Now when that happens, you have a choice violate Federal law or don't do the deal.If you accept a "down payment", you're now offering "financing" as defined by federal law.

Hi all,In what form do you accept a buyer's earnest money deposit?

If you hire a real estate agent insert the disclosure in the listing agreement and make them aware of it, and then when negotiating the sale insert a paragraph in your response or if you accept; write an acceptance letter with a paragraph identifying the encroachment of the fence into neighboring land.

This is however subjected to an acceptable terms by both parties involved.

If this is the case, I assume there is a mortgage and one rule with banks about accepting a short sell price is that both parties do not know each other.As for the financing,  you need a bank or broker for an investment loan or if there is 40K in damages, was it a fire or closed to condemn and requiring a rehab?

If you are coming in with cash you have a much better chance of getting your offer accepted.

The bank wants a qualified buyer, at an acceptable price, period.  

What happens if I get a house under contract and cannot get a buyer to accept and close the deal?

To me, this is an acceptable risk given the current cashflow from the property and the likely changes to interest rates over the intervening years. 

It is typical to get financing AFTER an offer has been accepted.