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Under Contract Again: When One Deal Fails and Another Comes Together

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

Under Contract Again:  When One Deal Fails and Another Comes Together

 

Wasn't that long ago that I was telling you about 15569 Legacy Way going under contract.    My seller ended up voiding that contract after the buyer, who promised a quick settlement with a cash offer, would not even deposit the promised $5,000 earnest money deposit.  Call me silly, but what do you expect from a cash buyer who won't show proof of funds and double talks any probing question. 

"It would be silly for my buyer to have his cash in one location.  And we all know that multiple bank statements don't qualify as proof of funds."  What?  Of course it would be proof of funds.

The buyer on that first deal was really in over his head and it showed.  And if he was in over his head, his agent (also the buyer's wife) was drowning.  My seller, wanting that fast settlement so much more than the offer he had in hand at the time, gave the buyer two days to show proof of funds after ratification.  My stomach was in my throat when the buyer's agent said, "Send me a copy of the ratified contract.  I need to send it to the bank."  WHAAAAT?  So I asked, "Why in the world does the bank need to see the conract?  Is your buyer getting a loan or is this liquid funds?"  The answer was more double talk from the agent/wife.  "Oh, the bank needs to know what he is taking the money out for with the terrorist act and all."  Hmmm.  Generally, when you are taking out your own money, no one gives a hoot what you are doing with it.  But when someone else's money is being used, say a hard money lender, they will want to know where their money is going.  

Not surprisingly, that deal failed.  When the buyer couldn't get the earnest money deposited due to insufficient funds, well, that's a clue.  If you don't have $5,000, you don't have cash to buy a half-million dollar home.  Time to move on and go back to the only buyer that was willing to show proof of funds with their offer.  The same buyer who had been bumped by this numb skull.  Good faith and no double talk.  And thankfully, those second buyers hadn't found a home they liked as much in the meantime.  And their agent had learned the lesson of not presenting a counter offer in a timely manner.  We ended up on the market for only three days while the deal with the previously interested buyers was hammered out. 

Still surprises me that buyer agents in our market don't ask for proof of funds from people claiming to be cash buyers.  We will demand preapproval letters before wasting our time showing property, but no proof of funds.  Maybe the experience my seller went through can get through to some that really find it distasteful and, as my dad used to say, noneya.  None of your damn business.  Well, if you are a seller,  taking your home off the market for any buyer, you should have some assurance that buyer can consummate the deal.  All of your assests are not the sellers business, just that you have enough liquid to do the deal.

 

Comments(8)

Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hi Chris Ann

Glad things are moving along in a more positive direction. The first buyer, and agent. sounded a bit loopy and not to be trusted to follow the contract. I always ask for proof of funds for any cash offer...it's normal procedure...with the deposit soon to follow after ratification. And that POF better be legit with bank name, buyer's name, address and recent!

Jeff

Oct 11, 2018 08:47 PM
Chris Ann Cleland

Jeff Dowler, CRS --The POF we finally got on the first deal was from a capital investment company, which made this a hard money loan.  I still can't believe the double talk.  

Oct 12, 2018 10:05 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Not asking for proof of funds in a cash transaction, Chris Ann, is like not asking for a pre-approval in a financed transaction. I'm amazed that a buyer's agent doesn't get one of those upfront before wasting time with a buyer just he/she would ask for a pre-approval letter.

Oct 12, 2018 12:10 AM
Chris Ann Cleland

Nina Hollander --I had a close friend of my family wanting to see properties because they would be paying cash due to a large estate windfall.   When pressed for POF, they caved.  They don't have the cash AND (bonus) they don't qualify for a loan.   I don't want to call that person a liar, but they were putting on airs, let's say.

Oct 12, 2018 10:07 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

God morning Chris Ann Cleland,

So glad you stuck to your guns on this one and already were not confident on the this buyer and his agent (who just happened to be his wife). I always ask for proof of funds and am amazed at many agents who don't and then have a problem! Glad the other buyer was still interested and ready to step in and get this lovely home!

Oct 12, 2018 04:03 AM
Chris Ann Cleland

Dorie Dillard CRS GRI ABR --Everything will work out in the end.

Oct 12, 2018 10:07 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Chris Ann. I am glad that first so-called buyer is no more and that someone who can could close finally got it done.

Oct 12, 2018 08:08 AM
Chris Ann Cleland

Sheila Anderson --Me too.  I just wish my buyer had waited two more days for the buyer to default when they couldn't settle and then I could be filing all kinds of stuff on the agent.  

Oct 12, 2018 10:08 AM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

No proof?  No funds.  So glad this is under contract and headed for settlement.  The gobbledygook agent sounds like she is either unethical or should be in another line of work. 

Oct 12, 2018 08:42 AM
Chris Ann Cleland

Susan Haughton --It was unbelievable to me how it all happened in that first deal.  Like no one was going to know they weren't getting a loan.  

Oct 12, 2018 10:09 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

When I don't get POF with a cash offer, I ask for it through a counter offer and make them submit upon signing the counter.

Reminds me of an agent, a former Sacramento Bee reporter, who wrote an offer without POF and sent it to me. We asked for the POF and the agent said the seller's brother had just won the lottery. Oh, Geez. That agent got scammed.

Oct 12, 2018 10:06 AM
Chris Ann Cleland

Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents --We did the same thing, countered and got POF, which turned out to be crap. And at that point, it was ratified.  Nothing to do but hope my gut was wrong and this guy was able to pull off a two week hard money loan.

Oct 12, 2018 07:28 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

It's truly a beautiful home, Chris.  I can't imagine that it will have difficulty finding another buyer.

Oct 12, 2018 06:36 PM
Chris Ann Cleland

Already under contract again Myrl Jeffcoat .

Oct 12, 2018 07:28 PM
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

Hi Chris Ann,
People continue to amaze me with their deceptive way. And, for what?  To make themselves look foolish in the end.

Oct 13, 2018 10:16 AM
Chris Ann Cleland

Carol Williams --It's pretty strange.  I'm imaging they didn't want their EMD at risk in case the loan didn't fund.  

Oct 13, 2018 05:30 PM