Special offer

Then Why is Your Seller Selling?

By
Real Estate Agent with Henderson, Thornton, Broomfield and Westminster 100026886

Oh, boy.  This one really throws me for a loop....roller coaster loop

After a couple of months of looking at houses that were too small, or too big, or too dated or too dark, and finally finding just the right place (I'm pretty sure my client is Goldilocks...), we put in the offer.  This home really spoke to her.  

Not in a creepy have-you-gone-off-your-meds? kind of way.  More of the wow-I-could-really-see-myself-living-here way.  

We submitted a good, strong offer and commenced the financing paperwork.  RED FLAG!  It's a condo and there is a lawsuit pending between the HOA and the builder...

BUT WAIT!  We found a lender who is willing to take it on a case-by-case basis.  Hooray!

Until.  The appraisal came in LOW.  Here's where it really gets fun.  <ahem>

The seller's agent is pissed  upset.  The sold comps are accurate, says he, but the adjustments haven't been done accurately to reflect how much this place truly is worth.  

Plus, his seller has no money at all to bring to the table. (Then Why is Your Seller Selling?)

Plus, his seller already closed on his new place. (oh, is that why he's selling?)

If my buyer "can't do it", they need to put it back on the market and find a new one.

Hmmmmmm...... well, let's just break that down, shall we?

  1. The Lawsuit.  Most lenders won't touch a condo that has an HOA/builder lawsuit pending with a 10 foot pole.  Trust me, my buyer went through 5 of them before she stumbled over this one.  
  2. Adjustments.  You may think that the counter tops and the concrete patio and that because the carpet was vaccuumed every day it is worth a whole lot more, but the appraiser may not agree.
  3. Appraisals tend to be like glue.  They stick with a property for awhile....
  4. Your seller already closed on his new house.  He now is the proud owner of 2 mortgages (at least)!  
  5. Because your seller wanted to "hang out" during the inspection, he got to chatting with my buyer.  A whole lot.  And she knows that he had a no money down VA loan for his new house, and that his mother left him some cash when she died recently.

Next time you start to raise your voice at me, I'd like you to put your ego aside for a moment and consider whether you are doing this for yourself or your seller.  

And if you choose to put it back out there, good luck to you...truly.

Comments(23)

Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

I hope the buyer's lender is doing a portfolio mortgage for her.  If there is pending litigation on a conventional mortgage, then Fannie Mae requires that it be sent to them for an exception.  One of course, they are usually not granting.

Sep 14, 2011 01:23 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Jennifer, this seems to be one of those "loose lips sink ships" situations.  The listing agent may have had reason to be pissed at the appraisal, especially if it was a big bank job.  But no way should he have blabbed about his seller's situation.

Sep 14, 2011 01:55 PM
Laura Sargent
Carolina One Real Estate - Mount Pleasant, SC

A bit of insight and a look at the big picture is priceless... hope this closed the way it should cause the seller will lose in more ways than one if he doesn't see the light.

Sep 14, 2011 02:29 PM
Linda Urbick
RealtyOne Group - San Ramon, CA
Selling San Ramon Valley - 925-786-5132

Jennifer all the amenities that sellers add to a property are only improtant and valuable if the buyer thinks so. I too have been guilty of talking up my listings and basically everyone can see the upgrades they are not hidden.  Right now it is a buyers market and until that shifts we are at the mercy of what the buyer thinks.

Sep 14, 2011 02:51 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Jennifer - As a fellow MLO, I'm going to second Rodney's comment.  You are absolutely right that an HOA litigation is a HUGE RED FLAG!!!  The GSEs won't touch them.  You should make sure your borrowers lender is aware of the HOA litigation.

Sep 14, 2011 03:52 PM
Anja Kerstens, 669.270.8034
Compass - Morgan Hill, CA
GRI, NHCB, CDPE, CHS. Silicon Valley Homes

Jennifer, who said selling real estate is easy? Nobody who actually sells real estate will say it is easy but those we serve think we get rich doing nothing.

 

Sep 14, 2011 04:57 PM
Dan and Amy Schuman
Howard Hanna Real Estate Services - Solon, OH
Luxury Home Specialists

They key to getting deals done in this market is cooperation ( a lot of it ) from both agents. Too bad you are not getting it from the listing agent, he and his seller obviously doesn't get it and his client will suffer because of it. I love the Goldilocks reference by the way, I think I've worked with her a few times myself.

Sep 15, 2011 02:48 AM
Jennifer Prestwich
Henderson, Thornton, Broomfield and Westminster - Henderson, CO
Madison & Co Properties

Brad- I love it- his inheritance is on 10 wheels!  From the decor in the place, he has been a Harley guy for a LOT of years... but it still doesn't mean he should've bought a new place before considering the sell side.

Rodney and Donne- yes, it is a portfolio loan, and the lender is well aware of the litigation.  It truly was a minor miracle to find this lender, but they are absolutely on the up and up!

Pat- My thoughts exactly!  The seller is very friendly to my buyer and I think he even gave her his phone number to discuss some of the things in the house (some furniture she liked).  Maybe she will call him and let him know how his agent is acting..... Maybe.

Laura- we are still waiting to see.  Closing is set for September 30....

Linda- the upgrades are pretty nice, but if the appraiser isn't seeing it that way, then the bank won't cough up more money, right? :-/

Anja- What?  You mean we don't just sit there eating bon-bons and collecting checks?  LOL!!! Easy it is not, but interesting- ALWAYS!

Dan- I think this agent skipped class the day they went over the fact that there are (often) 2 agents in very deal, and each one needs to do what is BEST for the CLIENT.  Funny thing about Goldilocks is she keeps popping up! 

Sep 15, 2011 03:12 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Jen you got the right 'Tude for recognizing a snow job when you see one.  Kudos to you and your buyer for picking up on all the cues (loosely used) when the seller simply just ran his mouth to much.

You get the "Tude award today.  You've been featured in BananaTude!

Featured in Bananatude

Sep 15, 2011 04:43 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I feel your pain.  I'm involved in one right now that is similar in how it's playing out.  Oh the lies people will tell and the B.S. negotiating positions.  Do you want to sell or not?

Sep 15, 2011 05:28 AM
Jennifer Prestwich
Henderson, Thornton, Broomfield and Westminster - Henderson, CO
Madison & Co Properties

Charita- NEATO!  Thanks! :)  And really, this is why we tell the seller NOT to be there during the inspection, right?

Chris Ann- isn't it amazing?  I'm not sure whether to pull that rabbit out of my hat yet, about the seller running his mouth to my buyer.  We'll have to see how it goes over the next couple of days...

Sep 15, 2011 05:38 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Great job on finding a portfolio lender.  There is not much of that around any more.

Sep 15, 2011 02:33 PM
Olga Diaz
COLDWELL BANKER TOMLINSON - Pullman, WA
Potter, Mng Broker, CRS, ASP, ePRO, ABR

Liked your post Jennifer.  Good luck to you on this one.  It doesn't help the seller when their agent gets out of control, does it?  Have a nice weekend. 

Sep 16, 2011 08:34 AM
Jennifer Prestwich
Henderson, Thornton, Broomfield and Westminster - Henderson, CO
Madison & Co Properties

It sure doesn't, Olga!

Sep 19, 2011 09:06 AM
Karen Bernetti
Southington, CT

sounds like just another busy day in the life ... it never gets any easier, does it?  I don't know how you do it!!  

Sep 21, 2011 03:28 PM
Anonymous
Anonymous

Jennifer,

Sometimes you get lucky, and a buyer keeps answering your problems, and you still give them a reason to walk away. Probably not what you want to do do sell your home.

 

Too bad it didn't work out for your buyer, but even more unfortunate for that seller

Sep 21, 2011 05:56 PM
#19
Scott Hayes
(512) 786-8300 - Austin, TX
Realty Austin, Broker Associate

Jennifer,

Sometimes you get lucky, and a buyer keeps answering your problems, and you still give them a reason to walk away. Probably not what you want to do do sell your home.

 

Too bad it didn't work out for your buyer, but even more unfortunate for that seller

   
Sep 21, 2011 05:59 PM
Jennifer Prestwich
Henderson, Thornton, Broomfield and Westminster - Henderson, CO
Madison & Co Properties

Karen- The books we could compile from our "war" stories... :)

Scott- This is STILL going back and forth, if you can believe it!  

Sep 22, 2011 03:31 AM
Not a real person
San Diego, CA

I'm a little confused about why you said, "Plus, his seller has no money at all to bring to the table. (Then Why is Your Seller Selling?)." Aren't there lots of sellers who are selling because they have no money at all, much less money to bring to the table?

Happy Monday!

Sep 25, 2011 11:49 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Jenn, wonder if that was the seller really speaking? It does no good to shoot your mouth off with comments that you don't know the seller (or buyer) was thinking.  Best not to get to hasty as you say.  I think you finding a lender that doesn't care about the HOA is 5 stars for your side.

Sep 28, 2011 08:13 AM