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Homeowner Refuses To Supply Condo Docs

I have a buyer that has put in an offer on a short sale and am having a hard time getting a copy of the condo docs from the seller. She is no longer in the state and says she cannot find her copy of the condo docs.

After explaining to the listing agent that it is up to the seller to supply a copy of the condo docs I get a call back informing me that the condo docs cost $50. and the seller is not willing to spend any money on this deal so if my buyer wants to see the condo docs he should purchase a copy himself.

WHAT???? I know it is a short sale, but it is NOT up to the buyer to purchase those documents, it is up to the seller to provide them. Some listings right now are beyond reason!

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Charles Rutenberg Realty

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Comments(8)

Rich Mielke
REMAX Results, Frederick MD - Frederick, MD
REALTOR, Frederick Maryland Real Estate

Only $50.00? Some of the HOAs up here charge a lot more. I suggest the listing agent buy them and be reimbursed for them on the HUD1.

Feb 13, 2009 01:26 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

Rich - I suggested that and she refused, but I will wait until everything is countersigned and then bring it up again - I haven't finished with this one!

Feb 13, 2009 10:53 PM
James Downing - Metro DC Houses Team REALTORS®, CRS, GRI, ABR,MRP, MilRes
Real Living | At Home - Washington, DC
When Looking to Buy or Sell - Make the Right Move

You know - this is just crap.  I understand homeowners are in trouble - but that is just crap.  Home owners want no responsibility.  Its nuts!

Feb 14, 2009 05:41 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Being a short sale agent on both sides of the fence, I can understand both points of view. My opinion is to have the buyer pay for it. In fact, I have a disclosure I have my buyers sign that state that this is a short sale and there are some items that normally a seller would pay for but the buyer will need to pay for. The trick is to get the property so cheap that the buyer will be more than happy to pay for things like this and your commissions.

 

 

 

Feb 14, 2009 02:25 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

I would explain to the listing agent that even though it is being told them that it is $50 by the HOA. She should approach them and tell them that if this goes back to the bank because of a foreclosure they will never be able to collect back HOA fees and have the value of their properties go down because of the foreclosure in their complex. She can tell them it is in their best interest to just do it in this case for free to help the community as a whole and that is their job.

Hope this helps as I have had this work once before when I was in a similar situation. If that doesn't work, I would tell the buyer to walk as it is way to risky not getting those before hand.

Todd Clark, Helping Families Home - www.IFoundYourNewHome.com

Feb 14, 2009 06:25 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

James - I agree with you totally! I am tired of it too!

Amiri- In the end he probably will, but I will sure try to get someone on the other side to pick up this tab. I feel it is my responsibility as a buyer's agent.

Todd - I will give this one a try but since there are about 6 short sales in this complex already I have a funny feeling it will not work.

Feb 15, 2009 12:36 AM
Anne Hensel
South Beaches Real Estate Professionals - Saint Petersburg, FL
Realtor - Broker - St. Pete Beach, Treasure Island

I hear your frustration, some short sales and also foreclosures are . . . . challenging .....to say the least. I have not checked into this but could the listing agent order them and put it on the HUD as sellers expense?

Feb 18, 2009 12:07 AM
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

Anne - that is a great idea - will have to check.

Feb 19, 2009 07:31 AM