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Mr. Seller, I Wouldn't Do That If I Were You

By
Real Estate Agent with Savvy + Company (704) 491-3310 228209

Mr. Seller, I Wouldn't Do That If I Were You

Selling a home can be one of the most stressful events we ever have to endure.  Because there are so many moving parts to a real estate transaction, many sellers become positively overwhelmed.  As their real estate agents, our job is to minimize that stress as much as possible.  

Pre-inspections tend to help considerably but, some Sellers opt not to have one, as their home may be 'newer' or the Sellers simply don't want to spend the additional money.  I strongly encourage Sellers to have one but, oftentimes, they choose to wait for the buyers' inspectors.

This leads me to the matter at-hand!  Mr. Seller listed his well-maintained home on the market recently and almost immediately sold that home for full list price.  Mr. Seller then went under Contract on another home as he was confident that his home sale was a 'slam dunk.'

Along comes Mr. Inspector, who found the home to be in fairly good condition, barring just a few items.

Mr. Buyer requested about half of the items be repaired by Mr. Seller's contractor.  Mr. Seller refused to repair one item that happened to be a deal-killer for Mr. Buyer.  Despite the pleas, recommendations, encouragement by Mr. Seller's agent, Mr. Seller refused to make the repairs.

Mr. Buyer decided to work through the Due Diligence on his own - contacting a contractor of his own to give him an estimate of said deal-killer issue - a perfectly rational thing to do.

Mr. Seller then announced that he has changed his mind and doesn't want to sell AT ALL!  Mr. Seller is "going to take his home off of the market and stay where he is!"

But, WAIT Mr. Seller!  There are EXPENSIVE repercussions to your decision.  Here are some of the costs that you can expect to encounter, should you decide to stick to your decision:

  • You will be required to refund the Buyer's Due Diligence Fee
  • You will be required to refund the Buyer's Earnest Money Deposit
  • You will be asked to refund the cost of the Buyer's inspections (all of them)
  • You will be asked to refund the cost of the Buyer's appraisal
  • You will be asked to pay your real estate agents' commission - after all, your agent did bring you a ready, willing and able Buyer, as per the Contract (WITH a full-price Offer).
  • You will be required to reimburse the attorney for their work, thus far, in the transaction.
  • You will forfeit your Due Diligence fee for your new home
  • You can likely forfeit your Earnest Money Deposit for your new home (depending upon your Due Diligence Period end date).
  • Lastly, the Buyer can also sue you for Specific Performance.

You will definitely want to speak with an attorney prior to withdrawing from a Contract in North Carolina if you are a Seller.  The cost of a single repair (or even multiple repairs) is pennies on the dollar compared to what you will be required to pay, should you terminate your Contract.

Mr. Seller, I Wouldn't Do That If I Were You!

© Debe Maxwell | The Maxwell House Group | SavvyBroker@me.com | Mr. Seller, I Wouldn't Do That If I Were You

Comments(33)

Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Chris and Dick Dovorany -  Absolutely!  There are multiple pieces to this puzzle and you can't just take your piece and hide it from EVERYONE!  That's not how we play!  Arrgh - so frustrating!

Carla Muss-Jacobs, Principal Broker/Owner - And as I said, I'll be on the lookout for that REVISED disclosure!  

 

Jul 15, 2015 01:51 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Wayne Johnson - Sideways indeed!  Just when you think you're THERE, it's amazing how one very minor thing can be such a sticking point.

Tammie White - If a seller refuses to make repairs, that's one thing but, the seller actually TERMINATED - not just refused to make the repair and allow the buyer to make the decision whether to move forward.  In North Carolina, a Buyer can sue a Seller for Specific Performance in this case.  You can't make a Buyer buy but, a Seller is expected to fulfill a Contract if a Buyer is willing to move past the Due Diligence Period.

Jul 15, 2015 01:54 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Debe. You're right a real estate transaction is tough enough, fortunately you don't have too many sellers like the one you described.

Jul 15, 2015 06:30 PM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Debe Maxwell They just don't realize the repercussions for backing out when it is at no fault to anyone else concerned in the transaction.  It's people's lives they're messing with.  Yeah...you have the reasons right.,...and this post will be a very good learning tool for those that are kicking everyone to the curb!

Jul 16, 2015 12:35 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Debe Maxwell - I do understand it's a good advice to seller - to move on with the sale of the home.

However, is it mandatory for the sellers to carry out the repairs? (The seller can refuse to - and then buyers can decide on what they want to do - go ahead or let it go!)

Jul 16, 2015 01:09 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

The best advice for this seller is to consult an attorney.

Jul 16, 2015 01:34 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Joe Petrowsky - True!  THANKFULLY!

Celeste "SALLY" Cheeseman - Thanks and it's true - I can't imagine that they were fully aware of the repercussions.

Praful Thakkar - It is not mandatory for the Seller to carry out the repairs but, it's up to the Buyer as to whether or not they want to move forward.  My Buyers wanted to investigate a little further and then make a decision.  Before they could make their decision, the Sellers terminated.

Jul 16, 2015 02:31 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Joan Whitebook - Absolutely and that is what was done!  Unfortunately, that conversation didn't change their minds.

Jul 16, 2015 02:32 PM
Debbie Gartner
The Flooring Girl - White Plains, NY
The Flooring Girl & Blog Stylist -Dynamo Marketers

Oh yes, these decisions can be costly and impact many people.  I'm sure this is the opposite of fun.

Jul 16, 2015 09:25 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Debbie Gartner - Oh, DEFINITELY the opposite of fun!  I feel so bad for my Buyers - they loved the place too!

Jul 16, 2015 10:53 PM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

OMG! Some people are their own worst enemy.  Mr. Seller needs more than advice, Mr. Seller needs some serious help.  Issues. He has issues. 

Jul 17, 2015 12:03 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Debe -- while specific real estate laws/rules vary by jurisdiction -- knowing the ins/outs and nuances of a transaction is so important.  It sounds as if this seller is facing lots of consequences for his actions.

Jul 17, 2015 05:35 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Sharon Tara - You bet!  I'm so surprised that someone would do this to themselves but, I hear it's happening more and more often.  The thrill of the sale and then they just realize the monumental task of moving??

Michael Jacobs - Yes, you can't make a buyer buy but, as a buyer, you can sue for specific performance - not something I would want to face as a seller.

Jul 17, 2015 06:38 PM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Oh Debe, I am going through a home inspection where the buyer asked for repairs and seller fixed some himself and refuses to pay for anything else....will see what happens next. Buyer (from Charlotte) coming in today.

Jul 19, 2015 08:38 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Oh, Rebecca Gaujot, the GO TO REALTOR, that is a tough one!  Inspections seem to be our biggest PITAs in our business these days.  Good luck with the Charlotte buyer!!  

Jul 20, 2015 11:34 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Debe all good advice, in our state there is something called a Notice to Perform works for buyers as well as seller...now if the seller changes his mind because of items that need to be fixed...then the only way the buyer can force the seller is if the buyer withdraws the request for repair...then he can force the seller to sell...Endre

Jul 20, 2015 02:59 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Hi Debe.  I'm just glad that I'm not the one dealing with this seller.

Jul 20, 2015 09:10 PM
Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

My son had to voice these threats ( via his agent ) two years ago when the sellers decided they didn't want to move - the day of signing. Seriously? It delayed things but when they realized what their change of heart would cost - they quickly decided to move forward with the sale. 

Jul 21, 2015 12:38 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

I like Praful Thakkar and Sharon Tara comments as well as Debb Janes . The whole topic as you presented it is very good and I'd guess that in a number of courts the decission would be split about 50/50.

Jul 21, 2015 12:52 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Debe, we have an inspection period and the buyer may ask for any repair be made, but the seller is only required to fix items that relate to: safety or hazardous conditions or of a structural nature. If they elect not to then the buyer can walk away with earnest money, but that's about it!

Jul 25, 2015 08:49 AM