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Forgotten Professionalism Possession Is Negotiable

By
Services for Real Estate Pros with The Real Estate Investment Institute 1retiredsage

 

It’s a sad time we live in. Having lived through the boom time of the 1990's and early 2000's so many have forgotten or never learned what we once though of as basic professionalism. I don’t fault those with less than 20 years experience, I blame their brokers! Then again many maybe most of today’s brokers don’t have 20 years experience. So many agents and brokers only have 6 months experience many times over.

Least We Forget Possession Is negotiable ! When I came west from Michigan I was shocked to learn that possession is excepted to pass at closing. I knew closings get delayed and sometimes blow-up! I found the idea both un-civilized and a grave violation of my view of the listing agents fiduciary to the seller. The only thing worse is possession before closing!

Many, if not most, sellers can't afford temporary housing until their home closes, let alone move out then have the sale fall through. Temporary housing while waiting for another buyer is an unthinkable/unaffordable horror! Those selling short or desperate to sell may lose there only opportunity as vacant homes don’t show as well as occupied ones.

 

My students always negotiate a week to 30 days after closing for the transfer of possession and include contractual safeguards.! Yes, I know all the problems that delayed possession can cause, but before you holler remember where you fiduciary lies, remember those safeguards.

 

Moving before closing is insane! But, possession is negotiable! Don't mistake local practice with law. Realtors® don't forget who you represent.

 

Sellers ask for what you want, demand only what you need!

 

Buyers don’t forget, possession is negotiable and valuable! Make your offer more attractive request some thing reasonable, demand only what you must have.

 

Most importantly Agents 

 

Possession is valuable! Often extremity valuable. I’ve had offers accepted as much as $10,000.00 below the competition because we gave the seller time for a controlled exit! Think about that when hopping to buy a short sale, the seller can’t get any money, but a week or more could make your’s the best offer!

 

Possession is valuable! I recently wrote about starter homes, when Brenda and I bought ours we agreed to the seller retaining 6 months possession. 3o days possession was the norm then so we collected 5 months prepaid rent at closing, at $500.00 a month that was $2,500.00 that the bank recognized as additional down payment.

 

Today’s Conforming lenders might let you get away with one month, but never more than two. FHA and VA will never accept more than one months delayed possession. Not all lenders are Conforming lenders and I’m not talking about sub-prime lenders. There are still portfolio lenders, make sense lenders! Most Portfolio lenders are local state banks, state S & L’s and local credit unions although many are Conforming lenders, you’ll have to research your local market.

Carpe Diem!
 

Posted by

Bill

William J Archambault Jr

The Real Estate Investment Institute

wja@reii.org      Cell 832-259-7078,      Houston 832-582-8415,       Las vegas 702-516-1569

     http://www.reii.org  Back Cover One House At A Time http:www//reii.orghttp://www.flippingforfunandprofit.info/ http://www.billarchambault.com   

From my past: GRI 1975, FLI 1974, Catalyst from a client 1974 an agent that makes things happen, REII, The Real Estate Investment Institute 1995.

http://www.reii.org

©William J Archambault Jr   ©The Real Estate Investment Institute   ©REII

Comments(10)

George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Bill in all of the loans that I have done, there has been only one that the new Buyer did not take possesion at the time of the Closing.  The Sellers had kids in school and did not want to move out until school was over.  Even though this option exists, it is even rarely talked about around here.  If more Sellers knew about it, more of them would probably ask for it.

Feb 20, 2013 07:24 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

George,

That's only a slight surprise.

I've never worked East of Ohio, but as I understand it possession at closing is a Long tradition in the East, too.

But, the only traditions I follow are service and fiduciary!

Real estate offers so many options so many of them have been forgotten, but remain useful.

It amasses me that short sale buyers don't use 30 day possession to make there offers much more attractive than there competitors.

Bill

Feb 20, 2013 07:35 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

 Bill, I so agree possession is delicate and no one wants to sit out on the street with their moving van and nowhere to go. What a mess.

Feb 20, 2013 07:37 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Gary,

There is allot to be said for what's "usual" if it works for your client. But, there are options!

The only bigger possession mess than moving out then having the closing delayed or God forbid canceled is having it happen after insanely letting the buyer in before closing. Even that has it's uses.

Billo

Feb 20, 2013 08:39 AM
Karl Hess
Keller Williams Shore Properties - Barnegat, NJ
on The Jersey Shore

Bill, I made this mistake...once! Representing both sides of a deal, seller allowed buyer to take early possession before closing and of course the deal fell apart which left a big steaming mess for everyone concerned....NEVER AGAIN!!

Feb 20, 2013 08:43 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Karl,

I was lucky! I never personally made that mistake, but I've seen it happen over and over it again. A dule agent could end up a geldedif there is trouble.

There is a place for such risk and I have used it successfully, but it takes more legal work that most agents know or are willing to pay for!

As Churchill said: "Never say never, never, never, never!" But, pre-closing possession may be an exception.

Bill

Feb 20, 2013 09:06 PM
Karl Hess
Keller Williams Shore Properties - Barnegat, NJ
on The Jersey Shore

So true...the irony is that I thought I was doing everyone a favor and the deal appeared rock solid. Buyer was re-locating and needed some place to stay, seller would receive rent on a house for two months prior to closing which would cover the mortgage payment...we're all happy, happy, happy. Then the buyer found a small problem with the house that would normally be a relatively easy fix (and was not found during inspection), but the buyer made a huge issue out of it and made unreasonable demands which the seller refused to address to the satisfaction of the buyer. End of story; nobody is happy and I lose both clients.  Just a bad, bad situation.

Feb 20, 2013 09:56 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Karl,

That's only one of many potential troubles.

Bill

Feb 20, 2013 10:30 PM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Bill A, Since all this talk is about houses, I'm hessitant to bring up commercial transactions, but I feel I must.

I often use pre-close possession as a way of cementing the deal. Especially when getting lease assignments and other legal formalities might be delayed. I have "saved" more than one deal because the buyer took possession prior to close.

But then I am not talking about houses.

Bill Roberts

Feb 25, 2013 12:08 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Bill, Mr. R,

Me too, on commercial deals.

Most of our readers are home brokers.

Bill

Feb 25, 2013 01:44 AM