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TheRagnCajun

Member
Oct 29, 2017
590
It all depends on the terms of your contract assuming you have one. You will need a lawyer to review it with you.
 

Darknight

"I'd buy that for a dollar!"
Member
Oct 25, 2017
22,798
Hasnt been my experience with multiple homes in NY

If the home was vacant and it was a cash payment maybe I could see 3 weeks

Maybe it's different in CA but we were done in three weeks. The house was up on the 7th, then we paced a bid on the 10th, got into contract, and then we had all the paper work done before the end of the month and officially closed on the 1st of the next month with keys in hand. In the Bay Area, you don't even have time to think about placing a bid because if you do, you probably lost the house. In fact, I believe we got it cuz their agent messed up and took our offer right away instead of waiting for the deadline. Ours was definitely not vacant or an all cash payment either. It was nowhere near 6 months.
 

Syriel

Banned
Dec 13, 2017
11,088
If you accepted an offer and both you and the buyer signed it then that's that.
If the buyer is now coming back saying they want to change it and you don't accept his change the buyer loses the escrow that he should have put up.
Typically an offer is contingent on a deposit... Buyer makes an offer, seller accepts, and the buyer then put $x in escrow. If you and the buyer did that, they made an offer that you accepted and they made a deposit and it's in escrow ... and now they're trying to renegotiate the price...? You can just say no to their renegotiated offer, and then the ball is in the buyer's court to continue wiith the original agreement or bail. The buyer has more to lose because they put the deposit in escrow. You shouldn't try to back out of the original offer even if you've changed your mind with this negotiating.

Also wtf with this buyer making an offer, you accept, they give deposit and then ... they're tryiing to renegotiate...? Unless you didn't disclose something that came up via inspection or some new details, perhaps?

This. As long as you're not backing out of the ORIGINAL offer, you're good. Depending on terms, you may very well get to walk away with the good faith deposit if the buyer is backing out of the original deal.

Their bank came over for their inspection and said the property wasn't worth the full asking price, so that is why they are trying to negotiate. Escrow papers we were sent still lists the original price, though.

Unless there is a appraisal contingency in the original sales contract, this is not your problem.

If the contingency is there, then buyer can walk away free and clear, but can't force you to sell at a lower price.

If the contingency is NOT there, buyer has to pay original price or walk away and lose the good faith deposit (which you then keep).

Last time I sold my house (US, NC) we signed a listing agreement with our agent that basically said we were commiting to having her sell our house for x days and couldn't say pull out and get another agent until that time period was over.

Same thing happened to me. Long story short, the buyer is on the hook for the original agreed upon price. If the bank only agrees to loan price-x, and the buyer can't make up the difference, then their only option is to negotiate a lower price or drop out (and lose their due diligence deposit). If you really don't want to renegotiate/don't like the offer, then you should drop them, take the deposit, and get another buyer (which will have another bank, another appraisal, and might not be as low/buyer may be able to make up difference.)

How long did it take you to get the offer? What are you doing for your next place? Do you need the cash from the sale of the old place to close on the new place? Things to consider. You can always get another offer, just depends on your timeline how badly you want to hang on to the one you have.

If you do nothing, then they can't sell your house and you get to keep the deposit. Whether your agent is communicating or not. Just don't sign anything.

Everything in this post is good advice.

It took about 2 months (more or less) to get this offer. We don't have a new place yet, and it's one of the things I'm concerned/frustrated about--our agent refuses to take us to see new properties until we have a firm deal on ours.

You have a crappy agent. Fire them if you can. If not, wait out the contract term and refuse to renew with them.
 

a916

Member
Oct 25, 2017
8,816
In my experience, it's been relatively easy to sign off on the termination of the listing between sellers and real estate agents. Unless your agent/company they work for is really shitty.

The agent won't want to really hold that listing if you flat out say I'm never working with you or letting you sell this house unless they're hella petty.

As for penalties and stuff? Really depends on the contract that you signed.
 

Cat Party

Member
Oct 25, 2017
10,403
You need a new agent yesterday. Every home sale has hiccups like this, and you should have been made aware of exactly what your options are long ago. You do not have to accept renegotiated terms if you don't want to.
 

mute

â–˛ Legend â–˛
Member
Oct 25, 2017
25,062
Yeah, my goal is to just let the buyer off the hook. There's been no exchange of money yet, so they're free to look for something cheaper.
You didn't get a deposit with the offer? Here you would put down a couple thousand with an offer that you would lose if you walked away for any reason. That would be yours to keep even in this low appraisal situation.
 

Razgriz417

Member
Oct 25, 2017
9,105
You didn't get a deposit with the offer? Here you would put down a couple thousand with an offer that you would lose if you walked away for any reason. That would be yours to keep even in this low appraisal situation.
depends on the contract, state and reason for the loss of sale. When i was selling my condo last year, the buy couldnt get their FHA loan approved due to my fucking HOA being sketchy as fuck and unwilling to provide me and the buyer a copy of the agreement between the hoa and the management company that states what services they provided. The loan fell through and they were able to get their deposit in escrow back. I had to have my condo sit on the market for 8 more months and sold at like 20k lower in february this year, right before lockdown started...
 
OP
OP

srtrestre

One Winged Slayer
Member
Oct 25, 2017
18,965
You didn't get a deposit with the offer? Here you would put down a couple thousand with an offer that you would lose if you walked away for any reason. That would be yours to keep even in this low appraisal situation.
Nope, we haven't received any money at all. Even if we had received money, I'd be more than happy to refund it just to get it over with.
 

Septimus Prime

EA
Verified
Oct 25, 2017
8,500
Maybe it's different in CA but we were done in three weeks. The house was up on the 7th, then we paced a bid on the 10th, got into contract, and then we had all the paper work done before the end of the month and officially closed on the 1st of the next month with keys in hand. In the Bay Area, you don't even have time to think about placing a bid because if you do, you probably lost the house. In fact, I believe we got it cuz their agent messed up and took our offer right away instead of waiting for the deadline. Ours was definitely not vacant or an all cash payment either. It was nowhere near 6 months.
Will confirm. My house went similarly: open house on the first weekend, we saw it on Saturday, took another look on Sunday, and made an offer Sunday night. That week, the seller's agent contacted us to say someone else made a better offer and gave everyone a chance to put in their best (contingencies waived, as well), and then we won and started the buying process immediately after.

My old house in SoCal, however, did take about a month to sell, though. I don't think my agent was very good.
 

Baked Pigeon

Banned
Oct 27, 2017
7,087
Phoenix
I'm not a real estate agent but it's my understanding that If the house did not appraise, then the buyers would have to pay the difference. If they don't want to pay the difference then they have no leg to stand on because that was the agreed purchase price. You need to tell your realtor to drop the deal. You are not obligated to renegotiate. Did the buyers ask you to pay the closing costs? That's probably why they offered above appraisal.
 

Razgriz417

Member
Oct 25, 2017
9,105
yeah it just seems like OP has a fucked up agent unwilling to tank a sale and lose the comission
 

Huey

Member
Oct 27, 2017
13,179
This is different from pulling a home off the market which is just de-listing it. This is ending a sales agreement which would have conditions and terms, and would need to be adhered to. I'd be interested to hear from real estate law people here whether the buyer can do this when they already made, and the seller accepted, an offer.