24 hours to close seller wants to walk...

24 hours to close seller wants to walk...

Real Estate Agent · Philadelphia, PA · Member since 2017 · 184 posts · 87 votes

After over a month of waiting for appraisals, environmental assessments, inspections by city, etc we are two days from closing on a 6-unit building about an hour and a half outside Philadelphia.

While reviewing the HUD I noticed the seller assist is missing so I follow up on our group thread - my agent, seller, seller agent, title closing agent and my lender. Next thing you know the seller responds that they don't recall any discussion of seller assist and will be talking to their agent. Fast forward to the next morning when the seller responds that the text on the PSA was not centered (dotloop left-justifies all the text) and the font was too small so it was never identified by seller or agent. And therefore the seller is unable to come to settlement. This is a PSA that's been around since late March!

What?! How could he do that you might be asking. Well, when I signed the PSA it was in my personal name but the financing (6-unit) is in a new LLC. We all agreed weeks prior to just terminate the contract at closing (to avoid any potential PA transfer tax implications for substituting my LLC) and sign a new one in the name of my LLC. Guess who was refusing to do that & putting me in a tough spot. Bail on the 6% assist with my tail between my legs? No no no.

The next few hours were countless phone calls to title, lender, insurance agent & real estate agent to find out how/if I could flip financing, insurance and title insurance to my personal name to be able to close under the existing PSA. I always thought the talk of having a ‘team’ was a bit over-the-top but during those few hours a lot of people dropped everything to work out how to accomplish this for me.

In the end I had enough green lights to have my agent make two offers back...

- buyer closes under his personal name with 6% assist or we’ll take legal action 

- buyer & seller amend contract in next 30 minutes to 3% assist & substitute LLC

— Oh and it’s not our job nor responsibility to read the agreement to you. Especially when you had amended literally the line below on closing date & initialed just off from the assist %.

The seller chose option 2 and we closed today! In the end we all left as friends. The seller & I exchanged numbers to stay in touch after having a great chat awaiting the mountain of paperwork. Craziest day in a long long while.

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Coppell, TX · Member since 2015 · 485 posts · 310 votes
8y

Wow, must have been stressful!  Good job holding your ground!

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  • Coppell, TX · Member since 2015 · 485 posts · 310 votes
    8y

    Wow, must have been stressful!  Good job holding your ground!

  • Real Estate Agent · Philadelphia, PA · Member since 2017 · 184 posts · 87 votes
    8y
    Ha! It was a wild ride. Until that point the seller had seemed super reasonable. If he & I had talked directly the morning it all fell apart then I think we could have just struck the same agreement. Minus driving everyone crazy for a few hours.
  • HVAC Tech · Fort Wayne, IN · Member since 2015 · 423 posts · 223 votes
    8y
    Congrats on the purchase.
  • Investor · Taylor Mill, KY · Member since 2016 · 2k+ posts · 964 votes
    8y

    @Dennis Wasilewski That's a long day, congrats on the purchase!

  • Real Estate Agent · Philadelphia, PA · Member since 2017 · 184 posts · 87 votes
    8y

    Thanks all!

  • Real Estate Agent · Philadelphia, PA · Member since 2013 · 451 posts · 369 votes
    8y

    So I'm clear on the details, when everyone "agreed" originally that you would switch the financing from you personally to your LLC, was the agreement a signed document, or was that just a verbal/email chain agreement?

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    8y

    @Dennis Wasilewski

    Sometimes you have to brute force it. :)

    Congrats!

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

  • Real Estate Agent · Philadelphia, PA · Member since 2017 · 184 posts · 87 votes
    8y
    Originally posted by @Gregory H.:

    So I'm clear on the details, when everyone "agreed" originally that you would switch the financing from you personally to your LLC, was the agreement a signed document, or was that just a verbal/email chain agreement?

    In lieu of doing a novation, we all had a verbal/email agreement to terminate & re-sign. 

    I hadn’t considered an actual agreement to cover terminating & resigning but after this I certainly would in the future. 

    Of course none of us realized the seller wasn’t familiar with the actual terms we had originally signed on. 

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