Special offer

Wait my contract says what? Was I supposed to read that?

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

Did your agent explain what you were signing? I recently had the occasion where an appraisal was done for a government program loan. I'm being non specific to protect the guilty. But on FHA and VA loans just any old appraiser won't do. You have to jump through some extra hoops to get on the FHA or VA approved list. 

Those programs are loan programs where not only the borrower must qualify, but certain standards about the property itself must be met that are different from conventional loans that are not government insured. 

On this particular loan the seller had agreed to do appraisal required repairs to a negotiated preset amount. If the repair estimate would be over that amount we would still have to either negotiate further, have the buyers repair or not close the loan. In the recent case our estimate came in below that amount agreed to IN WRITING in the contract.

So when the time came to send over the list of repairs, the estimate of cost and the time line for repairs to be completed so that the appraiser could re-inspect we were more than a little surprised at the response we got which was... "I ran this by the seller and they said no, no repairs". 

So wait a second, not only did the seller not know what the document they signed said, but the agent didn't either?

This was not a new agent. This seasoned agent had no idea her sellers had already agreed to do repairs we asked to be done at the time of our offer. But I tell buyers that no matter how clean a house seems and even things that might be missed or not noted on an inspection are sometimes issues for these appraisers. I've never seen one just pass without some sort of little repair. 

So maybe before you sign a contract you need to read it, because you never know when your agent doesn't know what is it says. Well that is unless the agent works at Lane Realty. Because not only do my agents know and understand the real estate contract, but I as the broker review every single contract in or out of our office to make sure no little detail falls through the cracks. It's actually the law for the broker to review all contracts after they are ratified, but I'm not convinced that actually happens based my conversations with some brokers about deals on going with their offices. 

Our repairs were done. But the seller wasn't happy about it. They said, "we would have NEVER agreed to that had we known!" I suggested they hire a better agent next time. Because I knew, my agent knew, our buyers knew, the lender on the transaction knew. And it really isn't our responsibility to make sure the client on the other side understands what we're offering before they accept it. Hire the right agent. Hire an agent that will explain the contract to you and work out a net sheet for you.

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Tammy@Lake-Sinclair.com

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Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

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Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

Slapping self in forehead!  Over the last 10 years, have we not all written dozens of FHA/VA Purchase Agreements?  You're telling me that this agent NEVER READ any of them?

Aug 09, 2015 12:34 AM
Jerrill Ewing
N & J Lake Properties, LLC - Eatonton, GA
Builder

Well it seems we always have these kinds of problems with the same agents over and over. One has to wonder how they stay in business.

Aug 09, 2015 03:04 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Tammy, Holy Crap is what comes to my mind reading this.  We have an FHA/VA Amendatory Clause (addendum) that is supposed to accompany all offers with FHA/VA financing.  Yes, properties must meet Minimum Property Standards ("MPS") in order to get the loan. 

Aug 09, 2015 03:40 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

FEATURED IN CRAP-TACULAR

 

You mean that crap IS in the Contract I signed?

Aug 09, 2015 03:41 AM
Jerry Lucas
ABC Legal Docs LLC - Colorado Springs, CO
Notary Training, Consulting. Colorado Springs, CO

Basic concept, read the contract before you sign.  Know what you are agreeing to. 

Notaries must be careful not to give legal explanations or opinions about documents to customers.  That is considered unauthorized practice of law. 

Aug 09, 2015 06:54 AM
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

Well that is disappointing for the seller that their agent let them down. I do feel somewhat sorry for them, however, they do bear some of the responsibility in knowing what they are signing. I sit down with every client and go over the contract line by line and explain in great detail what it is they are agreeing to. 

Aug 09, 2015 08:36 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Marte Cliff I cring when I run into that kind of agent. Seems that brokers don't take their responsibility the same way I do lots of times too. No hands on, no knowledge of what going on with their agents, but they are legally responsible.

Endre Barath, Jr. just shaking my head that someone, anyone didn't know the difference and was licensed and/or buying property.

Aug 09, 2015 09:35 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Dan Dee McGinnis, DTM, NADOTA but I bet that your seller were signing, say a VA finance contigency that said they would make up to $5,000 in appraiser required repairs you would tell them they could have to spend that $5,000 if there were VA appraiser required repairs, yes?  The agent really should have explained that.

Praful Thakkar well in that particular case the next time will be in the state they moved to

 

Aug 09, 2015 09:38 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Laura Cerrano that's a great benefit is that get to explain your contract to the person who signs it.  However us agents with a listing don't know the buyer understands it and when we have a buyer we have no idea if the seller understands it.  Very dangerous when they don't

Aug 09, 2015 09:46 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Roger D. Mucci me too and not in a good way.

Debbie Reynolds conventional loans are like that in GA, but not VA and FHA which have the statement in the finance contingency and mind you the amount negotiated CAN BE zero, but not a great way to get the loan closed. 

Aug 09, 2015 09:49 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Joe Petrowsky yes far too often.

Nina Hollander with the rare exception that's how I operate too. I might gloss over for someone very experienced, or I did recently when I had an attorney for a client. They understood the contract VERY well.

Jenna Dixon well apparently not

Aug 09, 2015 10:06 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Gita Bantwal the agent should explain it

Chris and Dick Dovorany sadly it really is used as the excuse over and over.

 

Aug 09, 2015 10:08 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Kathleen Daniels and who would advise a seller to take that contract if they had zero budget to make a single repair. Isn't there always at least ONE

and THANKS!

Jerry Lucas explaining the math of a net is NOT practicing law.  And if a repair budget is written into an offer you can bet I explain that to my seller. 

Nicole Doty - Gilbert Real Estate Expert I go over it too. And offer to let them talk to an attorney if there is anything they don't understand.

 

Aug 09, 2015 10:14 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Tammy - it's very frustrating when people don't read what they are signing or don't know the rules or regs by which they are supposed to behave. Basically, "know your stuff"! 

Aug 09, 2015 10:21 AM
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

The amount for lender required repairs can be a deciding factor when sellers receive multiple offers .. it most certainly needs to be taken into consideration when looking at all the terms of an offer. Plus, when sellers are aware, prepare for the worst and hope for the best, then a few lender required repairs won't be as big of a shock.

Aug 09, 2015 11:17 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

    Many Buyers and Sellers "glaze over" when they see all that paperwork. 

     Plus, so many Agents don't have a clue... or, that Agent is so focused on "getting the Commission" that they just want the signatures and initials.

     See an Attorney for legal advice, etc.!

Aug 09, 2015 12:49 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Tammy - back when I was an agent and then a broker, I ran into a few brokers who were just as bad as the agents. A few were downright crooked. 

Aug 09, 2015 01:29 PM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Some buyers/sellers do not realize that an offer to purchase a home, once ratified, is a CONTRACT and not a wish list or mere suggestions. A competent agent must know the basic contract with which we work and must be on the lookout for changes, additions and amendments.

Aug 09, 2015 02:29 PM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

So, so true, Tammy Lankford with ditto under many comments back & forth.  Read & understand what you are signing.  Better yet hire good agent

Aug 10, 2015 12:28 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Tammy Lankford , it always shocks me when I read stories like this.  In reality, I guess it shouldn't.  I just can't fathom an agent NOT explaining to the sellers what they are agreeing to!  I always did a Net Proceeds Sheet with every offer, so the seller fully understood what their bottom line would be, given the circumstances of the contract.  I can believe sellers having "selective memory", but no excuse for an agent allowing this to happen.  

Aug 13, 2015 08:55 AM