I appreciate your response K. Marie Poe. As far as my incorrect assumptions, they're based on a lot of mixed input I've been getting. A fair number of people like you have told me I don't have much of a case to stand on. However, others have told me I absolutely do. I'm using the standard GAR (Georgia) contract and it doesn't mention anywhere as far as I can tell that I'm limited only to the receipt of my earnest money in the case of seller default. I've copied the relevant sections below (at the end of my post) in case others want to offer their interpretation.
The legal part is kind of moot regardless. I don't want to take this to court. It's not my style. What is my style is coming up with a creative compromise that can make both parties feel satisfied at the end of it all. Granted it takes two to play ball, and I can only hope the seller will be willing. And I do acknowledge that they will probably be more willing if they know they're in a vulnerable position legally speaking (regardless of whether I plan to take advantage of that or not)
To reply to your point about the estate proceeding with a short sale, they won't. Their plan at this stage is to try and sell it for the higher price to clear all liens and loans. And if they're unsuccessful with that, they will let it go into foreclosure.
Your point is well taken that it seems like I'm interested in the property if it gets better offers on the open market. Frankly I am. I just want to make sure as a newbie, I'm not letting myself walk into a sour deal. I would like one of my fallback exit strategies to be a break-even short-term resale if I find that the out of state investment is too much headache to carry on with (as others indicate that it can be). Do you think I should instead disregard market value, and simply pursue it based on the long-term potential? If that's the case perhaps I ought to continue to pursue it, and throw in the extra $6k. The cash flow would drop to about 8-9% cash-on-cash (as opposed to the 10% minimum I was aiming for), but to be honest that still makes sense for me. Especially given that I'm using conservative numbers in my cash flow spreadsheet. Hell, it's better than my stock portfolio has done the past 5 years, or the .1% my savings account is yielding.
Lastly, I do admit that about half of my expenses were travel related. I understand now that this is one of the risks of out-of-state investing. Live and learn. For now it doesn't deter me from continuing to invest in Atlanta. We'll see what other risks I encounter along the way. I admit I'm a rookie, and I know I have to expect some hard knocks. At the same time I can only roll with the punches and persevere. I've changed my strategy so many times, I feel like I've got to ride out this one as long as I can endure.
Thanks again for your response, and giving me some food for thought.
[i] Disbursement of Earnest Money: Holder shall disburse the earnest money upon: (1) the closing of Property; (2) a subsequent
written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the earnest
money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability
of the Agreement). In addition, Holder may disburse the earnest money upon a reasonable interpretation of the Agreement, provided
that Holder first gives all parties fifteen (15) days notice stating to whom and why the disbursement will be made. Any party may object
to the proposed disbursement by giving written notice of the same to Holder within the fifteen (15) day notice period. Objections not
timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the
earnest money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify
its proposed disbursement, Holder shall first send a new fifteen (15) day notice to the parties stating the rationale for the modification
and to whom the disbursement will now be made.
Holder shall offer to disburse the earnest money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the
Agreement that Seller has terminated the Agreement due to Buyer’s default; and (2) sends the required fifteen (15) day notice of the
proposed disbursement to Buyer and Seller. If the check is accepted and deposited by Seller, it shall constitute liquidated damages in
full settlement of all claims of Seller against Buyer. Such liquidated damages are not a penalty and are instead a reasonable preestimate of Seller’s actual damages, which damages are difficult to ascertain. Nothing herein shall prevent the Seller from declining
the tender of the earnest money by the Holder. In such event, Holder, after giving [/i]
[i]17. Default.
A. Rights of One Party Against Another Party: A party defaulting under this Agreement shall be liable for the default. The nondefaulting party may pursue any lawful remedy against the defaulting party.
B. Rights of Broker Against Defaulting Party: In the event a party defaults under this Agreement, the defaulting party shall pay as
liquidated damages to every broker involved in this transaction with whom the defaulting party does not have a brokerage
engagement agreement an amount equal to the commission the broker would have received had the transaction closed. For purposes
of determining the amount of liquidated damages to be paid by the defaulting party, the written offer(s) of compensation to such broker
and/or other written agreements establishing such broker’s commission are incorporated herein by reference. The liquidated damages
referenced above are a reasonable pre-estimate of the broker(s) actual damages and are not a penalty. In the event a real estate
broker referenced herein either has a brokerage engagement agreement or other written agreement for the payment of a real estate
commission with a defaulting party, the real estate broker shall only have such remedies against the defaulting party as are provided
for in such agreement.[/i]