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When the Seller Cancels Your Sacramento Short Sale

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

sacramento short sale cancelsI am often the bad guy in a Sacramento short sale. I'm the one whose job it is to say no to the buyer. The buyer's agents, the poor stressed-out guys, they have a tough enough job and they don't want to say no to the buyer. Nobody wants to say no to the buyer, so I'm the lucky one who ends up with that delightful job.

For example, I have worked on many, many short sales in which damage occurs to the home halfway through closing. Some kid breaks in, tears up the house and the buyer thinks the bank will give her a break on the price or renegotiate. She doesn't understand that the bank doesn't own the home. The bank has little incentive to do a short sale. She is fortunate that the bank has agreed to sell to her as a short sale. She is also lucky the bank hasn't demanded a higher price for the 4 to 5 months she's been waiting to close because prices have gone way up. She tells her agent she wants the listing agent to submit the damages to the bank and get her a price reduction, even after I've told the buyer's agent no, and no, and no, again.

The reality is the bank knows the seller can put this back on the market and command 5% to 10% more than its present sales price. And we will get it. In its present condition. The bank doesn't care. In my younger days, I tried to fight but the answer always came back the same. No and Hell no. The slim chance that it might get approved, the tiny, miniscule slim chance, is not worth effort. Reality is if the buyer doesn't want to close under the conditions that are present now, she can cancel, and we would close faster selling to somebody else than dinging around on this. Short sales are sold AS IS.

Same thing when it comes to canceling a short sale contract. The short sale addendum states how long the buyer is willing to wait for short sale approval. When that time is over, the contract has expired.

Read more in my professional blog today about When Your Sacramento Short Sale Contract Expires.

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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(9)

Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

We don't have an "end date" on our contracts ...fortunately.

May 31, 2013 04:53 AM
Jim Patton
Aspire Home Real Estate 209-404-0816 - Modesto, CA
Realtor - Stanislaus ,Merced, San Joaquin Counties

That is so true Elizabeth.  The only bank that I have had acutally agree to repairs is Wachovia, but they are not your typical short sale bank. 

May 31, 2013 05:00 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Sally: So, in Wisconsin, buyers and sellers agree to wait forever for short sale approval, with no rights of cancellation?

Hi Jim: Wachovia is not like any short sale bank on the face of the planet. :)

May 31, 2013 05:46 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

I have found no and hell no to be pretty clear responses. I always love reading your expertise in the short sales area Elizabeth.

May 31, 2013 06:35 AM
James Dray
Fathom Realty - Bentonville, AR

Morning Elizabeth if it goes by the agreed closing date our buyers can walk and get their earnest money back but some wait.  It proves well worth it in the long run. 

May 31, 2013 08:33 PM
David Grbich
Realty One Group - www.FindCARealEstate.com - San Juan Capistrano, CA
Orange County Real Estate - 949-500-0484

Hi Elizabeth - short sales are not for everyone but patient and flexible buyers can do very well especially if the price was locked months back and the bank is nice enough to take the hit. Regards Dave

Jun 01, 2013 01:43 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

I guess it depends on where you are on the short sale process and how important it is for the seller. For example, if the seller were to walk because the property got damaged, you will need to start all over with another buyer anyway. Might as well try to negotiate a credit or price reduction as long as it doesn't require another BPO in an upward market.

Also, looks like the expectation of the seller is not set correctly. They probably felt they paid too much or above market price for the home.

Jun 01, 2013 04:12 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Also, in regards to:

"Hi Sally: So, in Wisconsin, buyers and sellers agree to wait forever for short sale approval, with no rights of cancellation?"

 

Hey, you and I were doing short sales before short sale addendums! It's no different for Sally as it was for us. Lender approval is a contingency of the contract. If no time frames were specified for the contingency, then either party can cancel without any issues. In reality, the seller is usually "judgement proof" anyway, so there was no recourse for a buyer in any civil lawsuit.

Jun 01, 2013 04:17 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Gary: Well, hopefully you don't have very many short sales in your area.

Hi James: Sacramento has not recovered enough but most people who have not done a short sale don't want to.

Hi Dave: Yes, the increasing market is causing havoc if the bank does a last-minute BPO. Yikes! I have a short sale at the moment that the buyer went into escrow maybe 7 months ago, and we can't close because we don't have the final discharge for the sellers' bankruptcy. If that BPO were to be revised, this poor buyer would see a $50K price increase.

Hi Satar: There is never a good reason to try to negotiate a repair credit. None. Never. It's faster and easier to get a new buyer.

Jun 01, 2013 09:30 AM