Warning:  The Benefits of a "Regular Sale" in the Current Northern Virginia Real Estate Market May Be Absent

There is no doubt that the economy has had it's effect, in some way, shape or form, on just about everyone you know.  In the Northern Virginia real estate market, the effect is obvious when you hear of a Short Sale or Foreclosure hitting the market.  I'm here to tell you that even the "regular sales," the home owners with equity, have been hit by the economy.  And what that means to a Buyer may not be readily apparent.

Right now I'm representing first-time Buyers who found the home of their dreams in Manassas Park.  And it was a blessing to hear that it was a regular sale.  Despite the disclosures by the Listing Agent that the toilet and sink in the second level hall bath were leaking and/or non-functional, the listing made no mention about the home being sold as-is.

When a home in Northern Virginia is sold as-is, it means just that.  The paragraph in the sales contract that calls for all systems (heating, cooling, plumbing, electrical and appliances) to be in normal working order, is deleted.  You get what you get.

Well, my Buyers wrote an offer without an as-is clause, offered more than they had wanted to, and asked for less than they wanted to in closing help because we were told the Seller was "cutting it close."  The home inspection revealed about ten walk through items that would be required repairs by the home owner to fix.  In the meantime, a title search revealed HOA lien upon HOA lien.  My gut told me that the items that were required to be fixed might get done, but the negotiable items (of which there were about five) would not.

What my Buyers and I were NOT prepared for was for the Seller to send back an addendum that stated the home was being sold as-is and offer them $250 for that change up at this stage of the game.  So much for buying a "regular sale." 

My honest opinion is that if your home is being marketed as a "regular sale," there are certain expectations Buyers have.  Required repairs to the systems and appliances in the home that are in-operational being one of them.  If that's not part of your "regular sale," disclose that fact up front and ask for an as-is clause as part of the offer.  Counter an offer with one.  Don't wait until AFTER the home inspection items have been given to you to sucker punch the Buyer with a switch to as-is. 

Being up front is the best approach in real estate.  It's about setting expectations.  You're not really a "regular sale" if you're being sold as-is, the same as the Short Sale or Foreclosure down the street.

Chris Ann Cleland, Associate Broker- Licensed in Virginia, GRI, SFR, Northern Virginia Short Sale Specialist. Affiliated with Long & Foster, 7526 Limestone Drive, Gainesville, VA 20155.  To contact Chris Ann, call 703-402-0037 or email chrisann@LNF.com.  Or you can visit her website:  www.nvarealestate.net.

Header photos taken by Chris Ann Cleland.

The opinions expressed in this post are those of Chris Ann Cleland, not those of Long & Foster REALTORS®.

 
This post has been included in Virginia Real Estate News Prince William County, VA Real Estate News Manassas Park, VA Real Estate News
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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

AUG
17
2011
1,913,523 Points 386 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

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. 

12:54pm • #1
596,136 Points 70 Featured Posts Outside Blog Called Shot Master

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? 

12:58pm • #2
1,519,652 Points 112 Featured Posts Localism Sponsor Outside Blog Called Shot Master

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!

1:15pm • #3
590,178 Points 58 Featured Posts Outside Blog Called Shot Master

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.  

2:09pm • #4
1,519,652 Points 112 Featured Posts Localism Sponsor Outside Blog Called Shot Master

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.

2:24pm • #5
AUG
18
2011
SEP
02
2011
117,447 Points Called Shot Master

In this market, you almost have to assume a regular sale is just one hiccup from being a distressed sale.

7:16pm • #7
1,519,652 Points 112 Featured Posts Localism Sponsor Outside Blog Called Shot Master

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.

7:53pm • #8


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Chris Ann Cleland, Associate Broker, Northern VA

Bristow, VA

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Long & Foster REALTORS®, Gainesville, VA

Address: 7526 Limestone Drive, Gainesville, VA, 20155

Office Phone: (703) 402-0037

Cell Phone: (703) 402-0037

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