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Rainmaker
4,796,451
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

They can try, if the seller agrees it's OK.

Jan 07, 2019 06:52 AM
Rainmaker
982,189
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Essentially NO, however, they could waive the financing contingency and proceed but this would put his deposit at risk if they failed to qualify. It could be risky if they're working on the fringe. You're right about asking why the seller would care and it's because the possibility now exists that they may not be able to close. That is huge! 

May 27, 2015 11:42 PM
Rainmaker
1,026,912
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

This is very much a contract-specific question, so the answers you receive here are not necessarily going to be the correct ones.  I know that in our market, that happens all the time and if the buyer gets to closing successfully, his financing is irrelevant.  Changing financing may affect the buyers' ability to recover their earnest money deposit  in the event of default, but again, that's contract specific. At the end of the day, though, I do not believe sellers can dictate the buyers' financing as a general rule. 

May 27, 2015 10:05 PM
Rainmaker
2,890,027
Richard Weeks
Dallas, TX
REALTOR®, Broker

Yes.  Usually financing is a contingency which can always be waived.

May 27, 2015 09:40 PM
Rainmaker
2,230,293
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning. It happens from time to time, the language in the contract comes into play. As long as the client still qualifies for the mortgage, I really don't see an issue.

May 27, 2015 07:35 PM
Rainmaker
797,159
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Boy that's a gray area here in AZ. It states on our contract that buyer can make changes to the loan program, financing terms, or lender without prior approval from seller if these changes do not adversely affect buyer's ability to obtain loan approval, increase seller's closing costs, or delay COE. 

May 27, 2015 04:06 PM
Rainmaker
1,477,056
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

The short answer: yes. As long as your buyer and his/her lender are going to honor other terms of your executed contract and seller agrees to it( any change to an original RPA, should be done via ADM signed by both principals)

 

p.s. I had a situation when we accepted all cash offer for a commercial building, but the investor decided to get a loan. Seller agreed and buyer closed on time, everyone was happy.

May 27, 2015 01:37 PM
Ambassador
3,981,932
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

It depends what you contract language says. In Tennessee the buyer can change and pursue othre financing and terms.

May 27, 2015 12:10 PM
Rainer
38,282
Barrett Henry, SRS, MRP, ePRO
RE/MAX Bay to Bay - Tampa, FL
The NOW Team is your RE/MAX team for Tampa FL

Hello - I noticed you're located in Florida. Your association should provide legal advice for free through the Florida Realtors® I have called them several times for random questions.  407-438-1409 you will need to provide your real estate license number so they can verify you have are in an active status and then they get right to answering your questions. Here is a link for the legal center hotline page.

May 27, 2015 09:15 AM
Rainer
367,602
Raoul Loustaunau
REALTY ONE GROUP - Phoenix, AZ
urhomefinder.com myvaluetoday.com

i bet i can be done as long is done when docs and closing are being done and does not change the outcome of the purchase , but that's just my opinion. seller must approve the change ;  big difference between 15 and 20 percent down ; no mi at 20 ;client could end up not qualifying .very important to let the other parties know about changes . disclosure of changes would be the most important to make sure everyone on the same page.have a great day

May 27, 2015 08:23 AM
Rainmaker
304,839
Cindy Davis
SD Home Source Realty - San Diego, CA

Why are you asking us? Why not ask the listing agent?

May 27, 2015 07:46 AM
Rainmaker
698,797
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Everything is negotiable with an addendum.  If the seller agrees then it's ok.  If the seller disagrees then it's a no go.

May 27, 2015 07:25 AM
Rainmaker
2,939,742
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

The legal aspect of it has to be answered by a lawyer, here in NH say a sale is contingent upon a buyer getting a mortgage and then it states convention 20% down. If the buyer gets denied for a mortgage than getting the deposit back could be a stickler, but the seller does not usually see the buyers approval or loan papers at closing. YES though many buyers try to bait a seller to accepting a strong offer and then switching it to a not so strong amount down. That weighs heavy on most listing agents, 

May 27, 2015 07:12 AM