Special offer

"The Buyer Reserves the Right to call this Offer Null and Void."

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

  upside down houseShort sales will never disappear from the real estate landscape completely,....there is an ebb and flow with the economy that prevents their complete extinction in addition to the hardships that sometimes are part of the paths in life.  

       Whether you choose to learn to list them or not....it would seem that agents who choose to write on them have an obligation to understand the process....or according to our state association...are "practicing outside of their area of expertise. "  To many of them....a sale is a sale whether you understand what you are doing or not...and that is most unfortunate.
   We have gotten several offers recently that have what we call an "un offer" clause. It takes the "burden of waiting".....off the proposed short sale buyer....who is apparently only prepared to wait for a short time.  An arbitrary date is chosen for lender response and the rest of the demand continues:

 Cancelled  " The Buyer reserves the right to cancel this offer should the lender exceed the stated time of lender response."  

   If only the lender response time was a precisely predictable time...it is not. Would this same agent allow such a clause in an offer  they received ?   If you are a short sale  buyer be sure the  listing agent is experienced and successful. If you have an  absolute closing date, a short sale may not be the best  house for you as a buyer  ...or to waste your  time writing an offer as a buyer's agent. 

    If you or anyone you know is in need of a knowledgable short sale agent...call the  Hansons, we promise you the quality in every real  estate service you deserve.

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

You hit the nail on the head -- it is important that the seller work with a knowlegeable short sale agent.  When I have a buyer client I work with the seller's agent to come up with a reasonable time period based on the best information available to see if it will work for all parties concerned.

Feb 05, 2015 12:46 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Sally K. & David L. Hanson - the buyer's agent should have knowledge of how short sales work! Putting deadline for lender to respond is not the choice for buyers! You are right - if the buyers wants to buy the home NOW - they can search regular inventory.

Feb 05, 2015 01:40 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Sally. You are so right, many that do short sales shouldn't they just don't do it well. Some like yourselves make the process that much easier because you know what you are doing. The sellers that list with you, have made the right decision.

Feb 05, 2015 05:15 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Would that NAR of a local board would actually enforce any sort of "something"....fine...etc. that was meaningful for people who practice outside of their area of expertise...it diminishes the reputation of the industry,...and wastes eveyone's time responding to nonsensical offers.

Feb 05, 2015 05:45 PM
James Dray
Fathom Realty - Bentonville, AR

I don't know of any of our agents who writes short sale contracts on a regular basis.  

Feb 05, 2015 07:22 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Sounds like wanting to add to a contract with whatever someone wants to add.

Feb 05, 2015 07:42 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Fortunately, we have a standard addendum in our area that allows a buyer to cancel a contract/offer at any time prior to bank acceptance without penalty.

Feb 05, 2015 08:10 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

I guess I would see that as very unfortunately for the distressed Seller Nina.

Feb 05, 2015 08:11 PM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

I wished LONG sales had been the label on short sales though. Because the expectations are quick. With layers of players and some Johnny on the spot for customer service but many take a number have a seat. For the coming up short deficiency. You know your stuff and how to make the most of this important part of the real estate market!

Feb 05, 2015 08:13 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I love the unoffer clause. I will keep it in mind if I have a buyer.

Feb 05, 2015 09:07 PM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

I know nothing about short sales, just short people and how they fit on furniture.....

Feb 05, 2015 09:41 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Sally,

The bottom line is a seller needs to choose an agent who specializes in short sales. In my market area there are very few short sales and I would never attempt to represent a seller on one. Not a good practice..let the expert handle their process!

Feb 05, 2015 09:46 PM
Roy Kelley
Retired - Gaithersburg, MD

Too many agents are operating out of their areas of expertise in the short sale sector.

It is no surprise that many prospective purchasers avoid short sale transactions.

Feb 05, 2015 10:06 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Short sale negotiations are a whole new ball game. Buyers definitely should work with a skilled agent or their frustration level will go through the roof.

Feb 05, 2015 10:24 PM
Kristin Johnston - REALTOR®
RE/MAX Platinum - Waukesha, WI
Giving Back With Each Home Sold!

As always you guys do a great job of thoroughly explaining things..happy Friday

Feb 05, 2015 10:41 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally and David I have not seen the UN Offer clause around here, but it is a good idea in my opinion.

Feb 06, 2015 10:30 AM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Sally & David, I could tell you a whole bunch of time wasting stories behind short sales I have done or tried to do, usually on the buyers end. Foreclosures are a cake walk compared to these Short Sales.

Feb 06, 2015 12:16 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

  We don't accept this nonsense Geoorge Souto,,,what good does this do  a Seller ?

Noah....we are very used to short sales often with far better condition than

foreclosures....

Feb 06, 2015 05:11 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

This was a ploy that comes and goes in and out of fashion from some 'so called' short sale expert classes that agents pay (and waste) their good money to attend.  Some of these courses are nothing more than money generators for the people who offer them.

Feb 07, 2015 08:15 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Agreed Gabe Sanders and any agent who thinks they know all about short sales after....a sales meeting, reading about them on the internet....or attending a one day seminar...better think again.

Feb 07, 2015 09:05 PM