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Can a Northern Virginia Buyer Have Multiple Ratified Short Sale Contracts?

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

Can a Northern Virginia Buyer have multiple ratified Short Sale contracts?

The answer to that is complicated.  In the spirit of real estate monogamy, where one motivated Buyer and one motivated Seller get together to make a successful real estate transaction, the practice of writing multiple offers, in hopes of having multiple ratified contracts on Northern Virginia Short Sales is, in my eyes, unethical. Technically, you CAN have multiple ratified contracts on Short Sales, but the question really is---Should you have multiple ratified Short Sale contracts as a Northern Virginia Buyer?

Most Short Sale Sellers are trying to avoid Foreclosure.  A Short Sale is less damaging to a home owner's credit than a Foreclosure.  And in Northern Virginia, the Short Sale Seller's agent is obligated (by the rules of the local Multiple Listing Service) to remove the Short Sale Listing from active status once there is a Ratified Contract.   This means that if you, as a Buyer have three or four ratified Short Sale contracts and one of them gets Approval before the others, you are putting the remaining three Short Sale Sellers that much closer to Foreclosure.  Do you want that hanging over your head?

If your answer was something like, "Not my problem," then you would be a candidate to have multiple ratified contracts on various Short Sales.  However, it would be good business to have a clause in your offers that alerts the Sellers to the fact that you have multiple ratified Short Sale contracts in play and that if one of them is Approved you reserve the right to give notice to void the other offers/contracts.  This does two things: 

For one, it puts the Short Sale Sellers on notice that you are not really waiting for their Short Sale Approval, but playing the field.  That way, the Seller knows they are putting their avoidance of Foreclosure by way of Short Sale at risk when they accept your offer. 

Secondly, and most importantly to you as the Buyer, if your offer gets accepted and turns into a contract, you will have an out with the Short Sale contracts that have not yet been approved when one does get Short Sale Approval.

As a licensed Associate Broker in Virginia that represents both Buyers and Sellers of Short Sales, I would say there is only one thing a Buyer should consider before writing an offer on a Short Sale. 

Is that Short Sale property worth waiting for while NOT pursuing other properties in the meantime?

If the answer is no, then you should move on. That Short Sale is clearly not the property for you.   If it's not worth waiting for, it's not for you.  Home buying, in my opinion, shouldn't be the equivalent of buying a lottery ticket and seeing if you win.  You should truly want one house above all others and if it's a Short Sale, be willing to wait.

 

Comments(21)

Linda Humphrey
Humphrey Home Connections Realty, Reno, Nevada - Reno, NV
CRS, Broker/Owner HHC Realty

Well said, Chris! Buyers need to understand the havoc they are potentially wreaking when they do this. Kicking someone when they are down is not the way I prefer to operate.

I have one client, an investor, who currently is in contract on multiple short sale properties. I went along with it because he is perfectly able to close on all of them if he so chooses. But I just had this very conversation with him a couple of days ago.

Jan 01, 2011 04:00 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Lori:  As a Short Sale Listing Agent, I insist that Buyers deposit their earnest money at ratification, not approval, which is how some are getting around this and ending up with multiple ratified contracts.

Linda:  That is different is he can realistically buy all of them.  Another story when it's Mr. & Mrs. Buyer who are looking for a new place to call home.

Jan 01, 2011 04:08 AM
Terry Meyer
Berkshire Hathaway HomeServices Sound Realtors - Olympia, WA

Very nicely put Chris Ann.  I have been in the same situation as Linda, but I also have had several investors who could not afford to purchase several homes if they were all to get accepted. Sometimes the sellers don't even know the potential buyer has several offers out.  Buyers on the other hand need to be informed about all of the risks they are putting themselves and the sellers at.  I would love if our MLS had clauses in our short sale addendums as you have stated.

Jan 01, 2011 04:15 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Terry:  That contingency is something I've had buyers write in to their offers.  There is no pre-printed addendum we have with that verbiage.

Jan 01, 2011 04:21 AM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Chris Ann - This is a prime example of why I think buyers should become a back up offer on short sale listings.  I can't count how many times listing agents would contact me stating the buyers offer they had accepted over ours has walked and wanted to know if my clients were still interested? 

Unfortunately buyers with the assistance of their agent throw many offers out there and I don't think these buyers realize what they are doing to the sellers.  I think the only possible way to avoid this is make the buyers escrow non-refundable if they back out of the contract prior to THEIR given short sale waiting period, I typically put 90 days. 

Happy New Year!!!

Jan 01, 2011 04:44 AM
Anne Clark
Metro Referrals - Gainesville, VA

Great post and something I've heard you talk about in your short sale class so many times. 

Jan 01, 2011 04:50 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Michelle:  The last Short Sale I closed was a back up offer.  The first buyers simply got cold feet, they weren't playing the field.  And I LOVE your idea of the EMD being non-refundable.  That would certainly straighten out a lot of this mess.

Anne:  Yes, you've seen me on my soap box many times about this issue.  It's getting better.  And I think that many brokerages are changing their policies about having earnest money deposits made payable at short sale approval.

Jan 01, 2011 04:53 AM
Joan Zappa
Eagles Wings Realty - Montrose, CO
Professional treatment of our clients, brings awes

Chris Ann, we are finding that some lenders are only willing to give verbal acceptance thereby leaving the door open for multiple offers to come in. It seems that no standards are being observed on either side of the transaction with distressed properties. Sad but true.

Jan 01, 2011 05:29 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Chris Ann -- whether it is a short sale, REO or a "regular" sale, I have had clients ask that same question.  I tell them --- is it your plan to buy "x" number of homes?  Of course not is the  usual reply.  If not, we need to tell the seller and his/her agent of our intent and we must do it in writing.  So, the quick answer to the question you first asked -- Yes, as long as it is known to all parties. 

Jan 01, 2011 05:29 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Nick:  Not finding that banks ever sign offers to begin with. The Seller in a Short Sale is the home owner.

Michael:  I'm afraid that the lessons being learned by Buyers with Short Sales is starting to go out to other types of sales as well.  If you don't plan on buying more than one house, why have more than one contract in play?  So simple, yet so complicated.

Jan 01, 2011 06:06 AM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Chris Ann, I love Michelle's idea about the EMD being at least partially non refundable if the buyers don't wait a certain length of time.  I think it would certainly make folks think twice about making multiple offers and would, at least, separate the buyers who are serious about sticking it out and those who are throwing it all out there.  If you have a Seller who receives multiple offers, I would certainly counter back with just what Michelle suggests and see who bites! 

Jan 01, 2011 09:31 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Having just had a buyer walk on a short sale the day the approval letter arrived it made me wonder how many other offers did they have in play.  I too like Michelle's idea of making EMD non-refundable before x number of days.  However I suspect the way our contracts are written there would still be a loophole that would allow them to walk...such as HOA documents.

Jan 01, 2011 09:53 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Susan:  I believe I will give that try in my future transactions.

Cindy:  You are probably right.  It's getting to the point with my Short Sales that I want to hand the HOA docs over as soon as we are ratified.

Jan 01, 2011 10:26 AM
Connie Harvey
Pilkerton Realtors - Brentwood, TN
Realtor - Nashville TN Real Estate

Chris, I think I agree with Michelle that they should just write backup offers. Very complicated indeed.

Jan 01, 2011 11:26 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Connie:  Back up offers are a good thing these days.  One of my listings just settled with it's back up offer on the 30th of December.

Jan 01, 2011 01:06 PM
Trent Chapman
Keller Williams -New Future Team - San Marcos, CA

Right on Chris.  My business partner, Lee Honish, has been screaming this message across the US as part of his trainings.  Most attorneys for NAR will bash the short sale listing agent for NOT sending EVERY offer to the bank (as if the bank were the seller... the SELLER chooses which offer [singular, not plural] they want to send to the bank for approval, not us as agents).

Good to see you have your head on straight.  A buyer can make as many offers as they want, but once they have a ratified offer/contract, they should rescind their other offers floating around... UNLESS, they are an investor and truly intend to purchase multiple properties.  Good write up Chris.

Trent

www.TheShortSaleGenius.com

Jan 01, 2011 07:01 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Trent:  I sat in a Short Sale Summit where our state association attorney was giving exactly the wrong message too.  Everyone in the room wanted to get up and strangle him.  What he was presenting would have been chaos with nothing ever getting done. 

Jan 02, 2011 02:46 AM
Joan Zappa
Eagles Wings Realty - Montrose, CO
Professional treatment of our clients, brings awes

Chris Ann the banks have to give approval and we are finding them juggling multiple offers in regards to accepting a short sale offer.

Jan 02, 2011 12:08 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Nick:  As a Short Sale Agent who has spoken with many negotiators at various banks, the banks do not want multiple offers.  They expect we listing agents to help the Sellers select the highest and best offer.  Sending them multiple contracts is a waste of their negotiator's time. 

Jan 02, 2011 12:35 PM
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo

Well sometimes i dont know what to think of short sales. They are getting better and then they are not!

Aug 17, 2011 08:10 PM