Techniques: Getting the bank to accept your offer

Techniques: Getting the bank to accept your offer

Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote

I'm sure there are a few posts for this floating around, but I wanted to bring it up again and open up some ideas.

How do YOU get the banks to accept your offer, either short sale or REO?

My first (and only, to date) investment property was a 4 year-old house owned by the bank. I jumped at the opportunity to own a near-new house as a rental in an up and coming neighborhood. The list price was $119,000. I offered $101,000, and eventually accepted an offer for $107,100. The house was worth approximately $155,000, not too bad for my first time.

I did this all wrong. Knowing what I know now, I would have done some things different. As soon as you walked in this house, there were some obvious problems with the house, MOLD being the first one. I feel if I had taken pictures (lots of them), and had a mold inspection done on the spot with proof that the home had mold, and submitted all of that evidence to the bank with an offer of say $85,000, I just might have gotten it, or gotten a good counter offer way south of my actual accepted offer.

What do YOU do? Test for mold? Test for lead paint? Get several contractor estimates to fix it up, and submit the HIGHEST one, knowing it won't actually cost that much? What are the pros doing to consistently get the bank to become very, very motivated and accept an offer much lower than their asking price?

Chime in!

Adam

1Reply
94 views

Most Popular Reply

J ScottPro Member
Moderator
Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
15y
Originally posted by Alex K.:
A question for J. Scott:

An offer with no inspection contingency means you have either spent a lot of time inspecting the property yourself or you are taking a big risk. If you spent a lot of time, that will add up to a big waste of time with a lot of unaccepted offers. If you don't take the time to inspect each property in the pre-offer stage, you could get stuck with major hidden problems. How do you avoid the risk and/or time wasting?

First and foremost, remember that you always have a day or two (or potentially many more if the listing agent is slow) between the time you get verbal acceptance and the time you have to sign the addendum and turn in your earnest money. You can always use that time to do more detailed inspections and if you find something you don't like, you can back out.

Not a good practice to back out of deals after they've been accepted with no contingencies, but if you use this option very sparingly, it gives you a big advantage.

That said, you still need to be able to do basic inspections and ballpark repairs costs.

A few things that help me:

- Most of my rehabs tend to be at-least full cosmetic, so I'm replacing all flooring, all light fixtures, all plumbing fixtures, all appliances, cabinets, etc. Therefore, I don't much care about whether these things are working or not. I know that for a typical property I do, a full interior cosmetic rehab runs about $15K, so I budget that -- if it turns out I can save some stuff in the house, I save some money, but I don't expect it.

- In terms of rough electrical, plumbing and HVAC, I tend to use some general rules of thumb with respect to age and building materials:

o For electrical, all my houses are less than 30 years old, so unless I see evidence of major electric issues, I assume there are none (and there never have been).

o For plumbing, assuming the plumbing pipes are not made from a substandard material (like Polybutylene) and assuming I don't see anything that indicates a major plumbing issue, I assume there are none. If there is Poly, I will budget to replace it, regardless of whether there appears to be an existing issue. And as for finding surprises with plumbing, this is going to happen sometimes. In fact, in the past 3 houses I've done, there were burst pipes that I didn't know about. But, even if you have to run a whole new main line or repair a major burst pipe, you're probably not looking at more than $1000, so it's really not too big of an issue (especially since I always assume an extra couple thousand to be conservative.

o For HVAC, if the unit appears to be older than 15 years, I assume it needs to be replaced. If the condenser is gone, I assume the system needs to be replaced (since it can be tough to match coils from existing systems). If the condenser is there, looks clean, the furnace appears clean, and there are no obvious leaks from the furnace, I will assume a couple hundred dollars to clean and maintain the system. This is one of the bigger risk areas if you don't have an inspection, as a new HVAC system can run $3-4K. Worst case I'll bring in my HVAC guy to take a look *AFTER* the contract is accepted but before I sign it.

- For roofs, I've gotten pretty good at telling if they need to be replaced, and if it appears to be older than 15 years, I budget for it. If it turns out the roof can be saved, I just added to my profit.

- Obviously, structural issues are concerning, as they can be expensive. I've gotten good at identifying potential structural issues (cracks in foundation/sheetrock, doors that don't close, bowed walls, etc), and if I see a potential structural issue, I won't put in an offer without a due diligence period to get my engineer out.

Based on all that above, it's hard to get into too much trouble, assuming you are reasonably adept at estimating, can identify potential big issues (structural, specifically) and are conservative in your estimates.

The worst thing that will happen is that being conservative will tend to drive your offer price down, and you'll miss out on some deals that you might have offered more on had you gotten more inspections.

That said, I think the tradeoff is worth it. I can inspect and estimate a rehab in about 10 minutes these days, and am comfortable enough that I'll put in an offer with no contingencies just based on that.

But again, being conservative is key.

See this reply in the discussion

33 Replies

Jump to latestLatest
  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    15y

    For REOs, I prefer to just make clean offers with few/no contingencies. Offer cash with large earnest money deposit, no inspection contingency, no financing contingency and quick close.

    That will get you further than inspection reports and pictures...the asset manager already knows as much as he wants to know about the property.

    For Short Sales, the pictures and inspection reports may be a bit more helpful...

  • Chris ClothierBusiness Member
    Rental Property Investor · memphis, TN · Member since 2009 · 2k+ posts · 3k+ votes
    15y

    I agree with J Scott and would add that you can make the earnest deposit non refundable if you know you want the property for sure. We find that higher earnest money deposits and making them non-refundable gets you to the front of the line before price even becomes a consideration. Making a cash offer with no contingencies should get the deal done.

    We find that this strategy can get a lower offer accepted because as a whole it is a superior offer to a higher price with contingencies.

    Good Luck - Chris

  • Real Estate Investor · Westminster, CO · Member since 2009 · 38 posts · 2 votes
    15y

    Is it really a necessity to offer any earnest money if you are dealing directly with the bank? Who would hold the earnest money if there is no Realtor involved?

  • Real Estate Investor · Westminster, CO · Member since 2009 · 38 posts · 2 votes
    15y

    Also why does a Realtor refuse to accept a low offer? Arent they legally supposed to offer every offer that comes across to the bank especially when it is a pre-foreclosure?? Shouldnt the bank decide what they will and wont accept??

  • Chris ClothierBusiness Member
    Rental Property Investor · memphis, TN · Member since 2009 · 2k+ posts · 3k+ votes
    15y

    April -

    In today's investment environment, with most REO's, the agent is going to require that you put down earnest money because it is their first line of defense to separate the serious from the dreamer. They want you to prove on the front end that you are putting your money where your mouth is. Is it possible to make offers with $0 in earnest - YES. Will is move you to the front of the stack of offers or earn you respect with agent - NO.

    Ours is held in escrow with our closing attorney and in very limited instances, the listing agent wants it held at their attorney. Also, there are very few banks handling their own REO's outside of the small, local community banks.

    As far as agents, it is their fiduciary responsibility to present all offers, but that doesn't mean they will. Often, they have prepared a BPO and occasionally a high BPO to ensure they get the listing and following that BPO with a low-ball offer can embarrass the agent so they may not want to present it. They know the likelihood of an investor actually being able to get their contact at the bank to complain is miniscule at best.

  • Real Estate Investor · Westminster, CO · Member since 2009 · 38 posts · 2 votes
    15y

    Thanks Chris. In this instance it is listed and the price has been dropped- again. There have been no offers except this one. This realtor wont get any commission if there are no other offers in the next 2 weeks when the banks will foreclose. Its not my offer, its someone who is trying to get on their feet again in this market. They are having problems with this realtor that wont take an offer

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    15y
    Originally posted by April G:
    They are having problems with this realtor that wont take an offer

    What do you mean when you say they "won't take an offer?"

    Do you submit it and they send you an email saying, "I'm not giving this to my seller?" Or do they call you and tell you that? Or do they just not respond.

    If you know for certain that they aren't submitting the offer (and especially if you have proof, like an email), I would go to your state's Real Estate Commission and file a complaint. Because yes, according to all state agency laws I'm familiar with, an agent must present all *written* offers to their client.

  • Real Estate Investor · Westminster, CO · Member since 2009 · 38 posts · 2 votes
    15y

    Its not in writing, they are just being told that the bank wont accept such a lowball offer. It is low, but its probably approximately 55% of what is owed. The price is now lowered to what the owner owes the bank. Low, but house needs lots of work too. It will cost a lot to upgrade everything.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y

    I would think the listing agent is submitting the offer, but the bank is simply refusing it.

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    15y
    Originally posted by April G:
    Its not in writing...

    In my state, at least, an agent is only required to submit an offer to the seller if the offer is in writing.

    Put it in writing, and you should be able to get it in front of the seller. Doesn't mean you'll get it in front of the bank (if it's a short sale), but you will get it in front of the seller for consideration.

  • Chris ClothierBusiness Member
    Rental Property Investor · memphis, TN · Member since 2009 · 2k+ posts · 3k+ votes
    15y

    These are good points. You won't know if it's being presented or not, but your premise that they will lose the listing if it does not sell is correct. That is imply a chance some agents take to prevent from having to accept offers at half of what they listed it for. That, in some agents eyes, makes them look bad which is worse than not getting offers.

    I don;t personally buy that and I think it shows a 'scarcity' mentality but that is what happens at times.

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    There is a notbale large difference between REO and short sales, so with that in mind, offers (and justifications for offers) vary between them.

    As for the main points, both REO and short pays, your BEST chnace of success is a high EMD, all cash offer, no contingencies, and quick close. In addition, many banks these days have become aware of investor wholesalers and strategies to get around the no assignment clauses. As such, when I make an offer now on a deal I plan to take down to rehab and flip (rather than wholesale) I also put in my offer that I am willing to accept a 30 day deed restriction and I include a corportae letter of intent which states what I intend to do with the property (which is buy it, vest it in my company name, I explain the history of my company, and that I will rehabilitate the home, and then sell for a profit. This gives the bank the comfort to know I am the actual buyer and no creative flips are taking place. I have found that some banks have even been requesting such things lately so I know just make it my standard offer and that is just one more positive that seperates me from the rest of the competition.

    As for justifications for offers (low offers), more often than not, the listing agent has provided the asset manager the key factors and elements of the home to support their suggested list price (BPO) so for you to reiterate this will likely not help anything. For short sales, I believe it is imperative that such justifications are made and backed up with as much evidence as possible (photos, bids for remediation/repairs/replacements/etc.) and of course the hardship letter.

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    Two other things I forgot to mention regarding best ways to get your offer accepted: 1. Your POF (proof of funds). This should be a bank statement in the name of the buyer with more than enough liquid funds to close the deal and complete the rehab. If your offer is $200k and the rehab is $30k, you should show a POF of $250k or more (and the more, the better) When banks see you have more than enough funds, it shows the buyer's strength and ability to perform over another POF that is not in the same name as the vested offer, or barely enough funds, or some proof of funds letter from a lender or transactional funder. real bank statements are important.

    2. Packaging your offer: If you are vesting the offer in teh name of your entity (which I recommend), include a the offer, the disclosures, your POF, your EMD check (with the same name and account number as the POF), and the articles of incorporation. Having all this together and submitted in one PDF shows you have done this before and that you were complete in providing your offer. Just as with Chefs, presentation is also important.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y

    Will, GREAT information! For someone just starting out, it's very helpful!

  • Wholesaler · Orange County, CA · Member since 2011 · 42 posts · 0 votes
    15y
    Originally posted by Will Barnard:
    There is a notbale large difference between REO and short sales, so with that in mind, offers (and justifications for offers) vary between them.

    As for the main points, both REO and short pays, your BEST chnace of success is a high EMD, all cash offer, no contingencies, and quick close. In addition, many banks these days have become aware of investor wholesalers and strategies to get around the no assignment clauses. As such, when I make an offer now on a deal I plan to take down to rehab and flip (rather than wholesale) I also put in my offer that I am willing to accept a 30 day deed restriction and I include a corportae letter of intent which states what I intend to do with the property (which is buy it, vest it in my company name, I explain the history of my company, and that I will rehabilitate the home, and then sell for a profit. This gives the bank the comfort to know I am the actual buyer and no creative flips are taking place. I have found that some banks have even been requesting such things lately so I know just make it my standard offer and that is just one more positive that seperates me from the rest of the competition.

    As for justifications for offers (low offers), more often than not, the listing agent has provided the asset manager the key factors and elements of the home to support their suggested list price (BPO) so for you to reiterate this will likely not help anything. For short sales, I believe it is imperative that such justifications are made and backed up with as much evidence as possible (photos, bids for remediation/repairs/replacements/etc.) and of course the hardship letter.

    Hey there, I'm kind of a newb, but why don't banks like people doing creative wholesaling? (you said they have no assignment clauses)- -isn't it in their best benefit to get the deal moved regardless?

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y
    Great question. The banks try everything they can to prevent investors from making money becasue they want IT ALL! If an investor can make $5k or $10k in profit from buying and immediately sellinjg, the banks feel that is $5k or $10k more they could have made. Call it greed as there is no other word for it, however, from our perspective as investors, we feel we bring some value to the table in that we are buying the property and located a buyer. For that, we should be paid for the value brought. Try and convince a bank of that and you can watch your wheels spin!!!!!
  • Residential Real Estate Agent · Hattiesburg, MS · Member since 2011 · 475 posts · 141 votes
    15y

    I'm about to test some of the theories of this discussion tomorrow morning. I was considering attaching photos of the foundation problems & some old termite damage. Guess I will forego that method in favor of a cash offer with no contengencies..

    REO property listed for 42,000
    Has been on the market for 40+days
    Previous Contract Fell through.
    Repairs 40,000-50,000
    ARV--- $120,000
    Offer---$25,000
    Non Refundable EMD XXX???

    Someone posted on here that your offering too much if you are constantly getting acceptances... That's my new moto..

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    Ed,
    Just a suggestion, however, in my experience, banks will very unlikely accept and often just ignore an offer that is only 59% of their ask price.

    Now, that stated, you have two things going for you here (ok, actually 3) 1. The property has a 40+ DOM 2. It already was contracted then fell out of escrow meaning bank and the asset manager are much more willing to accept another offer that is all cash and lower than previous. 3. You are all cash and can go with no contingencies.

    Since your exit value is slightly above $100k, for rehabbers, you can pay up to 70% all-in of exit value and still turn a nice profit. With that in mind, if your exit is accurate (and not best case) at $120k, then 70% of that is $84k, minus your repairs of $50k on high end, then your max offer can be $34k which is 81% of list price. In my experience, bnaks will look at and can accept offers within the 80% of ask price range (can go lower, but not typical).
    So, if I were you, I would be offering $31k-$32k, then when they counter with a higher number or highest and best, you only go up to the $34k. You have left only a small amount of room for your increased counter which lets the bank know your first offer was just about your highest and bvest already. At a $25k offer, you stand the risk of getting ignored or not taken seriously.

    Now, this all said, I do not know your market like I know mine, so please take this for what it is worth.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y

    So that I understand correctly, your EMD is only "taken" if your offer is accepted, correct? So if I knew I wanted a property, and offered say double the minimum EMD, but my offer was rejected, I would not lose the EMD, correct?.

    Chris, when you say make the EMD non refundable, you mean basically removing any contingencies that would allow you to back out AFTER your offer had been accepted, right? In other words, make sure your financing is iron-clad, and you know how to do your own inspections?

    Thank you for clarifying.

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    15y
    Originally posted by Adam Smith:
    So that I understand correctly, your EMD is only "taken" if your offer is accepted, correct? So if I knew I wanted a property, and offered say double the minimum EMD, but my offer was rejected, I would not lose the EMD, correct?.

    Correct...


    Chris, when you say make the EMD non refundable, you mean basically removing any contingencies that would allow you to back out AFTER your offer had been accepted, right? In other words, make sure your financing is iron-clad, and you know how to do your own inspections?

    Thank you for clarifying.

    Exactly...

  • Real Estate Investor · Sparks, NV · Member since 2008 · 45 posts · 28 votes
    15y

    A question for J. Scott:

    An offer with no inspection contingency means you have either spent a lot of time inspecting the property yourself or you are taking a big risk. If you spent a lot of time, that will add up to a big waste of time with a lot of unaccepted offers. If you don't take the time to inspect each property in the pre-offer stage, you could get stuck with major hidden problems. How do you avoid the risk and/or time wasting?

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    15y
    Originally posted by Alex K.:
    A question for J. Scott:

    An offer with no inspection contingency means you have either spent a lot of time inspecting the property yourself or you are taking a big risk. If you spent a lot of time, that will add up to a big waste of time with a lot of unaccepted offers. If you don't take the time to inspect each property in the pre-offer stage, you could get stuck with major hidden problems. How do you avoid the risk and/or time wasting?

    First and foremost, remember that you always have a day or two (or potentially many more if the listing agent is slow) between the time you get verbal acceptance and the time you have to sign the addendum and turn in your earnest money. You can always use that time to do more detailed inspections and if you find something you don't like, you can back out.

    Not a good practice to back out of deals after they've been accepted with no contingencies, but if you use this option very sparingly, it gives you a big advantage.

    That said, you still need to be able to do basic inspections and ballpark repairs costs.

    A few things that help me:

    - Most of my rehabs tend to be at-least full cosmetic, so I'm replacing all flooring, all light fixtures, all plumbing fixtures, all appliances, cabinets, etc. Therefore, I don't much care about whether these things are working or not. I know that for a typical property I do, a full interior cosmetic rehab runs about $15K, so I budget that -- if it turns out I can save some stuff in the house, I save some money, but I don't expect it.

    - In terms of rough electrical, plumbing and HVAC, I tend to use some general rules of thumb with respect to age and building materials:

    o For electrical, all my houses are less than 30 years old, so unless I see evidence of major electric issues, I assume there are none (and there never have been).

    o For plumbing, assuming the plumbing pipes are not made from a substandard material (like Polybutylene) and assuming I don't see anything that indicates a major plumbing issue, I assume there are none. If there is Poly, I will budget to replace it, regardless of whether there appears to be an existing issue. And as for finding surprises with plumbing, this is going to happen sometimes. In fact, in the past 3 houses I've done, there were burst pipes that I didn't know about. But, even if you have to run a whole new main line or repair a major burst pipe, you're probably not looking at more than $1000, so it's really not too big of an issue (especially since I always assume an extra couple thousand to be conservative.

    o For HVAC, if the unit appears to be older than 15 years, I assume it needs to be replaced. If the condenser is gone, I assume the system needs to be replaced (since it can be tough to match coils from existing systems). If the condenser is there, looks clean, the furnace appears clean, and there are no obvious leaks from the furnace, I will assume a couple hundred dollars to clean and maintain the system. This is one of the bigger risk areas if you don't have an inspection, as a new HVAC system can run $3-4K. Worst case I'll bring in my HVAC guy to take a look *AFTER* the contract is accepted but before I sign it.

    - For roofs, I've gotten pretty good at telling if they need to be replaced, and if it appears to be older than 15 years, I budget for it. If it turns out the roof can be saved, I just added to my profit.

    - Obviously, structural issues are concerning, as they can be expensive. I've gotten good at identifying potential structural issues (cracks in foundation/sheetrock, doors that don't close, bowed walls, etc), and if I see a potential structural issue, I won't put in an offer without a due diligence period to get my engineer out.

    Based on all that above, it's hard to get into too much trouble, assuming you are reasonably adept at estimating, can identify potential big issues (structural, specifically) and are conservative in your estimates.

    The worst thing that will happen is that being conservative will tend to drive your offer price down, and you'll miss out on some deals that you might have offered more on had you gotten more inspections.

    That said, I think the tradeoff is worth it. I can inspect and estimate a rehab in about 10 minutes these days, and am comfortable enough that I'll put in an offer with no contingencies just based on that.

    But again, being conservative is key.

  • Real Estate Investor · Mandeville, LA · Member since 2011 · 19 posts · 1 vote
    15y

    I had financing secured on a 12.5 million dollar deal, went hard with non-refundable 500k to get offer accepted, and it did. Two days before closing title problems that came up turning my lender off and caused mass confusion which I was able to fix because we had a good seller. Sometimes i wonder what it would have been like if the seller had been a stickler and not willing to work with us. The title issue was a relative making a claim against the property, turned out to not be a relative. It was scary none the less.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y

    J Scott, thanks again, great info. It is true that once you've worked on a few houses, you get a sense of what repairs will cost you and what to look for during an inspection. There are also books out there that teach you how to do an inspection.

    I know you are a flipper, whereas I'm buying and holding, but getting back to making a "clean" offer, what is the formula that you use to do so?

    On my last purchase I found the market value of my house using comps, subtracted about 25%, subtracted my estimated repair cost, subtracted my estimated holding costs to do repairs, and came up with a max offer. I offered below that and after a few counter offers, got them below my max and accepted the offer. Obviously your formula is different for a flip, but is this basically what you do to come up with what a "clean" offer is?

    Adam

  • Residential Real Estate Agent · Hattiesburg, MS · Member since 2011 · 475 posts · 141 votes
    15y
    Originally posted by Will Barnard:
    Ed,
    Just a suggestion, however, in my experience, banks will very unlikely accept and often just ignore an offer that is only 59% of their ask price.

    Now, that stated, you have two things going for you here (ok, actually 3) 1. The property has a 40+ DOM 2. It already was contracted then fell out of escrow meaning bank and the asset manager are much more willing to accept another offer that is all cash and lower than previous. 3. You are all cash and can go with no contingencies.

    Since your exit value is slightly above $100k, for rehabbers, you can pay up to 70% all-in of exit value and still turn a nice profit. With that in mind, if your exit is accurate (and not best case) at $120k, then 70% of that is $84k, minus your repairs of $50k on high end, then your max offer can be $34k which is 81% of list price. In my experience, bnaks will look at and can accept offers within the 80% of ask price range (can go lower, but not typical).
    So, if I were you, I would be offering $31k-$32k, then when they counter with a higher number or highest and best, you only go up to the $34k. You have left only a small amount of room for your increased counter which lets the bank know your first offer was just about your highest and bvest already. At a $25k offer, you stand the risk of getting ignored or not taken seriously.

    Now, this all said, I do not know your market like I know mine, so please take this for what it is worth.

    Will,

    When the house first came on the market my goal was 35k purchase price.

    I'm hoping that the previous buyer brought some of the more significant issues to the attention of the seller. 10K pool repair, 2,500 foundation repair, Ac Not working, etc, etc.

    I believe that is the case because they have reduced the price twice in the past month and have still failed to get another offer. It smells like blood in the water.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.