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It takes teamwork to clear the contract hurdles and sometimes a shovel

By
Real Estate Agent with Thompson Company, REALTORS® 240.593.2860 MD594797


I liken contract contingencies to hurdles. We take them in stride, some with ease and all smiles and others by biting our lip and working against the odds. Sometimes it takes repeated attempts but sheer determination and creative thinking will eventually send us flying over them.

A couple of years ago my buyers and I got stuck clearing the final hurdle underwriting. Come to think of it, that seems to be a common theme nowadays but that's a topic for a different blog.

The problem: the buyer's very thorough home inspector had made a suggestion for their information only to further improve the grading of the back-yard. Somehow this suggestion made its way to the lender ... into the appraisal and onto the underwriter's desk. Just like playing Grapevine, at its final (unintended) destination the suggestion was suddenly a condition which needed to be satisfied before the loan could be declared clear-to-close.

The condition required the regrading of the back-yard to the tune of $2,500. Needless to say my First Time Buyers were not thrilled and did not have $2,500 laying around. The sale was an Estate sale - as-is and the sellers were not going to pay for the regrading of an already graded yard. According to the underwriter, no grading = no loan approval. That hurdle suddenly seemed incredibly tall...

There were multiple people involved on the selling side and one of them remembered that grandma had had a French Drain put in around the whole house 10 years or so ago! Woohooo, right?! Not so fast. Ms. Underwriter can't just depend on a memory and demanded the original invoice from the contractor who completed the work! Once provided she would clear the loan to close! However, this was still an Estate Sale - all belongings had been cleared from the house, donated, sold, dumped and shredded! There was no invoice, not even a name for the contractor.

Frustrated with the situation but not willing to give in and regrade a graded back-yard the listing agent and I continued brain-storming about what to do next. I blurted out that I would just get a shovel, dig a hole and Ms. Underwriter could see with her own eyes that a French Drain was in fact present ... light-bulb ON!!

After much back and forth, it was agreed that it would suffice to prove existence of the French Drain by digging a hole and having the appraiser reinspect and verify. If our inspector was willing to write a statement that said French Drain would negate his suggestion of further improving the grading of the already graded yard, we would get the clear-to-close!

The inspector was willing, the hole was dug, the appraiser reinspected and we closed! Woohoo! It pays to dig deep sometimes!

Posted by

Andrea Bedard
Thompson Co., REALTORS®

Silver Spring, Maryland
andreabedard.com

Fluent in Real Estate and German.
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Comments(17)

Winston Heverly
Coldwell Banker Access Realty - South Macon, GA
GRI, ABR, SFR, CDPE, CIAS, PA

One would wonder were these items asked for back between 2000 and 2007? Just wondering?

May 25, 2012 01:43 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Andrea -- and sometimes a Realtor just has to do whatever to get the job accomplished and the transaction closed.   Good job.

May 25, 2012 01:55 PM
Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change
Never heard of anything like this before. Love the last line of your post!! Featured in Creative Solutions That Saved The Deal.
May 25, 2012 03:44 PM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

Winston, I'm going to take a wild guess here and say nope, not likely that this would have been an issue a few years earlier.

Hi Michael, yes we do - as long as it's legal and ethical, we do what it takes. Thank you!

Hi Karen, this was a first for me, too, and hopefully last! It is one of the biggest problems right now that mere suggestions are twisted into absolutely necessary and small issues are blown out of proportion. Thank you!

May 25, 2012 03:45 PM
Brenda Mullen
RE/MAX Associates - San Antonio, TX
Your San Antonio TX Real Estate Agent!!

Way to go Andrea!  Sometimes a bit of thinking outside the box will get the job done!  Who woulda thunk, just dig a hole lol :)!

May 26, 2012 10:42 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

Thanks Brenda :-) All we needed was a shovel to clear the final hurdle on this one (and a lot of patience!).

May 26, 2012 02:09 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

So... did you get the sore back and arms, or did everyone grab a shovel and pitch in?

Great solution - and I love your "can do" attitude.

 

May 27, 2012 04:00 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

Hi Marte, thankfully they didn't insist on exposing the whole drain, just a little area to show gravel was sufficient!

May 27, 2012 11:42 AM
Lori Bowers
La Quinta, CA
The Lori Bowers Group

That's what I love about real estate. You never know what will happen next.

May 28, 2012 02:25 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

Lauri, it sure can get excited! Sometimes a few less bumps in the road would be nice but where there is a will, there is a way!

May 28, 2012 01:42 PM
Connie Harvey
Pilkerton Realtors - Brentwood, TN
Realtor - Nashville TN Real Estate

Andrea, that is a great story! Congratulations on your quick thinking.

May 30, 2012 04:22 AM
Emily Medvec
eXp Realty LLC - Santa Fe, NM
Broker | Realtor | Serving Santa Fe & Northern NM

Wow! Ironically, we are digging up our old french drains today to make them better. Now I will photograph and document them for any future underwriter out there! What is amazing is your quick thinking and never ending ways to make sure the underwriter would approve the loan. Talk about working in the trenches! Congratulations!

Jun 11, 2012 11:24 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

Hi Conny, I apologize, I'm not sure how I missed your comment! But thank you very much!

Hi Emily, just make sure you keep your original invoice! If we have  had that it would have eliminated a lot of headaches. Needless to say I was so happy that they went with our idea ... there was really no point in regrading that yard, we just had to come up with a way to prove it. Thank you very much!

Jun 11, 2012 02:14 PM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Hi Andrea, congratulations on your honorable mention in the contest. You have a great story here that shows creative thinking.

Jun 12, 2012 01:48 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

Thank you very much Sandy! The demands of the underwriter were just so unreasonable. we needed to come up with a way to avoid the expense or for the contract to fall apart. I'm glad we could make it happen!

Jun 12, 2012 02:00 PM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Andrea -- Congratulations on getting an honorable mention in the“Creative Solutions That Saved the Deal” Contest 

 

Jun 13, 2012 06:26 AM
Dee Toohey
Innovative Realty Solutions Group - Longwood, FL
Broker, ABR, AHWD, CIPS, FMS, ePro

Congratulations for your determination and creativeness in resolving this situation.  Sometimes, underwriters are rediculous in what they want and always at the last minute.

Jul 14, 2013 10:41 PM