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Anyone know the answer on this ? for a Short Sale - 48 ROFR

By
Real Estate Broker/Owner with WERTH REALTY

Ok, all you short sale experts... 

I got an offer on my listed property, which is a short sale, and it was a contingent offer with a 48 Hour Right of First Refusal.  My seller accepted and signed off, as well as the bank also took the offer and signed off.  That is the first short sale I have ever seen a bank accept with a contingency.   

I have done quite a few short sales and have been very good at them, but came accross a problem that I have never seen before.  Here is the dilema...   

Today, I recieved another offer on my listed property.  Knowing the first party has 48 hours I notified the other agent, and he didn't think the 48 hours started yet.  I don't know the correct answer to this.  My seller has already signed off and accepted.   

 

Does the 48 hours start after recieving the offer with the seller or does the 48 hours start with both the seller and the bank?

 

Now that the bank has not foreclosed on the property, the only owner of the property is still my client the seller.  Anyone know the answer to this riddle, cuz its Sunday and the bank isn't open today and my broker is fighting floodwaters in Moorhead. 

Dave Werth

 

Comments (4)

Franklin & Brentwood, TN Homes Mike Nastri
Keller Williams Realty - Franklin, TN
It matters to us as much as it matters to you.

Excellent question!  Time limits can get pretty tricky.  I wish I knew the answer and I would be surprised to see if you get a definitive answer here.  But I will be following.

Mar 29, 2009 09:47 AM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

Dave, I couldn't possibly talk about what it means in Fargo but here in MD we put a date in the contract. At 9 PM on that date it expires. Keep dry Dave, the news reports on TV show a lot of flooding going on in your neck of the woods. Rich

Mar 29, 2009 09:50 AM
Chuck" The Don" Donato
Keller Williams, Chino Hills - Chino Hills, CA

Dave, I hope you're keeping your head above water.

I believe that the 48 hours would begin when the Seller ( Owner of the Property ) accepts the second offer subject to the 48 hour right of first refusal on the first offer. Here it comes, BUT, to protect your Seller, I would go from the time the Bank accepts the second offer as your Seller can't possibly close the 2nd offer without the Bank's approval of the price and terms of that offer.

Good luck on this one. We are in a brand new day. 

Mar 29, 2009 10:13 AM
Dinah Lee Griffey
Windermere Peninsula Properties - Allyn, WA
Managing Broker Windermere Peninsula Properties

Good Question. I would go with the banks Ok. After all wothout this it is pointless. But I am in a differnt area and this is only  a guess-Dinah Lee

Mar 29, 2009 10:56 AM