Thanks for the 'specific performance' tip. Given the ubiquity of this contract in Texas (law *requires* this contract be used unless the buyer or seller has an attorney draw up the contract) that might be hard to pull off but I'll add that to my toolbox.
We were not informed that the contract had been signed until 10/1. (We were told our offer was accepted and that the contract would be signed, but we weren't aware that it had been signed until 10/1.) That's when a copy of the signed contract was delivered to my agent by fax (or email). I don't see how the seller could sign a contract on 9/25, not tell us about it, and expect that date to be enforceable as the start date of the inspection period. Can they do that?
In order to resell, I'd perform about $5K of foundation repairs and some minor cosmetic work. I think the foundation issues (relatively common in this part of Texas) currently prevent many people who'd otherwise buy this house as a primary residence from considering it. I don't want to count on $140K; I can count on $125K retail at least. Having $100K in it and selling at $125K at least I won't lose my shirt, but this would be a marginal deal.
I could owner-finance in a wrap mortgage, which would give me positive cash flow, but I'd have to hope the mortgage holder didn't call the due-on-sale clause. Given the current analysis, this seems to be the best option if I'm forced to proceed on this acquisition. There is a local company that helps find buyers for this situation; they find buyers who won't qualify for a bank mortgage and thus sellers can typically sell a little higher than retail, charge higher interest, and require less money in repairs to the house. An escrow company takes payment from the buyer, pays the seller's underlying mortgage, handles taxes and insurance escrow, and forwards the remainder to the seller. Typically these buyers put up a significant down payment. The escrow company reports payments to a credi bureau and the intent is for them to refi with a conventional loan in 12-36 months. Given the credit crunch, it seems logical that there'd be more buyers out there who can't qualify for a traditional mortgage. I'd have a cash flow and have an asset by owning the note. The due on sale clause of my mortgage would be a threat, but in today's climate I'd think that as long as the bank was getting their monthly payment they wouldn't call the note and risk owning yet another house.
The more we discuss this property the less attractive it sounds. I can either stay in and make the best of a marginal acquisition, or back out and fight the interpretation of the execution date of the contract and hope the seller doesn't attempt to enforce specific performance. I'm between a rock and a hard place, aren't I?