Special offer

She is back!

By
Real Estate Agent with MagnumOne Realty CA BRE Lic. # 01418097

The other day I wrote about a buyer who dumped her agent and asked the seller to accept her offer directly.  We essentially said she had to have someone represent her and that we would not do it.  Well she is back with an offer written by her attorney.  What a mess!  Clearly the attorney has no idea about buying real estate in California. 

We are going to counter back at full price and hope she goes away as there have been too many red flags already and even if you could get into contract it would be hell getting it closed.  Life is too short and there are other buyers.

What do you think?

Renee Stengel
Houlihan Lawrence, Associate Broker - Katonah, NY
Westchester County
ISo, will the lawyer be claiming the commission.   Totally agree with you, seems like a time bomb waiting to happen. 
Feb 07, 2008 11:08 AM
Derek Bauer's, www.DoorToDreams.com Door to Dreams Home Selling Team
Real Estate One - South Lyon, MI
Hi, Julie!  I am a bit confused here ... You represent the Seller, and the Buyer asked you to author an offer, to which you said, "No," ?
Feb 07, 2008 11:09 AM
Teri Deane
RE/MAX 100 - Columbia, MD
Realtor, ABR, CRS, SFR - The Deane Team

That happened to a friend of mine, except the buyer was a lawyer!  He then went directly to the sellers behind the listing agent's back and tried to cut her out as well!  Some people have no honor.

Feb 07, 2008 11:10 AM
Julie Jalone
MagnumOne Realty - Roseville, CA
Hi Derek - Sorry, this is one of my MagnumOne agents and she has listed her own home.  Originally when the seller asked to make a direct offer I agreed to represent her, just to prepare the offer, so we could get it sold for my agent.  When we found about the dumped agent and the other "red flags" we told the potential buyer to find someone to represent her.
Feb 07, 2008 11:13 AM
D B
Quakertown, PA
e-PRO, Realtor - Bucks County PA - 610-952-3578
GOod luck.  Maybe she will pay the full price
Feb 07, 2008 11:14 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News
Sounds like it will be a difficult close.  I'm sure you will end up doing both sides of the deal no matter how hard you try not to.
Feb 07, 2008 11:17 AM
Endea Thibodeaux
Lanham, MD
Solar Energy Consultant, CDPE, CLHMS
What happens if she accepts your counter?  Buyers are hard to come by here so even if she is a pain if she could close I'd have to tell my Sellers to go for it.
Feb 07, 2008 11:26 AM
Derek Bauer's, www.DoorToDreams.com Door to Dreams Home Selling Team
Real Estate One - South Lyon, MI
AH!  I was confused and Agency differs from state-to-state.  There are those that say procuring cause would stand-up in court, and others that say no.  You obviously did the right thing.  My hunch is the Buyer will not end-up with that particular home.  That type of a person is never happy or content with anything and something will likely change for them between now and closing.  I wish you the best!
Feb 07, 2008 11:38 AM
Konnie Mac McCarthy
MacNificent Properties, LLC - Cobb Island, MD
Broker/Owner - VA & MD "Time To Get A Move On!"
well..if she dumped her agent...then..you are right you already figured out what kind of person she is
Feb 07, 2008 12:01 PM
Karen Webster...Grand Rapids, MI Realtor
5 Star Real Estate, Grand Rapids MI - Grand Rapids, MI
Hope you're successful in making the problem go away.  It's pretty rare IMHO that a transaction benefits when a lawyer is added.
Feb 07, 2008 02:59 PM
Julie Jalone
MagnumOne Realty - Roseville, CA

Thanks you all for the comments, I had to laugh when I read Karen's comment aobut the benefits of lact thereof of having a lawyer in the mix.

We have countered back and removed all the attorney "junk" and generally cleaned up the offer plus set the stage by making it clear the home was "as is" and all costs for any inspeciton/repair would be for the buyers account. 

I have a feeling the nightmare for my agent is just starting if it gets accepted but the market is slow and this is in the upper price range of homes for the area.

Feb 08, 2008 06:09 AM
Mike Frazier
Carousel Realty of Dyer County - Dyersburg, TN
Northwest Tennessee Realtor

Julie,

Counter back with an increase in earnest money. And try to reduce the contingencies they will ask for.

Maybe if you do these things they will go away. Sometimes, our past experiences tell us how it is not going to work!

Feb 08, 2008 06:49 AM