I recently listed a nice townhome in a decent neighborhood for a great price.  Sure enough. It got lots of showings and, lo and behold, an offer!!  Or was it?

A lot of paper came through my eFax number and into my e-mail box but when I printed it out there were a whole lot of blank spaces in the Contract of Sale itself and a lot of the Addenda. Yes, the names of the Buyers were there, the offered price was there, a settlement date was there and the signatures on the signature page were there.  Most of everything else was blank.

FHA Addendum -- signatures only

Addendum of Clauses (this is where the home inspection, Seller Credit to the Buyer and a lot of other stuff resides) -- mostly blank.  The inspection clause was checked with initials but no time frame, Seller Credit to the Buyer had this phrase: "up to 6%"(emphasis mine).

I could go on and on.

The bottom line is that the Buyer's Agent could have sent over a note scribbled on the back of a cocktail napkin to have the same effect.  Now, I'm on board with the fact that as long as it's in writing it's an offer and can be negotiated or, if accepted, enforced (as much as a 3/4 blank Contract of Sale can be enforeced). Yet, where do we draw the line?

If this particular offer had been accepted I would have essentially had to rewrite the contract from scratch to make sure the Sellers were protected.  Why should this be so?

The thing, too, is that the Buyer's agent works for a well known, multi-State franchise and I would have thought that they had some agent training somewhere along the line.  I guess not.

I would have hoped this downturn in the market would have washed out all the agents that didn't know what the heck they were doing?  But there are still a few out there.  I know.  They're writing "offers" on my listing.

 
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9 Comments on Is Filling in the Blanks Really That Hard?

MAY
10
2008
186,915 Points Localism Sponsor Outside Blog Hit Router

It could be an honest mistake. I've seen offers that appeared to be composed of "chicken scratch" The numbers, the writing; everything that was handwritten (the entire offer was hand written) I thought for sure...THIS BIRD CAN NOT FLY! I made a point to NOT make ANY changes, as that would modify the offer. Wallah!!! My sellers attorney advised us all, that even though this contract was barely legible, it can and it did close. So, go figure.

1:35pm • #1
397,589 Points 15 Featured Posts Outside Blog

Ken:  It is difficult to believe that there really are agents who actually submit "offers" like this.  If I received one like this... and I were in a particularly aggressive mood, I might make a copy of it and drop it off right on top of his broker's desk.  That could be fun !

1:39pm • #2

Well, Ken ... patience. Agants like that are washing them selves right out ... it's a tough business right now and only the tough will survive.

1:43pm • #3
835,986 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

A contract with blanks should just be returned with a nice note.

Please complete form and resubmit.  Thanks.

6:17pm • #4
117,203 Points 6 Featured Posts Localism Sponsor

Mott -- I only wish this was an honest mistake.  There was no mistaking it.  Pure laziness or incompetence or both.

Karen Anne - That thought has crossed my mind, nelieve me!

Patrick -- Amen, brother.

Lenn -- I'll try that in the future.  Usually I don't mind working with an agent who doesn't quite fill everything out but this was a) such an insultingly low offer and b) was so rampant with blank spaces and just generally poorly prepared.  In this market any offer is good but this was just sooooo poor.

7:50pm • #5
MAY
12
2008
1 Featured Post

I'm with you Ken...that's absurd!   Several years ago I had an offer come in much the same way.  When the agent called me she said "I'm so sorry...my buyers really want to buy the house and I couldn't reach my broker for help in filling out the form and didn't want to do it WRONG.  Could you tell me what to write in the offer?"

Well...AT LEAST she knew it was incomplete and tried to get help.  I didn't tell her what to "write in the offer"...though I did walk her through the blanks and their implications so she could fill them in herself.  She did.  Contract closed.  I suggested she find another broker (one who would take the time to train their agents on the basics of filling out a contract BEFORE letting them loose on the public).

JudiB

6:54am • #6
117,203 Points 6 Featured Posts Localism Sponsor

Judi -- I only wish it was "new agent" syndrome.  I don't mind helping out with people who ask for it and acknowledge their inexperience but when someone comes across brash and brazen it gets my dander up.  In fact,t he guy called me today (after re-submitting a second offer which was filled out even more poorly than the first one) asking me what the deal was.  I politely (and, believe me, I was holding back) asked him to consult with his office manager about filling out an offer properly.

4:00pm • #7
1 Featured Post

Ken...

I definitely "hear you!"  But we have an industry that has set the bar so rediculously low, and have a "system" in place that sometimes goes so far as to encourage lackluster performance (when I was with a large brokerage years ago I asked my broker why nothing was being done to either help the non-producing agents PRODUCE, or encourage them to get out of the business and her response was WE MAKE THE MOST MONEY ON THE NON-PRODUCERS BECAUSE THEIR SPLITS ARE SO LOW.  No one becomes proficient at anything they do once or twice or three times a year...and MANY of the agents in my office were performing at that level.  Their splits may have been low, but what about the time lost on DAMAGE CONTROL! 

Interesting topic!

4:38pm • #8
MAY
16
2008
184,930 Points 2 Featured Posts Outside Blog

Morning Ken!  Did they ever follow up with you?

btw - great meeting you last night at Patricia's party.  Let's get you to the number 2 spot in PG!

7:04am • #9

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Ken Montville -- the MD Suburbs of DC

College Park, MD

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