How to handle seller issues

How to handle seller issues

Bill S.Pro Member
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Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes

So I have a deal under contract. We just got title back and the property has a lien against it for about 10% of the value of the deal. So the seller, of course, has a number that they want to take away from the deal (negotiated the price based on that number). I'm not sure what he wants to do with the money but that number is important. Now that number is at least 10% lower. The seller is an unsophisticated chicken mcnugget. They do not have not fax or email. They will get the title report in the mail and probably won't read it or if they do they won't understand it. They won't likely figure it out until we are sitting at the closing table and the check is "too small". 

A little more background. The seller has to vacate the property prior to closing so at closing all his stuff would have been moved. The seller is not terribly motivated. He is selling because I was able to get him his number. I know the property was under contract a couple of times with wholesalers and they backed out because they couldn't move the deal and he wouldn't come down on his price.

So my question is how would you handle this? Tell him now and run the risk of him backing out because he forgot about the judgement or wait until the closing table assuming that he knows about the judgement and the figure was considered with his "number". Or something else??

Thanks.

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  • West Des Moines, IA · Member since 2015 · 100 posts · 36 votes
    10y

    Hey, Bill. My approach would be to contact him in person and let him know about the surprise lien, and that it has to come out of his end, or you'll split it, or whatever works for you the buyer.

    He may know about it, or may not. He may be thinking he's pulling a fast one on you. It's tempting to let him move all his stuff out, and then spring it on him as a done deal at closing, but that wouldn't seem ethical, to me, and is not how I'd operate. I only mention it because you included that fact.

    Give him the facts of life, let him know what you'll do, and move on to the next deal. Maybe you'll be surprised, maybe not.

  • Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
    10y

    Better to sort it out now than the closing table. If you wait until the day of closing he will think you're trying to rip him off. Hopefully there's something in your contract that clarifies who is responsible for liens. It should be the seller. 

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    10y

    Is it written in your contract that you need to receive clean title?

    Also, communicate through with him through his lawyer or agent if you can. The fact that he doesn't have means to communicate isn't your problem. 

  • Bill S.Pro Member
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    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    10y

    @Michael Noto the comment about fax and internet was just to be more descriptive about the nature of the person, not lament the difficulty of communicating.

    Thanks for the feed back everyone. I'll be making a visit to him.

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