Contract terms.  Interesting???

In December of 2005 I had a buyer in contract with a requirement for closing of December 24, 2005.  He had a deposit of $118,500 on the table.  All contingencies had been removed.

 The date came and the date went.  No big deal, said the buyer.  We can close tomorrow.  Tomorrow turned into T+1, then T+2.

The contract called for a written notice of default and then 3 business days to cure.  I did my part, buyer did not do his.

We had a back up contract, subject to ultimate default, from buyer #2.

It was a slow market.  It didn't matter.

Buyer did not close and lost $118,500.00.

Buyer # 2 closed at the same price as Buyer #1.  Seller got contract price ++ $118,500.

Here is the point - - The little documents called "Purchase Agreements" need to be treated as DOCUMENTS WITH CONSEQUENSES. 

It is very important that timelines be followed.  You could burn $118,500.  Maybe more.

Richard F. Kruse is the President of Columbus, Ohio based Gryphon USA, Ltd. (www.gryphonusa.com).  The Gryphon Organization includes Gryphon Asset Management providing receivership and consulting services in the distressed marketplace, United Country Ohio Realty & Auction Group (www.ucohiorealty.com & www.ucohioauctions.com) providing real estate brokerage and auction services throughout Ohio and OnlineAuctionUSA.com (www.onlineauctionusa.com) providing commercial asset liquidations from the Midwest to East Coast. 

United Country Ohio Realty & Auction Career Opportunities Available.  Call 614-885-0020 x 17

 
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4 Comments on How Fast Can You Loose $118,500 ???

JAN
05
2007
434,704 Points 70 Featured Posts Outside Blog

rich,

loan me 20 bucks!

7:05am • #1
1 Featured Post

2% a week, interest only, 3 month balloon and it must be secured by real estate.

Too bad that this was not an auction, I would have been able to split the default with the seller.

8:54am • #2
145,266 Points 7 Featured Posts Outside Blog

i have seen some pretty weak contracts.

i cannot believe some people dont read more

8:59am • #3
116,568 Points 9 Featured Posts Outside Blog
That, Tom, is most of the problem.  People don't read the agreement.  They have no idea.
10:02am • #4

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Rich Kruse

Columbus, OH

More about me…

Gryphon USA, Ltd.

Address: 9387 S. Old State Rd., Columbus, OH , 43035

Office Phone: (614) 885-0020 x 17

Cell Phone: (614) 885-0020

Email Me

A lighthearted and informative look at the real estate and asset sale professions. The Gryphon Organization provides real estate, auction and asset management services through a variety of subsidiaries including Gryphon Asset Management and United Country Ohio Realty & Auction Group.


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