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How a Missing Carbon Monoxide Detector Almost Caused a Short Sale Blow Up

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

The sellers are taking all of the appliances and leaving the range. I read that in the marketing comments of a Sacramento short sale listing yesterday. Wow, really makes a buyer want to buy that short sale, doesn't it? Speaks volumes about the owners and, I might be reading too much into it, but it sounds like the listing agent could be a little irked, too.

What that type of sentiment conveys is the bank screwed the sellers so the sellers are going to screw the bank. Except it's not the bank that suffers. It's that first-time home buyer who is scraping together the 3.5% down payment required to buy a home with an FHA loan. The person those sellers once were. Makes me want to grab them by the shoulders and shake them. But I am also very relieved they didn't call me.

I like to work with sellers who have a conscience. Some agents will tell you it's not necessary to like your sellers because their money is just as good as anybody else's. However, I differ in that opinion. As a Sacramento short sale agent, when I list a home, I am making a commitment to those sellers to see it through to its successful conclusion.

That could be a very long commitment. It's certainly longer than a traditional transaction. Short sales in Sacramento take on average 4 to 6 months to close. I have one short sale right now that's been going on for 2 years. More than two years!! It's closing on Friday.

I have a lot of closings this month and next. A Sacramento short sale closed yesterday by the skin of its teeth, and you might be interested to hear what happened. This was the Aurora double loan short sale in which the second Aurora lender came back to us at closing to demand a contribution. Yes, after the approval letter was signed and after the HUD was approved.

After receiving the sellers' permission to tell the negotiator to go jump in the lake, I told the guy no. No, no, no. The buyer won't pay it, the agents won't pay it, and the sellers absolutely will NOT pay that demand. If the mortgage insurance company, which they just discovered affected the transaction, wants $7,500, Aurora will have to pay it. Whether Aurora did, I don't know, but the bank backed off and allowed us to close.

Except we couldn't close. Why couldn't we close? Because an underwriter decided it would not allow a contribution by the agent on the HUD. We were talking about $125. That was a reinspection fee charged to the buyers because the appraiser had to go back out to check that batteries for the smoke detectors and a carbon monoxide detector was installed. I had asked the sellers to do this early on when I took the listing. But it was overlooked.

The buyer's agent was very irritated and irate that his buyers were forced to pay an extra $125 for the reinspection. The agent registered displeasure and then left the country. Just to keep the peace among all the parties, I offered to pay the fee. But the underwriter would not approve it unless it was paid outside of escrow. I don't pay fees outside of escrow. I suggested they find a way to work this out. But the two mortgage loan officers could not figure it out, so the transaction did not close. Over $125!

I gathered information from my own mortgage broker and sent it to the buyers' lenders and agent. There was a way to do it. We closed this week. The lessons here are three-fold. First, make sure all of the smoke detectors have batteries and a carbon monoxide detector is installed before an appraiser goes out to the house. Smoke detectors take 9-volt batteries. A carbon monoxide detector costs about $25. The cost of a resinpection? $125. The cost of not closing escrow, enormous. Second, carefully choose your mortgage loan officer. And third, look at the big picture -- that of the opportunity to buy a short sale home -- so, don't make mountains out of molehills.

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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)

Robin Rogers
Robin Rogers, Silverbridge Realty, San Antonio, Texas - San Antonio, TX
CRS, TRC, MRP - Real Estate Investment Adviser

Hi, Elizabeth:

All transactions are subject to Murphy's Law, but short sales seem to take it to new levels. I could write a chapter about a recent experience, and you probably have enough material for an encyclopedia!

Cheers,

Robin

Aug 25, 2011 04:00 AM
Lora "Leah" Stern 914-772-4528
Coldwell Banker, 170 N Main Street, New City NY 10956 - New City, NY
Real Estate Salesperson

Elizabeth, hard to believe that a missing carbon monoxide detector was the cause of all that angst.  Good work on your part.

Aug 25, 2011 04:11 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

me too on the "must like my clients" or I'm not working for them.  And wow... a $2.00 battery caused all that.  And $125.00 re-inspect fee???  Ours is $50.00.

Aug 25, 2011 04:37 AM
Barb Van Stensel
Chicago, IL

It is frustrating and the time it takes to figure it out because those who should know, well, again, the Sacramento Short Sale Agent steps in and finds the solution and reaches out to her sources and gets it accomplished.  Ugh ... on those carbon monoxide and smoke detectors but I have a punch list that I go through with the home seller whether it being any type of sale short, long, in-between, I run the list and mark what has to be done so we don't have these type of glitches.  Helps to have brothers who are commercial appraiser and residential appraisers.  I always get the low-down so I don't have the show-down!  "Sorry, punchie today."

 

Aug 25, 2011 04:50 AM
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

OMG -  I am soooooo thankful that we don't have to deal with nonsense like this!  I think I'd be bald from pulling my hair out.  You have the patience of a Saint and I commend you!

Aug 25, 2011 05:21 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Robin: I laugh at the time I told this guy I had nothing more to say about short sales and I had said everything possible there was to say. Hahhaha, I slap my own face.

Hi Lora: New requirement in California that every home have a carbon monoxide detector after July 1.

Hi Tammy: Part of the problem stemmed from the fact that the MLOs wrote up the fee as a second appraisal fee rather than a reinspection fee.

Hi Barb: Don't even get me started on FHA loan conditions.

Hi Susan: The thing is I don't have patience. I would not say that patience is my strong suit, LOL. I don't think people who know me say, Wow, that Elizabeth is one patient woman. I want it now and I want it all now. But if I can't have now, well, what the heck, I'll wait.

Aug 25, 2011 02:08 PM
DeeDee Riley
Lyon Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Hi Elizabeth,

I heard at one of our office meetings a few weeks ago that this is happening and it isn't right that it's a seller issue but the buyer pays the price if it's not done.

Aug 26, 2011 04:41 PM