Special offer

The Words In A Contract Have Meaning. Understand What They Mean.

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

What Happens When The Seller Doesn't Want To Comply??

A couple of years ago, I sold a home in Loudoun County, in fact in Lovettsville, to a buyer couple that were a pleasure to work with

Sadly, the seller was, how do I tactfully say, "not so much".

There was a huge collection of junk, old building materials, just plain trash in an interior crawl space.  It was, of course, in the contract that the property be "broom clean and free of debris" at the pre-settlement.  Again, it was "not so much".
These were buyers where the husband had spent about 15 years in the Navy.  I can get very motivated for a military family.

THE ANGRY SELLER.  The seller was very angry because of the price at which he was selling his home.  He needed to sell.  His wife had already relocated to CA and had made an offer on a property there.   The sellers were not a young family with children.  They were a working couple who knew what they were doing.  He was simply very angry.

One thing is for sure, I know home value in Lovettsville.  I also know AN OPPORTUNITY when I see one.

O.K.  We made a very low offer.  Everything else was in place, buyer's VA loan fully approved.  Home inspection already scheduled.  All we needed was the final walk-through.   Sure, we got the property for a very good price.  That said, the seller's signed.  Time to move forward.

At the pre-settlement walk-through, the junk in the crawl space was still there.  The seller simply refused to remove the junk.  According to the listing agent, he was very angry and thought the buyers should be satisfied getting a home about $43,000 under list price. 

Mmmm.   We knew the home had appraised for about $30,000 above the contract price.  Of course, we do NOT disclose that fact to the listing agent nor to the seller

What to do???   Well, my advice to the buyers was, "Sit on it."  Time was on our side.

SUCCESS!!!   Two days later, we received the addendum with the seller accepting the low price. 

Further, the LISTING BROKER agreed to give the buyers a $500 broker credit to compensate them for removing the trash in the crawlspace.

WHAT'S THE MESSAGE HERE??

1,  Know the property values in your market area.
2,  Understand the loan products for which your buyers are eligible.
3.  Be thankful when you are working with a cooperative listing agent/broker.
4.  Have patience. 
5.  Hope your buyers have confidence in you to manage their home purchase to their advantage. 

 

I found some of the history. 

The original list price was $525,000.  It was on the market for almost 5 months.
The final sale price was $449,000.
Closing help from seller to buyer was about $13,000, VA loan. 

Res LH   LO6890563 39125 Rodeffer Rd $525,000.00 $525,000.00   03-Dec-2008, 
  04-Oct-2008

Res LH Sold LO7007444 39125 Rodeffer Rd $449,000.00 ,$449,000.00 $454,000.00 29-Apr-2009 25-Mar-2009 17-Mar-2009

 

 

 

Inspired by a post by Jeff Dowler.

 

Lenn            Loudoun County Map

 

 

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Comments(15)

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

Lenn I must be missing something or miss reading what you wrote.  If the contract was adjusted to the appraised value, does that not mean the buyer ended up paying more than the original sales contract price. 

Aug 04, 2014 02:14 AM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Lenn, I'm with George - you adjusted the contract price upward?

Aug 04, 2014 02:25 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

George.   My mistake.  Corrected.

Juli.  See above.

The contract is stored away but I'm going to find some numbers.

 

Aug 04, 2014 02:35 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Lenn Now that is what I thought you intended to write.  Great job on protecting you Buyers and getting them a great deal. 

Aug 04, 2014 02:47 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

George and Juli.  Look again.  I can't get the folder.  It's stored away.

The above is in the MLS.

Aug 04, 2014 02:48 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

I'm sorry...but did you write the offer after the home inspection and appraisal? When you said that you sat on it....THEN they accepted the low offer? Maybe I'm having a case of the Mondays? :)

Aug 04, 2014 04:07 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Karen.  Or, maybe I am.

The events were normal.

We looked at the property.
The buyer was already pre-approved except for appraisal
We negotiated a contract price.
The final contract price was much lower than the list price. 
The appraisal was higher than the contract price.
The buyer got a very good house at a very good price.
The seller was not happy.

Aug 04, 2014 04:25 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

That's what I thought....I'll go get more coffee, lol. Congratulations to you and your buyer! :)

Aug 04, 2014 04:27 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Lenn, yeah.  Broom clean.  You gotta sweep the crawl space!  And, as far as I'm concerned, the fridge!  Seriously, I think there is a direct connection between the way the house looks at the final walk-through and the tone of the settlement.

Aug 04, 2014 01:00 PM
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Holding to your guns so to speak paid off for your buyer.   Good job

Aug 04, 2014 01:16 PM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

Sounds like you represented your buyers well.  And the sellers had good reason to be irritated at the price that they received for their home...but that does not give them an excuse to pick and choose what they felt like doing of all of the items in the contract.  Cleaning up their junk was expected....Thank you for sharing.

Aug 04, 2014 02:20 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Karen.  Chronology is often confusing.

Pat.  You are so right.  In fact, that seller was so rude when I visited to attend to a well inspection, I wouldn't even let my buyers close in the same room with him.  The settlement attorney cooperated by scheduling two closing meeting, one for him to sign the papers and one for my buyers to have a fun settlement. 

Rose Marie.  I can do that.

Karen.  Once the contract is negotiated, the "broom clean and free of debris" is a completely separate matter.

Aug 04, 2014 09:27 PM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Lenn, patience is indeed the key when negotiating! As for cleaning, broom clean and everything OUT unless it was mentioned in the contract as staying.

Aug 04, 2014 09:58 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

The contract rules and it says "broom clean and free of debris".

Not hard to understand.

Aug 04, 2014 10:42 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

The leaving behind of stuff really bugs me. Sometimes the seller thinks the buyer won't mind. He does.

Aug 04, 2014 10:50 PM