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All Forum Posts by: Jim Witten

Jim Witten has started 18 posts and replied 47 times.

Post: Escrow Demand Letter?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2

So I just talked to the escrow officer, I guess she just wanted something informal with my info for their system (mailing address, name, payee name, and stating that I will be handling my taxes since they are not asking for a W9).

Im not sure why she calls it a "demand letter", and wanted it written up as a letter. I just made up a 1 pager in word and sent it as a PDF. 

I would think I could of just sent her an email with the basic info she needs. Whatever, strange.

Post: Escrow Demand Letter?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2

Im completing a wholesale deal, we're in escrow. I'm receiving a set amount of the proceeds. 

The Escrow/Title companies knows the amount I am to be paid. But they are still asking me for a demand letter that includes my payee name, address, and that I will be covering my own taxes.

I tried googling escrow demand letter and payment demand letter samples.... but am getting  letters for "Final notice", "reimbursement for damages", for "default", etc....

'What is a normal escrow demand letter look like? How long and formal does it need to be? Can someone send me a sample?

Thanks

Post: CA Agents: Do All Offers Require a Contingency Removal?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2
Originally posted by @Will Barnard:
Originally posted by @Jim Witten:
Originally posted by @Will Barnard:

Section 14 B of the CAR purchase agreement to s one of several potential buyer contingencies. This section is an inspection contingency and for this and any and all other buyer contingencies, it requires a buyers release of contingencies signed by buyer for each contingency they have. Within that CAR form, there is a checkbox for buyers release of “ALL” contingencies. In some cases when I make offers as an investor, I will often sign and send the full release of contingencies with my offer to make it stronger than others. 

Okay, thanks so much. I do see the "REMOVAL OF CONTINGENCIES WITH OFFER" box you are referring to. That certainly would make the offer more enticing to a seller.

I just wanted to make sure that if I as the buyer(just as an example) got into contract and found more issues with the property than I expected, I can legally cancel and walk away within the 14.b listed time frame.

If you release all contingencies with offer, then you don’t get the 14 B inspection timeframe so the answer is no, if you find more items, you are stuck with them. You only release them once you have done a full inspection to uncover any hidden items first. In the cases where I have released all contingencies with offer, it was typically in a deal where I was demolishing most of the structure so the condition didn’t matter. I also make sure to check for sewer line issues, termites, lead/asbestos, and other big ticket items like roofs, HVAC, electrical, and plumbing. If I am not demolishing most of the home, I make sure I complete my due diligence on these items prior to releasing all contingencies.

Oh I know you'd be stuck with it if you went the route of "REMOVAL OF CONTINGENCIES WITH OFFER". I just meant I could see how that is enticing to the seller when possible. 

But otherwise, just sticking with the 14.b option of X amount of days, would protect the buyer should they want to back out from new issues discovered. 

Post: CA Agents: Do All Offers Require a Contingency Removal?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2
Originally posted by @Will Barnard:

Section 14 B of the CAR purchase agreement to s one of several potential buyer contingencies. This section is an inspection contingency and for this and any and all other buyer contingencies, it requires a buyers release of contingencies signed by buyer for each contingency they have. Within that CAR form, there is a checkbox for buyers release of “ALL” contingencies. In some cases when I make offers as an investor, I will often sign and send the full release of contingencies with my offer to make it stronger than others. 

Okay, thanks so much. I do see the "REMOVAL OF CONTINGENCIES WITH OFFER" box you are referring to. That certainly would make the offer more enticing to a seller.

I just wanted to make sure that if I as the buyer(just as an example) got into contract and found more issues with the property than I expected, I can legally cancel and walk away within the 14.b listed time frame.

Post: CA Agents: Do All Offers Require a Contingency Removal?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2

With standard CAR Forms....I'm trying to understand what establishes a buyer contingency on the buyers purchase offer? Is it simply Line 14.b as seen in the screenshot below, that's it?

Do purchase offers always require a CONTINGENCY REMOVAL form to be signed by the buyer after the X amount of days are up in line 14.b?

(California CAR form)

Post: Can A Realtor Make Me An Offer without a Listing Agreement?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2

I tried searching on BP first. But didn't find anything to my specific question.

There's a real estate agent claiming he has an all-cash buyer for one of my properties. (It is not listed or anything.) He left a pitch-packet with a filled-out Listing Agreement, asking to list the property for 7 days with him so he could show it to the prospective buyer.

I think he's just fishing for a listing and is full of it. 

But if he really does have a buyer, can't he just submit to me a Purchase Agreement contingent on a viewing first? Is there a way for him to make an offer and view it without me signing a listing agreement?

Because I don't see any details about a commission he is owed in the California Realtor Purchase Agreement, so how would I promise him his 5% for example?

Thanks

Post: Is a Broker Protection Clause Voided if seller hires new broker?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2

When a listing expires, the agent provides a list of names they showed the property to. If any of those people later buy the property, the original broker still gets a commission. That's the broker protection clause, right?

Why would seller hiring a different broker invalidate any of that protection to the original broker?

Post: How is Broker Protection Clause, Invalidated?

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2

I thought previous listing brokers are protected regardless. That's the whole point to prevent a seller from just swapping listing agents or firing listing agents.

 When an agent shows "SARAH" the property, "Sarah" is now part of that agents list of names. So if "Sarah" later buys the house down the road, the original broker still gets a part of the commission. Because he was the procuring cause right.

Why would seller hiring a different broker invalidate any of that protection to the original broker?

Post: Finished my RE Courses- Recommendations for Exam Prep Course? CA

Jim WittenPosted
  • Walnut Creek, CA
  • Posts 49
  • Votes 2
Originally posted by @Samone Johnson:

I watched tons of PrepAgent videos on YoutTube. They are awesome and he will answer your questions by email. It's worth checking out.

I'll check out their YouTube video. They also have a website with exam prep courses, you didn't buy any of those?