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23 Comments on Get Everything Signed Quickly....You May Be Beating The Pavement Again
Cindy.... I don't understand what some buyer agents are thinking, but they need to understand that there is no deal until both parties sign.... people can change their mind and not sign.
Barbara, How true this is. I recently had a verbal agreement on a home as a buyer's agent. The listing agent said the sellers verbally accepted our contract, but the seller were away and not reachable to sign the contracts until 4 days later. Although the sellers accepted my buyers contract, a bidding war soon followed on the 4th day. The frustrating part is, we could have been done with our attorney review period in those 4 days if the seller simply signed the contracts. Frustrating! Hope you enjoy your weekend.
Hi Jeana..... that's another scenario..... and we know how everyone loves a bidding war!! you enjoy your weekend too...
And don't forget the deposit/ earnest money. In Louisiana it's not a binding deal until the check is delivered. Agents have a habit of forgetting this minor point.
Good point.....
I'm so happy to be able to put away my walking shoes! Having just been both seller and buyer, it's nice to be on the finished side of both deals!
Sharon.... I remember when you did that.... it's a relief I'm sure....
Hi Barbara,
This is sooooo true. Here in NY we work with attorney's for the contract portion and they don't have our sense of "urgency" sometimes. So I end up biting my nails for about a week waiting for them to get the job done. The good ones, of course, recognize that losing a property becuase of a casual attitude towards the clock ticking is deadly. The real problems arise when the buyer or seller insists on using a family member who is NOT a real estate attorney to "save money". I can generally control the situation on my side, but the other side is another matter. My late father did real estate transactions from time to time, but he was a real estate attorney for many years before switching specialties. He knew what he was doing. He said the worst problem was a confrontational litigator doing a real estate deal for a family member. Apparently they often fancied themselves the real estate version of F. Lee Bailey...and I have found out the hard way that it is just this sort of thing that can kill a perfectly good transaction.
I actually state in the acceptance/counter that until we have a fully executed agreement, and with a deadline for that, we can continue to accept offers. Move fast
Ruthmarie.... sometimes we never get to the point of using an attorney becaue deal one is "no longer" and deal two is now the winner.... once we get into the legal end with attorneys hashing out the p&s, we leave it alone.... we nudge and remind them that the clock is ticking, but we rarely have a problem there.
Karen....good thought...
Barbara...
I never rest until we go binding, because like you said, it ain't over 'till it's over!
Hi Richard.....and yet, there are so many who exhale before anything is signed..... we take nothing off the market until we have it all in hand and the seller agrees to it, AGAIN.....
Great points Barbara, I recently had this same problem with a buyer agent who demanded i place the listing in pending as soon as she handed me the offer that still had changes from what the seller countered making it still an offer and not a contract. I do teh same thing, it is not placed into pending until everything is signed, sealed and delivered.
Good evening to you Barbara thank you for your post it is a great one as usual. You are always right on track with what you say, it is not a done deal until all have signed, and then you have option times, financing time frame and a whole host of other items to get through before you are closed and funded. As a listing Broker that is what we are here to help our clients with step by step until the words closed and funded are heard. Have a blessed day talk to you soon.
Barbara, more than one rookie lawyer gets this one wrong. Some have tried to argue that a verbal contract is a contract. However, you point out the great truth of real estate, "The only enforecable contract in real estate is a written one." Too many times agents forget this.
Cal
Hi Barbara. It is amazing how the buyer's agent "assumes" the property is under deposit without signatures.
Hi Barbara, isn't that the universal truth! Time is of the essence and I recently ran into a situation where the listing agent insisted he would not have his seller put anything in writing and his verbal was good enough - HA! A verbal doesn't mean anything if it isn't in writing. Buying a home requires a signed and executed contract. My buyers walked. That agent made them very nervous and I don't blame them one bit.
Hi Barbara. All kinds of ways to get something signed these days and it's pretty easy to boot. Definitely not worth taking your time to get it done. Once you tell the buyers or sellers the ramifications if they are dragging feet, they are quickly on board too.
This is why when I represent buyers I try to get the buyers' and sellers' signatures as fast as possible. Another offer could come in and beat ours. it has been known to happen. And the market is heating up!