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All Forum Posts by: Maria Amaro

Maria Amaro has started 3 posts and replied 17 times.

Post: In Escrow and Buyers Want to Rent

Maria AmaroPosted
  • Southern California
  • Posts 18
  • Votes 2
Originally posted by @Brian Pulaski:

@Maria Amaro are they asking because they "want" to wait or are they not qualified without waiting therefore they can't buy the house without this rent period (although will it even help them enough to buy)? If they want to, I'd say tough and make them close on their commitment. If they don't qualify for the mortgage and can't buy the house, I would most likely not risk them somehow being able to in a few months and move on to a new buyer.

 The story is that he suddenly realized that he has 25k due to IRS in April. He is qualified to do a 15% down loan right now. In order to qualify for 10% down loan and pay his tax obigation he needs to boost his credit score 20 points. His lender claims they can do this by adding him as an authorized user to an account in good standing. They just told us all this. And the reason he will owe 25k is because he took money out of his 401k to fund the down payment, so he should have known he would owe taxas. It think their payment is very high,  and it just sunk in, now they are panicking. 

Post: In Escrow and Buyers Want to Rent

Maria AmaroPosted
  • Southern California
  • Posts 18
  • Votes 2
Originally posted by @Russell Brazil:
Originally posted by @Jorge Casas:
Originally posted by @Chris Mason:
Originally posted by @Jorge Casas:
Originally posted by @Chris Mason:
Originally posted by @Jorge Casas:
Originally posted by @Maria Amaro:
Originally posted by @Russell Brazil:

Why did your agent allow you to go under contract with these buyers? Did he do absolutely zero due diligence on them? They really dropped the ball on this.

 You think so? We are not sure we will resign a contract with this agent, haven't decided yet. 

I'm sorry but I don't agree with Russell, assuming your Realtor asked for the standard (here is SoCal at least) pre-approval letter and proof of funds, they did their part. 

They could have also had their preferred lender cross-qualified the buyer which is recommended.

But I don't see how your Realtor could have foreseen the buyers wanting to rent the home so that they could raise their credit score.

 It's more of an East Coast thing, just like cross-qualifying the buyer with another lender is more of a SoCal thing - up in the Bay Area listing agents often think it's a red flag for a buyer to be working with multiple lenders or real estate agents. A lot of our "norms" are actually regional norms that we don't realize are only regional.... in Illinois, there are no real estate agents, everyone is a real estate "broker." In Texas they use "options," which are not exactly the same thing as an earnest money deposit. In much of rural California, your earnest money deposit can be $1000 and no one blinks, and it might take 4 weeks to get an appraisal back. In NorCal you never speak to a title officer because it's amalgamated with escrow and they hide behind the escrow officers and are treated as the same entity with a single point of contact; but down in your neck of the words escrow might be with Chicago Title and title might be with ABC Escrow. 

I've not bothered to get licensed outside of California because just within California is plenty enough regional variation for me to keep track of... I'd blow a gasket if a listing agent asked me to see the buyer's paystubs, but I've never been exposed to East Coast regional norms. 

Hi Chris, I’m a little confused by your reply. What’s more of an East Coast thing? 

 Listing agents doing (what we would consider) an unusually high amount of due diligence on the buyer's financials. I too thought it was crazy when I first started reading these forums, then noticed that the folks saying that were always East Coast. I'm guessing lender expectations are just lower there, so listing agents pick up the slack. I find it interesting learning about these regional differences, how something crazy to us might be the norm elsewhere (you need to have a law degree and pass the state bar to function as what we would call an escrow officer?!), and normal stuff to us (no appraisal contingency, anyone?) is crazy elsewhere. 

Aah I see. Thank you for clarifying.

I’m curious to know what kind of due diligence an agent can take to foresee a buyer wanting to rent in order to raise their FICO score.

 I vet the buyer, the buyers agent, and the lender. I want to know the buyers ficos, I want a financial information sheet on them, and I want proof of funds. I want to know how many offers they have made on other properties, how many they lost out on, if any contracts have fallen apart and why. 

Im equally vetting the buyers agent and their lender. Are they using some chop shop internet lender, or are they using a lender who has a reputation for closing, closing on time and closing without issue. Has the lender preunderwritten the buyer. Have they verified assets. How long have they been working with the buyer. Are they the actual lender doing this deal or are the buyers going to shop around and end up with a hack lender. With the agent, does the agent have a strong reputation for closing. Are they able to keep their clients expectations for the process realistic. Or are they some hack who has nonserious buyers who squirm out of deals. Are they going to keep this with the lender I vetted or allow their clients to shop around. (If they are shopping around, better believe there is going to be a nonrefundable EMD involved)

Maybe you guys dont do that on the west coast like Chris said, but the vetting of the buyers, their agent, their lender is one of the most important aspects of my job on the listing side.  If I let a property go under contract, then have it fall apart and need to come back to the market, I literally could be responsible for tens of thousands of dollars of damage to my client. Im not going to cost my client $25k on a lower sales price because I didnt vet all the players involved. And often, I dont need to do much vetting because Im going to work with the other strong agents and lenders in the market time and time again. Reputation is paramount in this business.

 That's a lot of responsibility for the listing agent compared to here. We tried to cross qualify buyers and I believe we offended one potential buyer by doing that. 

Post: In Escrow and Buyers Want to Rent

Maria AmaroPosted
  • Southern California
  • Posts 18
  • Votes 2
Originally posted by @Lien Vuong:

Well now you have to decide what poker strategy you want, bluff and have them walk or possibly win the hand. If you're open to extending this to them I think you should make a big fuss about it and let them be aware of the repercussions if they do not perform - holding the deposit and walking away with nothing - lender doesnt make money, agents dont make money... Make them see your pain and what you're allowing them to do is really a large sacrifice for you (because it is!!). Buyers are emotional and they will take it more seriously - esp. with that much money at risk. 

 It is totally painful, the constant stress of not knowing how long we have to pay the expenses for this house, and waiting to buy the house we really want. Thanks. 

Post: In Escrow and Buyers Want to Rent

Maria AmaroPosted
  • Southern California
  • Posts 18
  • Votes 2
Originally posted by @Lien Vuong:

I think the trouble you're having is perhaps feeling like you've gone too far into the process. At this point you are allowed to cancel the contract and have the right to keep your EMD, that portion goes completely to you and not the agent. You can use your discretion in this if you'd like to share of of that with him or her for their time. Having this right will be the wakeup call for your buyers to not waste anymore of anyone's time through this transaction.

I Just went through this myself and buyers tried to reneg at the CLOSING TABLE and after some back and forth and I reminded them of the 5% that is in escrow with my name on it and they quickly changed their tone.  

 At the closing table??? Eeek. 

Right, I don't think they took this seriously, and also, they put too much trust into their lender's agent. This has happened both times in escrow for us. The buyer completely trusted whatever the lender told them, who told them what they want to hear. At yhis point, it's the deadest month of the year for Real Estate, so we're probably going to give them 30 days and see if they can make it happen. Then, regroup in the New Year and decide what to do if it doesn't work out. 

Post: In Escrow and Buyers Want to Rent

Maria AmaroPosted
  • Southern California
  • Posts 18
  • Votes 2
Originally posted by @Russell Brazil:

Why did your agent allow you to go under contract with these buyers? Did he do absolutely zero due diligence on them? They really dropped the ball on this.

 You think so? We are not sure we will resign a contract with this agent, haven't decided yet. 

Post: In Escrow and Buyers Want to Rent

Maria AmaroPosted
  • Southern California
  • Posts 18
  • Votes 2
@Chris Mason ok. This makes sense. Everything seemed fine until recently. They must have just realized about the tax bill. I hope we're able to get their earnest money. They have wasted over a month for usand we moved so we are paying rent and the mortgage. This is actually the second time our house falls out of escrow, the first was because of an error on the part of the lender. We moved after all contingencies were removed and then they informed us they didn't have enough down payment.

Post: In Escrow and Buyers Want to Rent

Maria AmaroPosted
  • Southern California
  • Posts 18
  • Votes 2

      Hello. We are selling a house in Southern California and the buyers have asked for three extensions, have removed all contingencies, done final walk through. We were supposed to close today and now they are asking to rent from Dec to May in order to have time to improve their credit score. Their credit score is 680/660. They also claim they need time to pay off an IRS obligation due to withdrawing money from 401k after changing jobs. They stated after this, they will be a in a better position to afford the mortgage. 

     They were aware of their credit score and IRS obligation before they put in an offer on our house, so I am not sure I understand this. Also, isn't this credit score a little low for renting to someone? I worked for someone that owned properties in Houston and would feel comfortable being a landlord in TX, but CA has laws that make it more difficult to evict someone. If we were to rent, I would ask for a better credit score and anyway, we want the money from the house sale to buy a house next year. Any advice? Do we get their earnest money at this point? What are our options?