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All Forum Posts by: Lenna Groudan

Lenna Groudan has started 20 posts and replied 38 times.

Post: Rec for Architect who has done work in the Heights, TX 77008

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4

Hello,

We just bought a house in the Historical District in the Heights in Houston which need a major rehab/addition. We are looking for an architect who has done this in the Heights before. If you have a rec, please send it our way. We really appreciate it. Thanks in advance. 

Post: Looking for Flat Fee Listing Service / Companies in houston

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4

Hi All,

   We are looking for a flat fee listing service in Houston to sell our primary residence as well as potentially some of our flips.   

Please let us know if there are any folks in Houston and whether you have had a good experience.

Thanks!

Post: Need Affordable Residential Mortgage Loan Originator (RMLO) in TX

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4

Hi - we are going to be doing around 1 owner financed home a month in Houston - hopefully more in the future.   These are generally subject-to homes with a wrap to the new buyer.  Nothing sketchy.  No balloons, no variable rates.   Generally 30yr fixed with rates between 6.5% - 9%.

We are looking for an RMLO to help keep us compliant.   We'd like to be able to have a discussion around an affordable win-win partnership model to originate all our loans.

Please let us know if you are interested.   We are looking for someone based in texas although it is not necessary to be in houston.

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4
Originally posted by @Mike Cumbie:

The better exit strategy you found does not include that buyer (or any buyer the agent brought) in any way shape form or faction does it? IE.. they are now going to pay more and do seller financing with you. They are going to buy it all cash through an LLC and hard money and need the 6% to make things work out. Someone who looked at it 2 weeks earlier through the agent put in an offer and just didn't get an offer in on time. Now that the deal is dead they are going to go forward

Absolutely not!   we do not have an new buyer lined up and we understand our commitment to the existing realtor.  If someone they brought to us ends up buying the house we would owe them, and happily pay them, the commission.

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4
Originally posted by @Russell Brazil:

I generally agree with what @Wayne Brooks is saying....but with the caveat that we do not know how long these extensions have been.  Are we talking about extensions of two months, or a week or two.  Short delays are just part of the real estate process, especially with some lenders now having issue with the new TRID regulations. Courts have often ruled that small delays do not cause material harm, and thus uphold a contract even when it is past the expiration date of that contract.

Edit: Now I see that the extension was just about a week. In this case you should still sell to that buyer if they can close, and you should pay the agent their commission.  Things like this most of the time do not end up in court, but see my statement above about short delays not causing material harm.

Thanks Russell - completely fair.   I guess one of the problems is how to know whether they can or will close.   How long is enough, etc...    

Thanks for the direct feedback - we want truth not just what we want to hear!   We are not trying to rip anyone off and were ready to honor the contract but we are also trying to do what is best for us financially.

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4
Originally posted by @Greg H.:

@Russell Brazil

This is a listing agreement dispute and not a buyer- seller dispute.  TRID Regulations would not apply

@Lenna Groudan

Was there a selling agent involved or did the brokerage procure the buyer as well ?

We are working with a small 2 person broker/agent real estate firm. They found the buyer via their MLS listing. The buyers had their own agent.

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4
Originally posted by @Mike Cumbie:

Hi @Lenna Groudan,

Why did you return the EMD?

If you did it just to be nice that is fine, there wasn't a reason you had to return it was there?

 Just to be nice - we had no desire to harm the buyer for an issue caused by their lender

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4
Originally posted by @Jarod Clayton:

I almost wonder if there is something we are missing because it seems so crazy the realtor would do such a thing based on the above info. 

 The only other "color" is that we actually had identified a better exit strategy for the property a few weeks after we signed the initial contract.  However, we signed a valid contract and were prepared to honor it.   We even extended it once for 8 days (that is what they asked for).  I  think the realtor feels like we should have kept extending and it would have ultimately closed.   Maybe it would and maybe it would not - it was not clear to us.   Honestly, that is the full disclosure. 

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4
Originally posted by @Account Closed:

I have been a Texas agent.  You are correct.  The "able" does require they were able to get financing.

My question is what about your listing agreement?  Has it also expired?

 Hi Michael.   Yes - it expired yesterday.   

The timing was:

- Original Contract had a closing date of 12/23/15

- We signed an amendment to move closing date to 12/31/15

- Listing agreement expired 1/4/16

We did not get the notification from the realtor that they wanted their commission until AFTER we said we would not extend our listing agreement with them.   They knew on 12/31 that we were not going to extend the contract and we were going to return the earnest money.  

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Lenna GroudanPosted
  • Rental Property Investor
  • Houston, TX
  • Posts 38
  • Votes 4
Originally posted by @Wayne Brooks:

Absolutely not.  The buyer was not "able" under the contract terms.  You have absolutely no obligation to extend any contracts.  Unbelievable an agent is even trying this.  Is this coming directly from the agent (who has no legal standing as your listing agreement is with the Brokerage, not the agent), or is this coming from the Broker too? This agent is not going to last long.

 Thanks Wayne for your fast response!

It is coming from the agent, at least as far as I can tell.   I think they believe that if we extended again that the buyer would be able to close.   It probably is the lenders fault and we feel bad for the buyer but we have to protect ourselives.   We immediately refunded their earnest money.