PeggyC said:
I'm curious about something... considering that an offer is not binding, why do they still make buyers sign a contract when they are bidding on a house? If the sellers respond by signing the same contract, how is that not binding? I find that part very confusing.
bmpsab said:
Having been both a buyer and a seller, I believe the real estate laws are slanted dramatically in favor of the buyer who seems to be able to back away almost at any point. When we were selling we made it through the inspection with a relatively clean report. The sellers at that point changed their mind about the house. We said we would fix every tiny thing in the report and they still said nothing would make them buy it. We were told by our lawyer at that point that we could sue them, but it would be a long and expensive process. And we couldn't put the house back on the market in the meantime if we were reprsenting it was already being sold to them. So, we held onto their deposit for awhile, but eventually had to either sue them or release it. Very very frustrating. I've also been on the other side losing multiple bid after multiple bid. And, of course, either side can also walk away for any reason whatsoever until you are out of attorney review. I would say feel free to put in bids on more than one house, but don't undertake attorney review unless its the house you plan on going forward with.
bmpsab said:
Having been both a buyer and a seller, I believe the real estate laws are slanted dramatically in favor of the buyer who seems to be able to back away almost at any point. When we were selling we made it through the inspection with a relatively clean report. The sellers at that point changed their mind about the house. We said we would fix every tiny thing in the report and they still said nothing would make them buy it. We were told by our lawyer at that point that we could sue them, but it would be a long and expensive process. And we couldn't put the house back on the market in the meantime if we were reprsenting it was already being sold to them. So, we held onto their deposit for awhile, but eventually had to either sue them or release it. Very very frustrating. I've also been on the other side losing multiple bid after multiple bid. And, of course, either side can also walk away for any reason whatsoever until you are out of attorney review. I would say feel free to put in bids on more than one house, but don't undertake attorney review unless its the house you plan on going forward with.
terminator3 said:
pretty much as soon as it goes to an attorney, the contract is disapproved as the attorneys will always add something to the standard realtors contract
LOST said:
Once attorney review is completed, assuming both parties agree to the modifications of the original Contract there is a firm Contract. However there are contingencies. The Buyers have a right to an inspection and if it turns up some condition that is not acceptable and the Sellers can't or won't correct it the Buyers can cancel. It's advantageous to the Sellers to keep this on a short and strict schedule.
Most of the time there is a mortgage contingency. If the Buyers can't get a loan they can cancel. There ought to be strict time frames for this as well. At the outset the Realtors ought to advise the Seller if they anticipate any problems regarding the Buyers' ability to get approved for a mortgage loan.
campbell29 said:
Some buyers will also dick around with you for 6 months after agreeing to price and inspection issues in the hopes that they will find something better. They will say, if you do this, we will close by this date. Then it will be another "if you do that, we will close by a certain date". Then it will be "we changed the mortgage, now we need this" Then the day before you are supposed to close they will make up a complete bull***** story they lost their job, even though the day before their employment has been verified, and 3 months later they are still on linked in and on the company phone directory. If you then say you will not refund their deposit, the buyer and their realtor will get another realtor in their office to make another contract with different buyer who has no intention of honoring the contract so the original can be voided and their buyer can get his 20% back. The seller gets nothing but 6 months of aggravation, 6 additional months of mortgage payments and property taxes and endless jumping through hoops.
At any time, from the time the contract was signed, in May, until mid December whe it was supposed to close (original closing date was early July) the buyer could have walked away and said he changed his mind. Instead, he and his realtor played me until mid Dec. real estate contracts are worth less than the paper they are printed on. As a seller, if anything sets of a bad feeling, just shut it down.
Three lessons here.
1). I had the most incompetent attorney ever, so it's really important to have a good one.
2). Even though a buyer might have an approval and mortgage approval, if you get the impression they are stalling for time shut the deal down. You still might not be able to sell your house as quickly, but at least you know you have to keep paying for it and aren't thinking if you just do x,y,z the sale will close.
3). Buyers realtors will lie to you about their clients interest/ ability to close if they know their client is still shopping around. You will never know.
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