Another Deal Bites The Dust

Another Deal Bites The Dust

Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes

Today I had to walk away from a flip deal I am selling after 55 days under contract. I was in deep and it was a tough call to make. I wanted to put up the story on BP to other investors and see what they think.

The story is that the prospective buyer presented a 30 day close. On day 53 I followed up on the loan with the lender who told me the file was submitted on 11-20-15 . Then followed up with the buyer's broker who told me the lender said the file was resubmitted on 11-25-15. I emailed the lender asking for clarification and never heard back from him.

At day 54 I contacted the lender's manager to check out the file and told the buyer's broker that I can't continue giving extensions. In the afternoon on day 54 I am told the loan was denied but that they can switch the loan from conventional to FHA. I get the details from the lender and relay everything to my lender for feedback. My lender tells me something isn't adding up and it appears they are scrambling to save a dead deal.

I talk to the lender and lending manager on day 55 and they tell me something different this time that actually makes sense. The mortgage broker and buyer's broker are telling me how confident they are that the deal will close (100% they say). I agree to extend only if the buyer provides additional earnest money and agrees that all earnest money is non-refundable. The buyers are willing to do it initially and change their minds after speaking with their attorney.

The buyer's broker tells me the attorney advised the buyer that my request is unreasonable. She tells me repeatedly how wrong I am to assume it's reasonable for the buyer's to risk their earnest money. She tells me that I am just cancelling the deal so I can sell it for more money now. I tell her that if its a 100% chance of closing like she says then they aren't risking anything and that if they won't put up the earnest money they don't believe it is a 100% chance of closing.

What do you think?

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Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
10y

You did the right thing If the buyer will not commit additional funds you have no assurances. 55 days is way too long 

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  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    10y

    @Bill S., is their original earnest money refundable if you don't agree to extend? (If so, why)? If not, then perhaps you could agree to extend, because at the very least, you WILL get to keep their earnest money?...

  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    10y

    Can you sell it for more money? What are you holding costs to see this deal through? Remember current costs are sunk costs? What does your gut tell you?

    Personally if I thought I could walk away and find another buyer ASAP I would do so. If I thought that it would take awhile than I wouldn't. The key for me, is what am I losing. Am I losing potential buyers, or is this the slow season with a great price that I might as well ride it out and see what happens.

    In the end it all depends on YOUR goals!

  • Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes
    10y

    @Brent CoombsThe original earnest money deposit is non refundable in Illinois only when all contingencies have been cleared including financing. You could write the initial contract to state earnest money is not refundable but it would be difficult to find a buyer willing to accept these terms as they are not standard for the market here.

    I offered to extend the contract only if the buyer makes an additional non-refundable earnest money deposit and converts their original earnest money deposit to be non-refundable as well. The buyer was not willing to accept these terms so if the loan doesn't go through I would not get any earnest money. They are saying they are sure the deal will go through but not willing to risk their money that it will.

  • Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes
    10y

    @Elizabeth ColegroveThere was a recent comparable that would support a higher sale price but at this time of year it is difficult to sell real estate here. It is really hard to say if I can sell it for more given these off setting factors and I'd prefer to sell it faster than then for more money anyway. The opportunity cost is my biggest concern as I need the proceeds to be reinvested. I don't want to waste another 2-3 weeks on a loan I don't believe will close. 

    There is no debt service for this property but still have to pay insurance, taxes, etc.. I am not sure what you mean by current costs are sunk costs? My gut tells me that the loan will not close. There are a few red flags that give me this feeling and if it doesn't close I lost 2-3 weeks of being able to market the property.

    Do you think I am being unreasonable for proceeding only with non-refundable earnest money when they request to change the loan 55 days after contract?

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    10y

    @Bill S., aah, that's why so many Sellers DO say "Cash-only Buyers", to avoid this very situation. As I now see it, the upper hand is being held by the person who stands to lose the least by cancelling now, which in turn is largely determined by how good that price  (or higher?) is to any other Buyer you can find.

    From what you wrote, they SEEM to still want the deal, so the ball is very much in your court. All the best...

  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    10y

    You did the right thing If the buyer will not commit additional funds you have no assurances. 55 days is way too long 

  • David ShortPro Member
    Flipper/Rehabber · Fishers, IN · Member since 2014 · 71 posts · 47 votes
    10y
    Put the house back on market for a back up offer. Tell your current purchaser that you will extend current contract when they feel they can make the earnest money non- refundable in less you get an acceptable backup you feel will close on a timely basis. 60 days is too long something is fishy
  • Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes
    10y

    @Brent CoombsThanks for your input. I couldn't agree with you more when you say the person who has the least to lose has the upper hand. The buyer's broker was telling me all these reasons why it would be costly for me to not extend. To keep the upper hand in the negotiation I replied with information that the comps have improved and I believe I could possibly sell it for more money if I wanted too. In return during the final conversation the buyer's broker told me the only reason I won't extend is because I want to go and sell it to someone else for more money.....but I really just want it sold.

  • Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes
    10y

    @Account ClosedThanks for taking the time to read the story and respond. Its tough to walk away after all that time and effort but you have reassured me of my decision

  • Investor · Kansas City, MO · Member since 2013 · 465 posts · 170 votes
    10y

    They wouldn't happen to be working with USAA for their mortgage would they?

  • Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes
    10y

    @David ShortI wanted to relist the home as "Active" on the MLS and have the buyer sign a kick-out clause stating I have the right to cancel the contract to pursue another offer if they can't get commitment within 48 hours of the written notice I provide. The problem was that my local MLS doesn't allow you to change the status to "Active" if the property has a contract the status must be "A/I". In my area when properties show in the MLS as "A/I" it is very rare for anyone to pursue the property. Is there another way of doing this?

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    10y

    Hi @Bill S.,

    Sorry to hear of your situation. I do not think you are being unreasonable at all. They put 30 days in the contract (or at least signed it). They made an agreement they could not keep. It would not even be unreasonable if you did make the decision to stop the deal and look for more money just because that is what you wanted to do (Which it doesn't sound like you are). Taking a couple extra days is one thing, doubling the time is another. One of the factors you choose their offer was the time listed and they have failed to deliver. You made an offer for non refundable extra EMD. If you want to throw them a bone you could offer just their current EMD is non refundable (Getting extra may mess with current financing and the bank seeing what is available etc). But without them doing something like that they have nothing at all on the table and can walk away leaving you holding.

    Good Luck

  • Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes
    10y

    @Andy RobisonNo it is not USAA. It was a Mortgage Brokerage firm handling the loan. The loan they were using was a local government product we have in Illinois that provides additional benefits to qualified buyers. I assume by your question that you are experiencing something similar to my story, if so I feel your pain and I am happy to provide any information about my experience that may help you. Hopefully my assumption is wrong. Best of luck.

  • Investor · Chicago, IL · Member since 2012 · 39 posts · 5 votes
    10y

    @Mike CumbieThanks for the reassurance.

    I considered asking for only the additional earnest money deposit to be non-refundable but decided I wasn't willing to make anymore concessions after this long. I was told they thought it was too much risk because even the slightest glitch could cause them to miss their commitment/closing deadlines and lose their earnest money. If they lost their earnest money they wouldn't be able to purchase another home. i told them that by not putting up the money just proves to me that they don't believe they can meet their obligations. They responded that if there is a small glitch it won't affect me much but will impact them in a big way. This may be true but I don't see how its fair for me to accept additional delays because it impacts me less.

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