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All Forum Posts by: Darrell Kirby

Darrell Kirby has started 11 posts and replied 39 times.

Post: Selling a Duplex with 2 Buyers interested

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
Quote from @Max Ferguson:

After taxes and fees, and depending on if you plan to depreciate it at all, you may not have to pay anything or much in taxes. 7-22k spread minus closing costs (also the eviction costs are a write off as well) isn't going to be too much in taxes depending on what you decide to do. 

The first option is a much better deal if they can secure financing, but the owner financing portion is too much headache IMO, but could work something out with a good contract. 

Good luck and let us know what you figure out!


Thank you. I did not really want to go with the owner financing route if I did not have to. 

Post: Selling a Duplex with 2 Buyers interested

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10

I got them up to 150K. I will try to see if they can come up higher. 

Post: Selling a Duplex with 2 Buyers interested

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
I am selling a Duplex located in Ecorse Michigan. I received 2 offers. They both want all tenants out and I am currently going through an eviction with the remaining tenant who were both not paying.

I will have to pay capital gains taxes in either case as I've owned less than a year. I originally paid 143K for the place.

1. The buyer wants to pay or assume my mortgage, pay 165K and the place is listed as 161K appraised. They probably will pay my mortgage as it does not look to be assumable. They will put 20K down.

2. The second buyer will pay 150K cash after appraisal.

I assuming number 2 is the better deal. I just wanted input or opinions.

Thanks in advance!

Post: Buyer backed out after closing

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
Quote from @Account Closed:
Quote from @Drew Sygit:

Agree with @Travis Biziorek

It's VERY expensive to sue someone in another state!

Attorney retainer fee will probably start at $10k.

Would it be worth it?

Actually the state that the property is in and contract is written in, is where you sue. So, to be sure, the other party would find it very expensive to defend the lawsuit. However, the OP said the buyer backed out before signing. "I have also heard that he never signed on his end."

That is a very tough one to litigate and win, and IMHO it's better to walk and find another buyer.

 That is correct. I was told by my agent that he never actually signed on his end. I do have other offers so that is a good thing. 

Post: Duplex for Sale - Ecorse Michigan

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
Quote from @Travis Biziorek:

$166k in Ecorse for a duplex does not scream "eager to sell" to me :-)


 It's NEGOTIABLE..I'm just stating what it was appraised for. 

Post: Buyer backed out after closing

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
Quote from @Theresa Harris:
Quote from @Darrell Kirby:
Quote from @Theresa Harris:

Talk to your lawyer.  He signed the paperwork (as did you) and legally he's responsible for paying it.


Thank you. I am looking into retaining a lawyer. 

 Who handled your closing?  I'm in Canada, but we go through a lawyer (or notary) when purchasing or selling a home.  That is who we sign all the documents with and handles all of the money (aside from collecting the deposit on the offer).

Here in Michigan it was a Title company. The buyer was in New York but the Title company handled the process. He hand an agent that was handling most things here. 

Post: Buyer backed out after closing

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
Quote from @Kevin Sobilo:

@Darrell Kirby, the typical sales contract in my state would provide for 2 basic possibilities if a buyer didn't perform according to the contract.

1. The seller could simply retain the deposit. This is the commonly selected option on the contract and this of course is decided BEFORE the contract is signed.

2. The seller could go after (sue) the buyer for liquidated damages. For example, now incur 3 months of carrying costs and then have to sell for $20k less those extra costs are your damages that you could claim against the seller.

So, check your sales contract and speak to a good lawyer as well as your real estate agent if there is enough "damages" to be worth the hassle. 


 Thank you for that information Kevin. I have also heard that he never signed on his end. That changes things a little. 

Post: Buyer backed out after closing

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
Quote from @Theresa Harris:

Talk to your lawyer.  He signed the paperwork (as did you) and legally he's responsible for paying it.


Thank you. I am looking into retaining a lawyer. 

Post: Buyer backed out after closing

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10
Quote from @Account Closed:
Quote from @Darrell Kirby:

I had a buyer back out after closing because he did not like his finance companies process. He stopped the wire transfer after the closing. Is there anything that can be done about this? 

I think I misundersatnd. "After Closing" means that all monies have been transfered and the warranty deed and deed of trust or mortgage have been recorded. 

Do you mean that after the signing, he wouldn't send some money? That would be his issue with his lender.

You would have the option of forcing him to complete the deal, he then has to work out the problems between himself and his lender, that is none of your problem or business.

Have your attorney or the real estate agent's broker send a strongly worded letter as a warning about the consequences ( a lawsuit he is unlikely to win).


 Thank you for the information. I had signed and he had signed. The wire transfer was occurring as he was out of state. He than stopped the transfer because he did not like the terms of his mortgage. The earnest monies were kept by my side. However, I am not happy over the fact that he seems to be just walking away after going through the process. My agent is from a reputable firm (KW). I plan on chatting with her to see why there was not much of a fight. 

Post: Buyer backed out after closing

Darrell KirbyPosted
  • Ypsilanti, MI
  • Posts 39
  • Votes 10

I had a buyer back out after closing because he did not like his finance companies process. He stopped the wire transfer after the closing. Is there anything that can be done about this?