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Updated 8 days ago,

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Joshua Cole
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Was I mislead in a deal involving cross colateralization?

Joshua Cole
Posted

Hello,

I recently had a deal fall through that I need some advice on.  

A property that I own was on the market.  An offer was received that I accepted.  On the initial agreement, it clearly stated that the buyer was going to be using financing and listed the terms of their financing.  $2500 deposit is put down.  So far so good.  

The close date comes and passes without notice despite me reaching out.  They finally get back to me after the close date to say they need more time because they are try to cross collateralize their other properties to make this deal happen and the bank they were using doesn't do this kind of loan.  They switch banks and ask for an extension and add another $2500 deposit as a show of good faith. 

We get to the new close date and it comes and goes with no outreach.  They finally reach out to say that the bank needs more time to work on this loan and work through the paperwork.

Finally, we get to the third close date.  This time I am reaching out a week before to try and get some clarity before close date.  The buyer finally reaches out to say that the bank is having a hard time seasoning a couple of the homes in their portfolio.  It's impossible for them to hit the third close date and it's not likely they could hit any close date so they back out.

I am feeling as if I was mislead.  No where was it stated that this deal was contingent on cross collateralization.  I have missed out on rent from an empty unit.  I guess the whole point of this is, how should I feel?


1. Deals fall through and this sucks, but move on.

2. I was mislead and should seek mediation to recover some or all of the earnest/hand/deposit money?


Hoping that someone could provide some guidance on this so I can decide how to proceed?

Thanks

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