction. As we know, all real estate is local so if Virginia real estate practice states that an as is sale needs to be specifically stated, the listing agent/seller should have stated it up front --- anything else seems to be a big red flag.
Michael: In this case, the Seller IS on the hook for repairs he can't afford. Those that are a condition of the contract are the systems and appliances in the home to be in "normal working order." Other stuff he's not on the hook for, but he out right rejected his responsibility. My Buyers can walk, but they want the house. Now we're in a pickle.
Chris Ann -- and not a very tasty pickle at that. Good luck.
In this market, you almost have to assume a regular sale is just one hiccup from being a distressed sale.
Michael: Not in a pickle now. The contract was voided and now they are pursuing it as a Short Sale in As-Is condition.
Anne: I'm with you. Guilty until proven innocent.