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All Forum Posts by: Bart H.

Bart H. has started 11 posts and replied 1129 times.

Post: Buyer Recourse for Ernest Money

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Victor O.:

Hey BP!

My very first post here! Anyways, here goes. I think I already know the answer, but figured I'd double check anyways.

My question is with regards to how Ernest Money is to be handled in a specific situation: An offer was made in Dallas, TX, and the deal was put under contract with a 14 day contingency for securing financing. However, it turns out the mortgage person was not the greatest, said all was OK...until AFTER the 14 day period (it was really the friday before a monday close, but who's counting). Long story short, the contract was extended once to try to make it work, but the mortgage company was still unable to fund.

Under these circumstances, the buyer, would lose their earnest money. However, in this case, the seller somehow found another buyer ...and rather then extend the contract, opted to switch to this new buyer (& understandably so).

In the above scenario, does the buyer have any recourse to recover the Ernest money? Whether from the mortgage company or from the seller?

Thanks!

Ok...I don't know your contract.  But if you used a standard Texas Realtor buy agreement with a realtor, you likely had 2 provisions.  The first is for a non refundable option.  Usually 100-200, and usually gives you 7-10 days to review the contract, get the house inspected, get quotes etc.

During that period you can terminate the contract for any reason.  The sun came up in the east, you stubbed your toe, you don't like the color of the shingles.  Whatever.

The second is a down payment, that goes firm after the option period is over with.  IF you have a realtor, there is usually a financing contingency.  If the buyer is unable to get the loan, then the earnest money (less the option period money) would be returned in full.

So if you cant get a loan on a normal MLS transaction, and the realtor was doing their job then you should have an out for the loan being denied.

Now if you are talking about a wholesale deal, most of those are no option period, non refundable deposits, and you wouldn't get your money back.

But as others have said it really comes down to what you signed, and the devil is in the details of the signed contract.  I am just letting you know what is standard in Texas.  (at least in DFW).

@Tandi H. We learned a while ago that inherited tenants are usually bad news

@Tandi I would report it as theft. Especially if they came back once.

And no I would not go easy, I would get every dime that it took to clean and repair damage. I would document everything and contract it all out so you have receipts.

Post: Dallas Financial Independent Success?

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Richard Miller:

There is a Choose FI Dallas group that meets on occasion. They have Grant Sabatier coming to speak in March. Have not participated yet in any meetings but would like to and am all in favor of more such meetups happening. Especially coming from the perspective of RE as the primary driver of reaching FI. 

 IS there a forum, FB group, or meetup information someplace?  I seem to be having problems finding any information for the DFW specific group

Post: South Dallas / Fair Park Area

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Marco Hagens:

I think there are multiple areas of South Dallas you could reference as well.


Take the Cedars area. I think that is best positioned towards young professionals who work in downtown and wish to live closer to work. Depending on the target demographic (like Cedars for example) schools are less relevant because these residents generally do not have kids. I think younger generations are definitely willing and wanting to live closer to work and will go so far as to live in areas they might not have considered otherwise (Deep Ellum, Bishop Arts, Oak Cliff, etc.) as these areas become more appealing through investment. 

Further south of Cedars and towards Fair Park I think will take longer but it might make sense if the area improves marginally, to a young professional over living much farther, like McKinney or Allen.

 Bishop Arts/Kids Springs, etc have already turned, many of those areas are VERY expensive.  And there are a lot of families in the area.

Now Fair Park, I think there are people making money around Fair Park, but really I think you have to be adept at working in an area that is block by block and quickly can be a war zone.

Frankly its an area my wife works near, and I drive thru their on occasion, but its not an area we feel comfortable investing in.  IMO too much has to go correctly, and at some point I have real concerns about the commitment to properly funding our police and fire departments and its potential impact to safety.  Especially in neighborhoods that are trying to improve.

Post: Am I being scammed ?

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Dustin Mathenia:

So I find this deal on FB market place the first house the guy sent me to was a great house but needed 118k in repairs and the numbers weren't there I asked the guy if he had any other properties he sends me to another house in Dallas this house is actually in great shape 155k arv only needs cosmetics windows and new hvac I like it I want to buy it. I find his listing on FB says 75k purchase price ok that's fine look at the kids profile he's 18 maybe 19 he has some post about having a brain tumor asking for money....I tell him I want to buy it here is where it gets weird he says he can owner finance it 90k purchase 15k down $1000 a month 0% interest I've never heard of such a thing but the house would rent for 1300 a month not really cash flowing but it would pay itself off in 6 years so seems like a good deal to me. We go back and forth about the details I tell him I want to do all the paper work through my attorney he says his attorney  has already drawn it up he says he can close today was on a Sunday I told him need to close at a title company he says no we don't since its owner financed 2 questions how do I make sure that this deal is legit and if it's not how can I find the person who actually owns the house...He also offered the first house 0% interest I feel like you would have to own  the house free and clear to do that yes??

 In Texas close thru a title company.  Otherwise you wont get an insurable deed.  

EVen if its owner financed.

Remember nothing funds on a Sunday.  My guess, and Jay is right, the "seller" likely doesn't own the property and is trying to scam a few people out of their down payment on a house they don't own.  and then will skip out of town.

There have been a few versions of this scam in Dallas.

Just tell them you will go thru a title company of your choosing or you wont close.  (even if the seller usually picks the title company)

Post: 75246 in Dallas, is this a bad area?

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Monica Litster:

I am looking at several properties in Zip code 75246 in Dallas? I have checked the crime rate, and am wondering from anyone else buying in Dallas whether this zip is ok or should be avoided? Thank you in advance.

 BTW, I wouldn't trust Dallas crime statistics any further than I could throw them.  police are severely understaffed and the stats seem very under reported around the city.  the police aren't coming out for anything less than a priority 1 call, and even that can be a several hour response time.

Post: 75246 in Dallas, is this a bad area?

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Monica Litster:

I am looking at several properties in Zip code 75246 in Dallas? I have checked the crime rate, and am wondering from anyone else buying in Dallas whether this zip is ok or should be avoided? Thank you in advance.

75246, is a super broad range, could be just under a million dollar property , could be sketchy.   Some mediocre to bad apartment complexes and homeless issues right next to some really nice.  MY wife works at Baylor, so we are down there quite a bit, and although we don't own anything there we have looked at a fair number of properties in the area.

Honestly, I think it would be tough to tell from a thousand miles away.  ITs really an area that we physically go to the property to see where it is, and between my wife and I we drive in that area a dozen times a week.

I believe Junius heights historic district is there (if not its a block or two away, same with Swiss avenue.) And there might be other historic and/or conservation districts right there, and that can severely restrict what you can do.   Its definitely something to explore if you are looking in the area and plan on doing some rehab.

Post: 1.5” hardwood floors

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Hunter Woolsey:

We have a flip going near Dallas, about 75% of the house has the original 1.5” wide hardwood planks. We want to continue with that through the rest of the house, has anyone around Dallas been able to find these that don’t cost an arm and a leg? Thank you in advance.

Hunter

 Might Try Orr-Reed in Oak Cliff

http://www.orr-reed.com/

They have a bunch of flooring and lumber in the back.

Post: Is the housing market cooling?

Bart H.Posted
  • Dallas, TX
  • Posts 1,165
  • Votes 744
Originally posted by @Doreen Luko:

We looked at houses in Dallas Spring 2018, felt the market was very over priced.  Fast forward September-December 2018started looking again.  Sellers were cutting prices 10% Plus.  Several of the properties still were not selling.  Sellers removed their properties over the holidays, and are now relisting them as ‘new listings’  at even lower prices.  We are looking in the $400-$550 range.  A house now needs to be priced very competitive and in good/updated condition to sell in 30 days.  We will continue to look, but from what we are seeing by fall 2019 the prices will be even less lower and we will not have to settle.  Dallas did not experience the drop much of the rest of the country did in 2007, they are about th experience a housing price adjustment.  Which may trip one off across the country, if there is an economic downturn.  Consumer debt is at a record.

 Dallas didnt drop as much as the coasts in 2007 because it didnt run up like the rest of the country in the years prior.

DFW as a whole has been one of if not the leading job creator in the country, and there are hundred plus thousand people being added annually.  from 2015 to 2016 as an example DFW added 140K people.

So while it may have cooled a bit, from a smoking hot market, I think the housing market is just strong.  I dont see any indication that we are on the precipice of a huge downturn in Dallas, not unless something happens nationally.  And even then I think a Dallas downturn will be less volatile than the coasts because people are still moving here.