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What Is Your Opinion On This Situation?

7,149 Views | 67 Replies | Last: 1 yr ago by W E H
coastalAg
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Sea Speed said:

ElephantRider said:

Sea Speed said:

Sure seems like they had an out to me and took it.

And you're salty about it. I'm saying in your opinion, they shouldn't have had an out even though you did all along.


What it boils down to 100% is that I took these people at their word and thought that was good enough. Guess I won't make that mistake again.
If you want to dictate terms to another party and want them to honor the deal, put skin in the game next time. Stop trying to make this a morality thing. You tried to have your cake and eat it too and want to put all the blame on the sellers when you lost all of your leverage.
TheHoneybadger
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As someone who has done quite a few real estate deals and learned my own lessons along the way, I offer this advice. Make the offer your are comfortable with, say it is your best, and then just wait on their reply. It is all you can do. It is really easy to get attached to a place and go out of your comfort zone, especially with a place you really love. But, there is always another home out there. It never feels like it, until you find one. I used to be the worst at that point, and I have learned a lot. Always make a written offer and opt for the option period. Then if the sellers agree, you have a period of time that you are safe from the competition flying in and going through this again. Then make sure your agent goes nuts on getting the inspections done and as soon as possible. My realtor is a beast and I always know she is on it.

You do not know what the other offer is, so just do what you can do, even if that means saying your current offer stands. For all you know, yours is still the best offer. I wish you the best of luck with it. Just try and focus and stay in your comfort zone. If it falls through, keep looking. I have had many blessings in disguise with real estate. Lost one deal and a week later a better one came. Hope it works out for you!
Sea Speed
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We submitted i think 4 separate executable contracts and they rejected for various reasons, with the last one being that the buyers agent fee was too high, but everything else was agreeable. They responded with their counter via text and not an updated contract, which is when we agreed to their terms and understood there to be an agreement per the screenshot I posted earlier. Guess we should have submitted a 5th. It is what it is.

I appreciate the responses and opinions and have learned a valueable lesson, at least it was not an expensive one. We will see what happens from here. I do understand where they are coming from on their end after trying to look at it from their side, although I disagree.

Only time will tell if this is a good thing or a bad thing. That said, this deal isn't necessarily over so I asked mods to delete the thread just in case something still comes of this.

ElephantRider
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I'm confused; so you tried to execute a contract and the seller said no? You made it sound like you were the one putting the contract off until the pool stuff was sorted out
DannyDuberstein
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Sucks, but needed a contract with long enough option period. They don't have anything without the contract and properly kept trying to sell it. Sounds like you slow played them at first contract-wise which is fine but comes with risk, then sniffs of other interest that happened in the meantime resulted in them taking over the slow play aspect and return the favor.

Make an emotionless offer on what it's worth to you. If it doesn't work out, there will be more 20 year homes out there.
TxAG#2011
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Why would you ask the mods to delete the thread? We here are entitled to hear the outcome of this fiasco.
txaggie_08
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Sorry this is happening to you OP, but it seems squarely on you. My parents are both in real estate now, and I can tell you, you can't just take people at their word. The sellers may be good and honest people, but they don't know you and aren't going to wait on you to get a contract executed. Sure, they may work with you in an attempt to get something done, but if a firm offer comes in in the meantime they would be crazy not to take it.

As others have said, you should have probably worked this out in a different way - especially if this was a "dream" property that you planned to be on for 20+ years. The sellers don't know how genuine your offer is. I've seen it time and again where someone will ask for one detail, and then once that's addressed it moves to another item, and then turns in to a never ending list of requests that ends up burning the seller.
ATM9000
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Sea Speed said:

We submitted several offers. Here is what the sellers said in response to one of them.


They verbally agreed to sell us the house and then said oh wait, nevermind.



You said in your OP that you wouldn't execute a contract unless the pool was cleaned.

Real estate isn't done via verbal agreements and rightfully so. Too many things can go sideways as it is. Soā€¦ as I said originally, you might not THINK this is the case, but from an outsiders perspective, you didn't put an offer in. All you did was provide very active and actionable feedback to the seller.
ElephantRider
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TxAG#2011 said:

Why would you ask the mods to delete the thread? We here are entitled to hear the outcome of this fiasco.

Embarrassment. I think he came here thinking we would agree that he was a victim
combat wombat™
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Sea Speed said:

We submitted i think 4 separate executable contracts and they rejected for various reasons, with the last one being that the buyers agent fee was too high, but everything else was agreeable. They responded with their counter via text and not an updated contract, which is when we agreed to their terms and understood there to be an agreement per the screenshot I posted earlier. Guess we should have submitted a 5th. It is what it is.

I appreciate the responses and opinions and have learned a valueable lesson, at least it was not an expensive one. We will see what happens from here. I do understand where they are coming from on their end after trying to look at it from their side, although I disagree.

Only time will tell if this is a good thing or a bad thing. That said, this deal isn't necessarily over so I asked mods to delete the thread just in case something still comes of this.




Actually, their counter should have been in writing. You didn't actually have a binding counter from them. Your realtor knows that.

Live and learn.
Sea Speed
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If i was embarrassed why would I respond and say what I was aiming to do? I'd think someone who was embarrassed would try and covertly get that done instead of announcing it. Why would I publicly admit it was a learning experience if I was embarrassed or ashamed?

I also specifically stated why I asked the moderator, because there is still the opportunity for a deal and i probably shouldn't have mentioned anything on a public forum while that is the case.
Sea Speed
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So it was an email, not a text. Either way it wasn't on a standard contract so I understand.

BrazosDog02
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Sea Speed said:

So it was an email, not a text. Either way it wasn't on a standard contract so I understand.




For what it's worth, we looked for over a year and fell in love with 3 houses along the way until we found the one we actually got, which we loved as well. It was twice as big, had 20 acres with it with room to grow. Hang in there, i think you're going to look back at this and realize that you not only
Learned a valuable lesson, you probably avoided a land mine. Things have a way of working out sometimes.
ATM9000
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Sea Speed said:

So it was an email, not a text. Either way it wasn't a contract so I understand.




Omitted 2 words for you just to ingrain the lesson that you hopefully learned.
HarleySpoon
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"Time kills deals." If you're the seller, keep selling until you have a written contract. After that, keep selling in search of a back up contract. Just too many flaky buyers and sellers out there.

And if you are a buyerā€¦.."time kills deals"ā€¦..get it under written contract. And then, keep looking in case it falls through.

ETA: They let the pool get in this condition while they were attempting to sell the property. That tells you a whole lot about the likely condition of the rest of the home. And if you really have your heart set on this home, in the WRITTEN contractā€¦.have the expiration of your option period start to run once the pool has been serviced/cleaned. You need a better agent. I'm not an agent.

combat wombat™
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I had the same thought on the care and maintenance of that pool. That's a sign of how they maintain and care for the property as a whole. They knew you'd be looking at it and still they didn't repair it. What is wrong with this place that you can't see and they won't repair?
tamc91
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Maybe look for a house without a pool, but room to build one to your own specs?
Redstone
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I trust me. That's it.

If it's not written, it doesn't exist.
carl spacklers hat
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Interesting situation.

In my experience, what you are going through is why I don't deal directly with the counter party, whether they are the seller or the buyer. If you have an agent, they are your representative. Tell them what your terms are and let them represent you. I do not get involved directly with the buyer/seller.

As others have said, until both parties sign the contract, nothing is solid. And even after signing, things can and do go sideways.
People think I'm an idiot or something, because all I do is cut lawns for a living.
Red Pear Luke (BCS)
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tamc91 said:

Maybe look for a house without a pool, but room to build one to your own specs?
And warranty

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valtosca
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With hindsight being 20/20, Section 7 D.(2) ought to have been used. Additionally, Section 7 F. Details how the repairs are to be completed and the remedy for default. No need for an extended option period and protection through the entirety of the contract.
MTTANK
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Sea Speed said:

I took them at their word that they would agree to terms and sign when pool was ready.


Absolutely I would stand by my word if I told someone I would sell them somethin 10 times out of 10.
I'm with you on all of this Sea Speed. People get greedy, and to me this is what happened. They had made a deal with you, but now think they can get more. Your realtor should have forced a low cost option contract at that point and closed the deal. I made an offer on a house and the realtor said they were expecting multiple offers and had more showings scheduled, and the sellers would not make their choice for a week. I told them I would make them a much better offer, but it would be take or leave it 24hrs. The realtor tried to lie to me about his clients being out of pocket, and also suggested I not make a conditional offer because he had seen that blow up deals in the past. So I took his advise and did not make the offer. He told my realtor that I was trying to "run his show". They called me a week later asking if I would consider submitting my original offer, told them they blew the deal up and to pound sand. Greed cost them a ton of money.
GIG 'EM
Deats99
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MTTANK said:

They called me a week later asking if I would consider submitting my original offer, told them they blew the deal up and to pound sand. Greed cost them a ton of money.


So they never sold the house?
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
MTTANK
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The best offer they ended up getting was under my original offer. It cost them at least 25k.
GIG 'EM
combat wombat™
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Saved you overpaying 25k, sounds like.
BMo
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True story. We were in negotiations on a small acreage tract not long ago. The contract went back and forth and we settled on a verbal agreement and waited for the seller to sign the contract. Before they actually signed, they let us know they had another showing happening and would wait to sign the final deal after that showing. We immediately told the selling realtor that if that was the case, we withdrew our offer. While the seller's ethics were questionable, we had no deal until they signed and yes it ticked us off. We were willing to walk and they had us a signed contract within the hour.

You should have gone under option contract. An amendment to extend the option period could have been executed if the pool situation wasn't to your liking near the end of the original option period. Happens all the time.

MTTANK
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combat wombat said:

Saved you overpaying 25k, sounds like.
Agreed! But I was happy to at the time. I was in the middle of purchasing acreage to build on, and it would have saved me some serious money vs building. It was also fairly recent and house values were climbing like crazy. It comped above what I offered in a couple of months.
GIG 'EM
W E H
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I've had lots of realtors tell me they were expecting another offer to come in when I'm looking at properties. I think about half the time it's just a sales tactic. It just depends on my mood at the time as to what I do. I'm not usually buying on emotion, I'm buying and selling because it's what I do for a living. But I do know it ain't nothing until it's signed, then waiting out the option, then hoping it clears title and closes. That said, I have a couple of realtors that I use regularly that will submit any offer I want, no matter how lowball or crazy conditions/stipulations I have them put in them. Surprisingly quite a few are accepted with sellers just wanting to be done (when not in hot market). At least that way it's already in writing and it shows I'm serious. .

Best of luck on your purchase
SoTheySay
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S
I'm sure plenty of agents are lying about another offer but I swear this happens. I've had a property sitting for months (quirky houseā€¦ to say the least) and ended up with three offers within 24 hours. It's like no one wants it until someone else does.
Keeper of The Spirits
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Yeah if this were AITA I would say this is a case NA
knoxtom
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The seller didn't owe you anything and this is 100% on you.

Potential buyers always want things and run their mouths. Until it is in writing, on a real estate contract, there is nothing. Someone showed up who didn't just talk about it, they put it in writing. Seller didn't owe you anything.
Red Pear Realty
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SoTheySay said:

I'm sure plenty of agents are lying about another offer but I swear this happens. I've had a property sitting for months (quirky houseā€¦ to say the least) and ended up with three offers within 24 hours. It's like no one wants it until someone else does.

I've had this exact same thing happen more than once. The one I specifically remember was a lot that I had listed for exactly 360 days, at which point I received THREE offers on it on the exact same day. I told all three agents that I had three offers, and one straight up called me a liar. I responded by saying something like, "look, I know it sounds crazy, but your client's offer is not the highest, and if they don't increase it, you will know after it goes under contract that I'm not lying." I wasn't lying. Oh, and we sold for more than asking price.
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W E H
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I have buyers tell me all the time " l want it and I'm going to the bank" if they don't put earnest $ down, I consider it still for sale. That's about half the reason I started with the owner financing.

I've also bought lots of properties from the owners that said they'd showed it a bunch and had someone going to the bank. And I'd offer them my price and give them a check for $500-$1000 made out to them right then to show I'm serious.
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