SHOP BY DEPARTMENT
fleurssauvages

Seller Changing Sale to As-Is After Accepting Offer

fleurssauvages
11 months ago
last modified: 11 months ago

So we finally, finally found a home we really liked after lots of disappointments. Seems like good condition. Roof was replaced 2018; hvac, 2015. So we made an offer, seller (who is a Realtor and selling home as owner, not through agency, but selling due to wife being transferred at job) accepted offer. This was about a week and a half ago. Since then I've hired the attorney, gotten the insurance (including paying for the flood insurance already), and have the inspection set for two days from now.

So then yesterday I get a call from our Realtor who tells us she has some unsettling news. She says she received an email from the seller stating he wants to give us a heads up that if anything comes back on the inspection on Monday he will not be fixing it; and also, if the house does not appraise for what he wants, he will not be selling it for lower so we will need to pay the difference. This is NOT the offer he signed, he did not sign or list the house as an As-Is sale at all. It makes me wonder if this is an indication he knows something is wrong? But, basically, she is giving us the heads up in case we want to cancel the inspection for Monday/cancel the entire sale right now so we're not out the extra inspection money and time for a sale that may not go through in the end.

Just seeing what others would do in this situation. It's frustrating. We've already spent money and time in this deal. This is not the offer he signed and now he's changing his tune. At the same time, the house seems to be in good condition, which was part of what we liked -- it needed really no work, and we really highly doubt anything major is going to come back wrong on the inspection, and I would think would appraise for around asking price. With that said, if it does not appraise for the offer amount, we cannot afford to pay the difference at all. We're stretched thin with just the down payment and closing costs.

What would you do? This gave me a feeling I'm dealing with a snake that's just going to continually go back on what he's agreeing to and makes me unsure how things will go down the road. But, we're also very tired of looking, do like this house, and have already put time and money into the process. Would you take the risk and go forward or would you stop now?


**I should add, this is our very first home purchase, so the whole process is very new to us as well. I have no idea, maybe things like this happen commonly.

Comments (137)

  • fleurssauvages
    Original Author
    10 months ago

    Back for more questions, everyone! So our deal didn't go through, seller wasn't willing to take any less any we couldn't afford the difference. So that deal is done, unfortunately.


    So, we've moved on. After a week or two now of feeling sorry for ourselves we've started looking again. We found this house we like about two months ago but then found out it has tenants living in it until July, so we crossed it off our list. When I was looking around the other day I see it's still available. We crossed it off because we really wanted/needed to move immediately. However, a few things have come up recently that kind of are making us think this could actually work out well for us. We've got a lot going on personally and wouldn't mind not moving until July. Before we even start talking to the realtor about this, does anyone know how this situation would work? Would we be making the rent money until July? If we move forward and purchase it, is there a way to ensure the home is, in July, in the same condition it's in when we buy it? Anyone ever bought in a situation with tenants before?

  • maifleur03
    10 months ago

    There is no guarantee that any house with people living in it will be in the same condition next week much less in July. If that is a concern you need to remove the house from your list immediately. Not certain what you mean by "Would we be making the rent money until July?"

    fleurssauvages thanked maifleur03
  • Related Discussions

    Dealing with a seller who has a better backup offer

    Q

    Comments (37)
    It is likely to late now, but " two wire nuts present in a breaker box" is not acode violation. Breaker boxes are also listed as junction boxes, and you can extend wires (or join two wires that then connect to a single breaker) inside the box as required as long as you do not exceed the fill rules for the wring gutters. Most boxes have huge wring gutters and you would have to work very hard to approach their ifll limit in a residential setting. When you bring an essentially incorrect 'finding' to the negotiating table you are likely to taint everything else you ask for. Unless the possibility of FHA financing was called out in the offer you submitted (thus effectively making the FHA rules part of the contingency) the seller has every right to reject your request for any repairs. An experienced RE agent would have likely told them not to accept an offer contingent on FHA financing. For the most part their is no rule that ANY repairs must be made by the seller, safety or otherwise. I have purchased houses with all sorts of gross defects, right down to sections of floors marked off as unsafe to walk on. As long as it is readily apparent and no steps have been taken to conceal a defect you can sell 'as is'. Some places like to revoke COs at sale, giving them a shot at a warrantless (as in no search warrant needed) inspection of the house for code enforcement and tax valuation. By blocking a CO they can force repairs, but often cannot control who must make or pay for the repairs. The revoked CO and refusal to issue a new one can stop the whole selling process cold sometimes since it represents a serious reduction in the value of the property. It is no longer suitable as a home. Since repairs are almost always cheaper than suing the government, the sellers capitulate.
    ...See More

    thoughts on changing sellers agent mid-sale

    Q

    Comments (17)
    I would be the first to tell you if you werent happy with your agent/services, etc then switch, but from your description, it does sound like her manager was right and you dont fully understand the process or that you will be happy with anyone. How do you expect to have updated comps from your agent in a 3 week period? The comps from 3 weeks ago are the same as they are now. You said she has had good activity with lots of showings. That is exactly what you want from an agent. Agents can't make people buy your house, they can only expose it to as many buyers as possible. You are worried about putting it in the paper when you have lots of activity? WHY? Buyers typically go back to a house at least 2x before making an offer. With a 4 week listing, that can be impossible. It sounds to me like you have a fairly new agent which could be a good thing because they are hungry and are willing to do almost anything to keep the listing. (could be why her manager is so involved with you). I suspect an experienced agent would have passed on the listing. And no, if you sign with another agent, she will not be paid unless she is the one that brings the buyer to the table. IF ANY of the other agents that showed your house brings the offer, the new agent that you hire will be the one that gets paid.
    ...See More

    If after 3mo contract - no sales - change realtors?

    Q

    Comments (39)
    ur realtor has done a great job and in two months we have had a lot of lookers but no offers. I really don't think it is over priced but she is talking about lowering the price. Our competition is new construction and some have gone to that. The two things people don't like so much are the smaller 3 bedrooms and a smallish entry which we cannot change.It would bring a new set of lookers. Almost all of the lookers we have had were from her realty co...tho not all from her office. So if we were to go with another large co. does it stand to reason there would be another whole set of lookers? I've said it before and I'll say it again. I love this site because it gives me a window into the minds of sellers. Mar-cia, WOW! You have read on here the nightmare stories that sellers have with their agents. For the most part, the people that post here are unhappy with them. Their pictures, their advertising, the lack of activity, they arent doing enough etc. YOU have an agent who you are happy with, she does alot, she advertises, she gets people to look at your house, you yourself said she has done a great job but you want to change realtors because she hasnt brought an offer? NO ONE, can make someone buy your house. All she can do is market it to the right audience. It sounds as if she's getting them there and they are choosing new construction. That in itself means your price is too high. If they can get new construction the way they want it, the colors they want, the cabinets they want, the room sizes they want, for the same price as yours, they are going to go for it. Your buyer pool has just been limited to someone who wants something "newer" but can't wait for new construction. The next "new" agent that you sign with will most likely want to lower the price too because it didnt sell. If you are in the MLS system, you are already reaching the other offices. Just my opinion, but your house looks on the cold side to me. I would warm it up with some warmer neutral tones and reduce the price like your realtor advises. The longer you are on the market, the lower the price goes. You could reduce now and sell for higher than if you sat at your price for another 2 months.
    ...See More

    Would you accept a contingency offer?

    Q

    Comments (8)
    As an update the owners of this property accepted the contingency offer. The realtor was surprised, but its a better offer than the alternatives. However, it has an immediate kickout clause. They can continue to market and show the house and if a better offer comes in, they can accept it, with no advanced notice to the contingency buyer. Perhaps, too, the lowball cash offer is something that will still stand at the end of the 60 day contingency offer. My limited familiarity with low cash offers is that they are often "standing" meaning they do not need the house at a particular time and are willing to buy it at any time (within reason) the seller decides s/he is not going to get a better offer. The seller can assertively try to sell the current property and the only "risk" is tying up a large cash deposit for several months in an escrow account.
    ...See More
  • fleurssauvages
    Original Author
    10 months ago

    What I mean is there are tenants living in it. If we buy it in, say, January, is it us who are being paid the rent from January until they move out?

  • chicagoans
    10 months ago

    (not a pro) If you are the owner then yes, the tenants' rent should be going to you. But you need to do the math and see whether their rent will cover your mortgage, property taxes, insurance, etc. And you need to find out if they pay utilities and are in charge of yard maintenance, or if that would be your responsibility.

    I've never been a landlord and if you haven't either, you might want to start a new post to ask others about their experiences and what to watch out for. Some renters are great and will take good care of a place; some are not at all and it could be hard to get them to leave at the end of the lease.

    fleurssauvages thanked chicagoans
  • fleurssauvages
    Original Author
    10 months ago

    It looks like a very well taken care of home at this point, although of course it's impossible to say a few months from now what kind of shape it will be in. We know it may not be the exact same as now but have a fear of major damage going on or things unforeseen. We do not want to be landlords or anything like that but really love this house and hate to pass on it with just a few months left (by the time the closing would go through.) Just not sure how it all works. Like, do we need to refund them a deposit? I guess it's possible a company could be in charge of all that, if the owners put it through a company. I'm sure I'd find out more if I truly inquired about the property but things have been so discouraging lately and don't want to get started with the Realtor again (who I'm in a contract with) over something that may not end up working out, again.

  • homechef59
    10 months ago

    If you really like the house, the situation can be managed successfully. It's worth considering and discussing. There are lots of possibilities and ways to handle this sale. You need a real estate attorney to review the tenants lease and explain your options to you. It can be done. It just requires some effort. Hire a real estate attorney for an hours consultation and educate yourself.

    I've tried to sell a home a with an extended closing date. It wasn't easy. None of the agents wanted to show it to clients until the closing window was in a reasonable time frame, think 60 days. Don't feel bad about talking to your agent about this. Sales fall through all the time for lots of reasons. They can make some inquiries about the situation and refer you to an attorney if you are still interested.


    fleurssauvages thanked homechef59
  • fleurssauvages
    Original Author
    10 months ago

    We really love this house, more so than even the house that fell through. Of course, we'd love it more if it was available right away, but can't win them all. My only fear is that we are still stuck in a contract with the realtor we've had until March, and, yes, that does seem to be the case that she's not interested in showing is this house. At least, she wasn't when we first asked about it a few months ago. So while we can't change realtors right now, that sounds like a good idea to speak with an attorney regarding the options. I would really love to get this house. We actually had heard from the underwriters the day after our house deal fell through, and she told me they had just finished the underwriting process like three days earlier, and while that deal wasn't going through if we found anything else this process would be very quick the next time as we're now approved through them. So glad to at least know that won't be a problem.

  • homechef59
    10 months ago

    Instruct your realtor that you want to see the house. If they don't want to show it to you, then request to be released from the buyers contract. Get the release form signed by the agent and broker. I bet they make you an appointment to see it.

    If they do, ask for a copy of the tenant's lease. They will have to provide it if you are going to make an offer.

    This lease is a problem. It makes your current financing a problem, too. This may be why your realtor is hesitant to show it to you. Ask them. With tenants in residence, the chances are high that your current financing arrangement won't qualify. This is why this house hasn't flown off the market. It's a complex sale.

    The lender is unlikely to finance a property that has a tenant in residence at time of closing. You will have to sign a form at closing attesting to this property being your full-time residence at time of closing. You could get financing if you can come up with 30% or more down payment because it will be a commercial loan at that point. I don't believe that is your situation.

    It's a long shot. The lease is the lynch pin. Is the seller just being nice to their tenant or is there an enforceable lease?


    fleurssauvages thanked homechef59
  • rrah
    10 months ago

    I'd advice you to keep looking and pass on the rental house for now. As homechef said, you're going to have difficulty getting a lower rate home mortgage since you won't be moving in for 7 months and receiving rent.

    And yes, you will receive the rent and should receive the prorated rent for the month you close. You should also receive any deposits. Your state maybe different, but deposits in my state must be kept in a separate escrow type account so the landlord doesn't spend them. When I sold investment properties I also asked for copies of all leases for my clients so they could see what was in them and make sure the deposits, first/last months rents, etc. matched up to what we were told. I also required tenants sign a document stating they were aware of the sale and a few other things. You also want any documents signed by the landlord/tenant related to move-in conditions.

    Ask yourself if you are really ready for the responsibilities of being a landlord for months and if you trust this agent enough to help you through this process correctly.

    fleurssauvages thanked rrah
  • fleurssauvages
    Original Author
    10 months ago

    Oh, I never thought of that regarding it being considered a commercial lease. Wow. That's unfortunate. I really love this house, but definitely wouldn't have the extra financing to put down as a business property. Thanks for giving me the heads up regarding that. What a bummer though.

  • msteezzy
    10 months ago

    I don’t know anything about your state but I’m surprised by the answers here. Might be specific to the US, I’m in Canada. Here we don’t own a property until the date the sale is closed and money is exchanged. The tenants would have nothing to do with me until that point.
    Regarding future purchases, we moved into a house this year that we bought about 7 months in advance. Process was the same as any other house in that we did the inspection at the time of signing and seller was required to leave the house in the same condition it was at time of signing. That being said there was some damage done on the day he was moving (accidental) and he paid for those repairs.
    Regarding the financing, we were able to lock that in place months in advance. Every bank has different policies here but I think on average we were able to secure things about 3 months in advance and then I had to show recent proof of earnings, bank statements etc., closer to in order to show that nothing had changed.
    I’d say to do some more research about the questions you have if you love the house, just to be sure.

    fleurssauvages thanked msteezzy
  • greg_2015
    10 months ago

    If it is the perfect house, you might want to explore some options that don't involve becoming a landlord.

    Maybe the tenants could be encouraged to move out sooner (cash incentive) so that closing could happen sooner (but after they move out).

    Maybe you could get it under contract, but the actual closing isn't until July. Probably unlikely since that's a long closing date, but it might be an option.

  • bry911
    10 months ago

    Typically loans require occupancy 60 days after closing. I suspect that you can make it work if it is the perfect house. I would speak with the current owner and see what s/he says. Typically when a tenant knows they have to move out they will become responsive to some notice and possibly cash incentives, which you will ask the current owner to pay. If he can get the current tenant to sign a new lease that ends by April the deal becomes pretty easy to get done.

    fleurssauvages thanked bry911
  • homechef59
    10 months ago

    I was renting home with a one year lease when it was unexpected listed for sale. I had been actively looking for a home to buy. Once I found a house and was under contract, I notified the seller that there had been a material change to my lease contract and under the legal doctrine of "anticipatory default" I was notifying them that I was terminating the lease. It's one of the few ways that a tenant can get out of a lease early without penalty. It worked.

    The bottom line for you is to view the house to determine if its worth all this trouble. If it is, there are ways to make a deal that satisfy everyone. Talk to your agent. It won't be easy, but it can be done.

    It is possible that the tenant can be persuaded to leave early. You won't know unless you make the effort. Only you can decide if it is worth the effort.

    fleurssauvages thanked homechef59
  • raee_gw zone 5b-6a Ohio
    10 months ago

    Oh, I never thought of that regarding it being considered a commercial lease. Wow. That's unfortunate. I really love this house, but definitely wouldn't have the extra financing to put down as a business property. Thanks for giving me the heads up regarding that. What a bummer though.

    Well, it seems to me that there are several options to explore before giving up based on this conjectural possibility. Talk to your agent (and be sure that he really knows what he is talking about), talk to a real estate attorney to find out the pertinent laws in this situation (can possibly get a free introductory consultation), and do get into the house to actually see it and start discussions with/getting lease info from the seller.

    Sometimes a tenant who becomes aware that they will have to move anyway is not unhappy to do so early.

    If we move forward and purchase it, is there a way to ensure the home is, in July, in the same condition it's in when we buy it?

    That is what the renter's deposit is for - you return it when and only if the condition of the property meets the terms of the lease upon move-out. The amount of the deposit is to cover unreasonable wear and tear to the property or outright damage, but it sounds like these are good tenants since you say the house appears to be in good condition now.

  • fleurssauvages
    Original Author
    8 months ago

    Hi, everyone! I'm back for more advice. I thought about starting a new post but felt like I received such great advice on this particular one that I'm just continuing on it.


    So this past weekend we made our third (failed) attempt to make an offer on what was basically our dream home, we loved it so much (even more than the one that fell through a few months ago). We were still in the contract with the same agent, so even though we found this house on our own at an open house, we just asked her to make the offer. So every time you make a new offer and she sends the paperwork over to sign, you can't move forward with submitting the offer until you sign the last page which is a new buyer's contract. So now our contract has been extended even longer, and the sellers took a different offer. So at this point we're so tired of being disappointed we're thinking of just going down the road where they're building new homes and taking one of those. We don't care for them that much but in all honesty anything is better, and cheaper, than the rent we're paying now.


    So my question is if we do that, just go on our own to a new development, do we need to use an agent? Can we just go directly to the developers/sellers? We know we can't go to any new agents, but what if we're not going to a new agent? We just haven't had luck with her. Three failed attempts. Last week we showed up to a house she was supposed to meet us at, at 9 a.m. When she never showed up I called her. She forgot to tell us the property had went under contract the night before. Also never gave the key to our inspector on our old offer. Just a bunch of stuff. And now three failed offers just makes me wonder if this is common or just us that has this many problems trying to buy.


    Any advice is appreciated, as always :-)

  • MaryBocaTX
    8 months ago

    Hi there - I was just thinking about you the other day and wondering if you had found a house yet! Based on your recent events, I wanted to offer a couple of pieces of advice...

    First of all, it might be worth sending a note to the owners of your “dream home” asking them to keep you in the running if the current contract falls through. It happens.

    Also, please don’t enter into a contract on a house you don’t really like (yikes!). Look what happened in the last month! You were considering jumping through all kinds of hoops to purchase a house with renters, etc., and then found a home you LOVE! This is a huge purchase - there will be another house, yet again, that you love. I know you want to be finished with this process and finally stop renting for many reasons, not the least of which are financial, but purchasing a house you don’t like is not the best idea.

    fleurssauvages thanked MaryBocaTX
  • greg_2015
    8 months ago

    Ask the realtor to let you out of the contract. The point of the contract is to protect the realtor so that they get paid for houses that they've helped to with. It isn't to handcuff you to them so that you can't move on to look at other options if you don't find working with them beneficial.

    Officially get out of the contract before you buy anything or you could be on the hook.

    fleurssauvages thanked greg_2015
  • MaryBocaTX
    8 months ago

    ^^^Thats good advice. You could have her present a list of houses you both sign off on (that she has actually shown you over the duration of your contract with her) that you would be precluded from purchasing going forward (i.e.the “dream home”) in the event that any of those come around again. She SHOULD be okay with that...and if not, you should contact her broker with the same argument. Outside of that list, you would be free to move forward.

    fleurssauvages thanked MaryBocaTX
  • raee_gw zone 5b-6a Ohio
    8 months ago

    If you already had a still-in-effect contract with the RE agent, you did not need to sign those contract extensions and she had no right to insist/refuse to submit your offer (because that would be violating the present contract). IF that is the case, you have a valid complaint and probably a basis for terminating the contract.


    This reminds me of a situation I encountered a few years ago - difference context but the principal was the same. After a relative passed away, her estate was in a trust, and the trustee contracted with a financial management firm to manage the investments while the estate was settled. When the time came to dissolve the trust and distribute everyone's share, the management firm slipped a form in with the rest of the paperwork that would have given them continued management of my share, at a cost of a percentage of the assets yearly. Thankfully I noticed and alerted the others. This seemed a blatant attempt to trick us into a contract with them.

    fleurssauvages thanked raee_gw zone 5b-6a Ohio
  • tete_a_tete
    8 months ago

    Yes, it certainly does, raee.


    I often think of this thread and how you're house-hunting is going, fleurssauvages.

    fleurssauvages thanked tete_a_tete
  • fleurssauvages
    Original Author
    8 months ago

    So I'm not sure if it's due to COVID or if these offers have always been signed digitally, but they send it over already ready, and you just essentially click each square and then at the bottom click submit. Basically, it doesn't let you click submit until you've signed/checked all the boxes, including the buyer's agreement, which then extends it. Yes, we were still in one from months ago which extended ours. I did notice it only extended it a month or so, until May, but still.


    I did go ahead and wrote to the sellers agent a little while ago asking them to keep us in mind if the deal falls through. I'm sure it's unlikely, but, yes, doesn't hurt to put it out there.

  • fleurssauvages
    Original Author
    8 months ago

    Turns out I see this morning the house sale was a cash deal, so probably will be going through, unfortunately for us. Feeling so defeated. I do agree we probably shouldn't take something we aren't totally happy with but we've been looking since October and paying month to month rent since October, which is pretty high, much higher than any of the mortgage payments, so we just feel such a sense of urgency to either give up and resign our lease for another year or take anything at this point.

  • MaryBocaTX
    8 months ago

    That does take a lender out of the deal, but there are other reasons that could keep it from going through - inspections, buyer circumstances change (job loss, transfer, even death, etc.) - you never know. Having said that, please be sure your letter (hopefully not just a request, but also pulled at the seller’s “heartstrings“) was actually presented to the seller - as opposed to just their agent.

    The month-to-month rent situation sounds tough, and only you can weight the pros and cons of continuing that financial burden with the less than ideal decision of purchasing a house that you don’t really like.

    Remember, now that the holidays are over, people are much more likely to move forward with listing their houses. You have just weathered the slowest part of the year for relocations, and your chances of finding a new listing that you love have increased significantly.

    fleurssauvages thanked MaryBocaTX
  • maifleur03
    8 months ago

    fleursavages you may find that your rent is actually smaller than what your end mortgage payment will be. Just something that people should be aware of is that depending where you are and your lender some require that property taxes, homeowners insurance and any PMI be included in your mortgage payment and there can be other things such as HOA fees. This comes as a surprise to many first time owners in areas that it is allowed. This allows the mortgage company to make certain those bases are covered especially the homeowners insurance.

    fleurssauvages thanked maifleur03
  • fleurssauvages
    Original Author
    8 months ago

    I wrote the letter to the seller's agent yesterday, but never actually received any type of response. That was my request in the letter I sent was to pass the request along to the sellers if their current deal happened to fall through. I told them we've been looking since October and this was our dream hope, so I can only hope she actually passes it along to the sellers, especially since I received no response. Is this just a South Carolina thing, agents are so lackadaisy? Ever since my agent never showed up last week at our 9 a.m. appointment because she forgot to tell us that home we were scheduled to look at was no longer available, I keep thinking how I could never get away with the sheer quantity of "mistakes" we've dealt with since this began -- and I am a freelancer, self-employed as well, but I would lose all of my clients if I made even a quarter of the mistakes or just did not respond.


    I'm not quite sure I mentioned this, my mind is very overwhelmed lately, but we actually found out the home was pending via Zillow, we never actually received notice from our agent. So I contacted her a few hours afterwards saying we see it's been showing as pending, we're assuming we did not get it, and she basically said she wasn't notified by the other agent but either way, I just feel like I'd be unemployed if I was this inattentive.


    Anyway, so, yes, our particular rent is extremely high because of paying month-to-month. It wouldn't be as high if we resigned our lease but because we were trying to buy we chose not to, which is so high it should be outlawed, but that was our choice. When we first decided not to resign we really assumed we'd find a place within a month or two. When we did speak with our agent about not getting this house she told us the problem is the demand in the area is so high and the inventory is so low, which just not helping our spirits, I think.

  • Paula A
    8 months ago

    If you started looking in October, that's just a few months, finding/buying the right house can take a LONG time. Also, you were looking at the worst time, people tend to not list during the holidays, the middle of winter / the school year (a global pandemic probably didn't help). Spring is just around the corner, Expect the number of listings to pick up.


    We just had our first meeting with our realtor; we told her our "wants" in our new house, she told us to be prepared to wait a YEAR to find what we're looking for... partially b/c supply is low & demand is high. Don't get discouraged, i know paying rent stinks.... but I doubt you'll feel better paying a mortgage for a house that you don't love.

    fleurssauvages thanked Paula A
  • fleurssauvages
    Original Author
    8 months ago
    last modified: 8 months ago

    Well, I guess I should clarify. We made our first offer in October. We started looking months before that. So first offer October, second November, and now third January 2021. Just frustrating regardless.

  • MaryBocaTX
    8 months ago

    I hate to keep harping on this, but you should make sure your letter gets to the “dream home” sellers regardless of whether the current contract falls through. It might affect how they decide to deal with bumps in the process with this buyer as the deal progresses. And with the way you describe the situation regarding communication, you shouldn’t be convinced that the circumstances surrounding the other contract are as accurate as you now believe. It’s a long shot, but if you’re making the effort you should do it in the way that is most advantageous to you.

    And seriously, keep your hopes up. I know it seems like it’s been forever, but the next dream home could be going on the market right now!

    fleurssauvages thanked MaryBocaTX
  • fleurssauvages
    Original Author
    8 months ago

    No, you're completely right. Would you just mail it to their address? I kept checking my email today throughout the day just to see if I received some kind of even just short reply from that Realtor stating got it, thanks, etc., but nothing. I think if there was a plethora of homes to choose from I'd be more optimistic but between our own Realtor telling us the demand in this town is too high for the inventory, and then just seeing it myself online how few there really are, it's just hard to stay optimistic.


    The one good thing that did come out of finding this recent house though, even though we didn't get it, was that it kind of made me realize we were taking that last house that fell through just to be done with the search and not really because we loved it. We did like it a lot, it met our needs, nothing wrong with it, but wasn't the wow, I love it so much feeling. So I guess it helped get me over losing that last house once and for all.

  • MaryBocaTX
    8 months ago

    I was hoping that was the case with the previous house! Won’t it be great when:

    a. You wind up getting the “dream home” after all, or

    b. You find something else (soon!) and it becomes “dream home 2.0?”

    As for the letter - If it were me, I would just mail it to the seller’s address. Apologize for contacting them directly (tell them you gave a letter to their realtor yesterday, but really wanted to reach out to them directly to express how you truly feel about their house - covers both bases), and really play up the personal angle...you can see yourselves raising your family there, blah, blah, blah. Who knows? It might annoy everyone involved, but...it might not. You’re already at a “no.”

    Then just move on.

    fleurssauvages thanked MaryBocaTX
  • MaryBocaTX
    8 months ago

    ^that last sentence sounded harsh! I meant then you can just move on. Dont worry; everything will work out...eventually!

    fleurssauvages thanked MaryBocaTX
  • rrah
    8 months ago

    The seller's realtor probably did not reply to you because of the agency agreement you have with your realtor. They know an agreement exists and are playing it safe ethically to not contact you directly. They may have emailed your agent.

    It doesn't make it easier, but the low inventory of houses is a reality in a lot of places across the country.

    fleurssauvages thanked rrah
  • fleurssauvages
    Original Author
    8 months ago
    last modified: 8 months ago

    That was my exact thought too was it had to do with us having the agent they weren't allowed to contact us. If they did contact our agent it would have been nice of our agent to let us know the other agent received our message.

    I'm still not quite sure I know the answer to this. I know everyone said just to cancel the contract, but my fear is going down that road and then not being let out of the contract. Then she knows how we feel and I'm fearful she'll be EVEN less invested at that point in trying to help us. So -- and I don't even know if anyone can answer this. Maybe I just need to read the agreement closer -- but does anyone know if it is in violation to use no agent? In all honesty, the three homes we have made offers on are all homes I found on my own. Not one of them was one she picked out or chose to show, they were all ones we asked to look at/ asked her to put an offer in on. I think to this day she's only shown us one or two that she picked out on her own for us.

    Yes! I kind of thought of the best way for me to explain my "dream house" feelings. I think the thought this whole time was that in our budget we weren't really looking for a "dream house," we were just looking for a nice, safe, comfortable house. So all the other houses we've looked at fit that bill, they were perfect for our needs. So then this last one came along that just really seemed like it should have cost way out of our budget. Even now, I've gone online and looked at homes that same price and they don't even compare. Obviously, others thought the same way. When the seller's agent wrote to our Realtor to tell us they went with the other offer they told her they received something like 10 offers through the open house over the weekend and then a bunch more on Monday, the day the sellers were making their decision. Gosh, what a deal someone got though.

  • judianna20
    8 months ago
    last modified: 8 months ago

    So, what was your offer (outside of the price)? What contingencies did you include?

    Assuming your realtor advised you to have at least one contingency of a good home inspection, seller's "head's up" isn't out of line. He wants you to know that should an issue be found, there will be no point in your negotiating to have him fix it. He isn't obligated to fix anything.

    This is the time you could walk away.

    If your offer included a contingency for financing, then he wants to leave the door open for other offers. That's fair. He's not going to take the house off the market and lose out on other/better offers. What if you can't come up with the money?

    As for the house not appraising for what he wants....that will be his huge problem. Because a lender won't give a borrower more money to buy an over priced home unless you came up with a much larger down payment to satisfy the lender. (Doing something like that is what broke many banks in the 80's.)

    How many buyers out there would do that? Your seller would be stuck with his house, then the market will drop (as it always does) and he will be sitting in his over priced home and no money in his pocket. Foolish.

    Remember an offer is just an offer. It is not a commitment. Until you both sign the P & S, nothing is set in stone.

    fleurssauvages thanked judianna20
  • judianna20
    8 months ago

    You do know that a bank "pre approval" is only good for 90 days?

    fleurssauvages thanked judianna20
  • maifleur03
    8 months ago

    If the house seems to be underpriced be very wary because there may be a reason.

    fleurssauvages thanked maifleur03
  • fleurssauvages
    Original Author
    8 months ago
    last modified: 8 months ago

    It's not underpriced. We asked the agent before we made our offer to check the estimate because we didn't want to be in the same situation as last time (making an offer and then it appraising for less) and she said she crunched the numbers and it was basically the exact asking price. I think the problem is everything else in the area is soooo overpriced, I guess because it's a seller's market.


    Actually, you know, I can't say for sure the others are overpriced, but it just seems to me like other places not nearly as large, nice, new, etc., are selling for the same prices, places that need so many more repairs right out the gate, are in such older condition, but are selling for the same amount...and selling in, like, one day. So that's my guess is the prices around here have just skyrocketed, but I'm no expert.

  • wiscokid
    8 months ago

    Prices have skyrocketed pretty much everywhere...

    fleurssauvages thanked wiscokid
  • tete_a_tete
    8 months ago
    last modified: 8 months ago

    'Gosh, what a deal someone got though.'

    Yes but, you don't know what they offered. Might have been 10-20K over asking price.

    : )

  • markandmegan
    8 months ago

    If you are not finding much there Expand your search area. My niece wanted a house in a certain, heavily populated and developed area. Bidding war ensued on a nice house and they had to bid/pay $18,000.00 over asking price to get it with a “heartfelt” letter to owners how honored she and hubby would be to get it. I live 28 miles south of her in small rural town in exact same age, size, style house and mine would go for $135,000 less. Do I have to drive farther for Target or fancy grocery store for unique ingredients? yep! But our monthly payment doesn’t scare me if something happens to one of us. A “dream” home should include a description of affordability. Yes another house will come along.

  • homechef59
    8 months ago

    I've bought and sold a lot of houses. I've appraised even more.


    I'm not getting a warm and fuzzy regarding your buyer's agent. There seems to be a real lack of attention to detail, poor communication and no motivation.


    Understand that there a zillion really good agents out there. Why don't you find another agent? You are a serious buyer. You are the client, not a burden. Squeaky wheel gets grease.


    Get on the phone. Ask when you letter was delivered? Be bold, demand some service. If she admits she hasn't forwarded the letter, tell her that you want her signed release from the buyer's contract within the hour. Follow up with an email confirming the conversation. If you don't get it within the hour, call her broker and demand a release.


    Find yourself another agent.

  • bossbunny
    8 months ago

    Another thing to consider is that a second appraisal by a different person could have made the difference and appraised for more...it has happened!! If you know the area and are aware of some that have closed since the first appraisal, make sure they use them, as maybe the prices have increased since. Also, unfortunately there are many snakey agents just like attorneys, so I'd agree with the prior response and find another agent. Good luck!

  • kori Iana
    7 months ago

    I want to rent out my father's house for a while now as he has bought a new one and it is proving very difficult to sort it all out.

  • raee_gw zone 5b-6a Ohio
    7 months ago

    kori lana, if you have a specific question for the forum, or want some advice, you should make your own post. This one is old and doesn't seem to have anything to do with your comment.

  • Emma Kolli
    7 months ago
    last modified: 6 months ago

    Dude, I know how to help you! In fact, the contract usually helps to resolve differences between the owner and the customers. But if we can't do it, then you can turn to the prorated rent calculator and really get to solve the problem. It is worth evaluating the house objectively and coming to a common decision. I don't think you're the only ones in this situation. I am very concerned that people are acting so carelessly and irresponsibly. When I rented out the house, I decided that in no case would I create unnecessary problems for people. It is always better to communicate on a friendly wave and know that your home is safe! I hope that you were able to safely solve this breakdown!

  • maifleur03
    7 months ago

    Emma Kolli while they maybe a bit connected people look for new posts rather than one that has been reopened because so many of the reopened posts are done so by spammers. They post a something either with a link to whatever they are selling or come back and add a link later. If someone wants information now it is better to start a new thread.

  • lyfia
    7 months ago

    @Emma Kolli - Often people just respond to the original post so any questions buried in the responses often gets little attention so therefore if the poster wants an answer that applies to them then it is often best to start their own post.

  • Emma Kolli
    7 months ago

    Some people just come across similar situations in the search, I don't think it's a big problem.


  • lyfia
    7 months ago

    @Emma Kolli it's not an issue for me either and I'm sure the other responses can be helpful, but I think others were trying to point out that if they wanted more responses they might be better served with a new post. I think people say that based on past experiences as not many have responded to the post made as it relates to the topic. However generally new posts tends to get many more responses.