Help me save this deal! Seller making outlandish demands

[Adrianne G.]

Agents, experienced folks & Psych majors, help me out! Looking for ideas! Oregon.

We are under contract. Our current closing date is in 8 days. The seller has been extremely difficult to communicate with (according to their agent). We have offered to extend closing & release a portion of the earnest money to make the agreed upon repairs since that was a request of the seller previously.

We originally wrote a contingency to allow us to go through initial steps to obtain a short term rental permit in Bend, OR. The seller agreed originally but has become unresponsive/uncooperative. We have allowed that contingency to expire, and are progressing as was originally agreed to in the purchase contract. However the agent cannot confirm with their seller how they want to proceed.

Latest communication from seller (via email to agent; fwd’d to us):

FWD:

Ok...here is what I have come up with.

I will extend for the 14 days they need for the sign to be posted.

*I would like the Ernest money handed over to me non-refundable.

*they will need to pay my February house payment non refundable and not taken off the price of the house.

*at the date of the approval or signing, I will have 45 days to be out of the house.

*if the sale doesn’t go through they do not get Ernest money back.

If this keeps extending and more time is needed they will need to continue to pay the house payment.

I am not going to accept a counter to this. I understand that they are going through a process right now however I am losing money and time on getting things done and re-listing in the event that this doesn’t go through as well as not being able to 1. Put a down payment on anything or 2. Find somewhere to rent.

Let me know if you have any questions.

[Bill B.]

The only one I would object to is the 45 day use fo the property. What’s the plan if the seller won’t move after 45 days? They also should be paying rent for those 45 days, probably more than the payment. I assume this is an investment only property (so you won’t have to swear to the lender you will live there within 60 days.)

Personally I would just ignore all these addendums and go with the original deal. You have to get the rental permit while you own it, they have to be out 45 days sooner and miss out in-house payments being made for them. 

I don’t see any deal killers. They’ve already agreed to the original deal, there’s no additional step to keep the deal you already had. Every time someone counters they kill the previous counter.  So neither you or the seller is required to perform your addendum, but assuming you don’t sign this addendum you aren’t required to submit to it either. 

Just tell seller’s agent you don’t agree to this addendum and are proceeding with the agreed upon deal and the seller should be out by the original closing date. Take the 15 day permit time to take good pictures after you clean the property. You could check with the city and see if you are allowed to advertise pre-approval if you note in the advertisement “pending rental permit approval.”