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Help! Seller is delaying! What should I do?

Started by CThomeowner
about 16 years ago
Posts: 3
Member since: Sep 2009
Discussion about
I recently had an offer accepted, but the seller's lawyer has told my lawyer not to do anything just yet because the seller is trying to liquidate assets so he can pay off his mortgage. (The seller is seriously underwater and doesn't want to do a short sale.) I'm sympathetic to the seller's issues, but the seller and I have been negotiating on price all summer. He's had months to get his finances in order. I think he's just stringing me along in hopes of getting a better offer. (His apartment was included in a full-page WSJ ad last week.) What can I do to get the seller to hurry up and give me a contract? Threaten to walk?
Response by truthskr10
about 16 years ago
Posts: 4088
Member since: Jul 2009

If the owner can't get you a signed contract within a week of an accepted offer, you have to seriously consider walking. If it is true what he is trying to do, you can give him more time for a closing date.
I would tell the seller's attorney;

I am very sympathetic to your client's situation. Unfortunately it is also putting me into a situation I am not comfortable with. I am willing to give extra time for a closing date for your client to get his/her affairs in order. As we have agreed to terms,I would like your client to be fair with me as well and would like a signed contract within one week.
Failure to do so will force me to have to rescind my offer and pursue options elsewhere.

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Response by raddoc
about 16 years ago
Posts: 166
Member since: Jun 2008

Run, do not walk away. The owner is using any and all tactics possible to stay put. I bet if you check the co-op or condo fees you'll find that your seller is waaaaay behind and trying to make it look like they're making a real attempt to sell. The reality is that they just want to sit tight until the bank and building force them out.

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Response by drdrd
about 16 years ago
Posts: 1905
Member since: Apr 2007

I think that one week is too generous since I get the feeling they've already strung you along a while. I think you have to assume that the seller is indeed fishing for a better offer & feels he's already got a sucker on the line if that fails. Tell his attorney that time is of the essence & you need a signed contract in 24 hours or the deal is kaput. There's plenty of inventory out there & don't allow yourself to get played.

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Response by tanker
about 16 years ago
Posts: 70
Member since: Jul 2008

I recently got "gazumped" - as the British say - by a seller who used a technical issue holding up signing of the contract to shop for a better offer. He found one (or at least claimed to), and I have been asked to pay more. You can turn up the heat by having your lawyer formally withdraw the offer, but making clear that you would be happy to consider reinstating it immediately if and when his client is ready to sign a contract, should you still be in the market. I strongly suggest that you continue to look at other places in the meantime. Nothing adds to your negotiating leverage quite like having attractive alternative deals in your back pocket.

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Response by BSexposer
about 16 years ago
Posts: 1009
Member since: Oct 2008

Give the seller a firm deadline. If the deadline passes, withdraw the offer and walk away. Be firm and follow through. Don't worry, you will have PLENTY of better opportunities to buy in the future.

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Response by w67thstreet
about 16 years ago
Posts: 9003
Member since: Dec 2008

What are you. 12yo? This isn't like your one true love, withdraw the bid and tell the seller if he wants to the privilage of selling to you, it just cost him an extra $25k.

Am I the only one that learned to negotiate from a position of power? And WTF r u bidding on just one unit? Greatest bubble bursting and you gotta have that one dry wall box? No r u 10yo?

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Response by CThomeowner
about 16 years ago
Posts: 3
Member since: Sep 2009

Appreciate your advice, w67thstreet, but not your tone.

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Response by w67thstreet
about 16 years ago
Posts: 9003
Member since: Dec 2008

We must stay in character or else this place getz really boring! Take the good throw away the bad, it's alot like growing up. There are those who are abused and then repeats the cycle, and then those who are strong enough to break the chains of stupidity.

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Response by BSexposer
about 16 years ago
Posts: 1009
Member since: Oct 2008

w67th has the maturity level of a 7-year-old. Actually, that's an insult to 7-year-olds.

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Response by modern
about 16 years ago
Posts: 887
Member since: Sep 2007

The seller is lying.

There is no need to "pay off his mortgage" to avoid a short sale. All he has to do is show up with a check at closing for the difference between what you are paying and the mortgage amount and the bank will be happy to take it.

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Response by w67thstreet
about 16 years ago
Posts: 9003
Member since: Dec 2008

Sexy. Ask your mama if it felt like a 7yo last nite?

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Response by Ubottom
about 16 years ago
Posts: 740
Member since: Apr 2009

whoa six seven---gently now

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Response by romary
about 16 years ago
Posts: 443
Member since: Aug 2008

move on - too klugey.

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Response by BSexposer
about 16 years ago
Posts: 1009
Member since: Oct 2008

"Sexy. Ask your mama if it felt like a 7yo last nite?"

I think he proved my point.

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Response by Mhillqt
about 16 years ago
Posts: 405
Member since: Feb 2007

i would ask for some legal document that states the seller is selling the property to you at a set price....some sort of a guarantee that the seller wont go and accept someone else's offer.

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Response by w67thstreet
about 16 years ago
Posts: 9003
Member since: Dec 2008

What do you expect? Sexposer? Now you've gone and proven my point dumbazz.... Oh I get it, you don't get Dave Chapelle either.. okay... you are easily offended on an anonymous site... m'okay.... m'okay....

Here is a grown person asking financial advice on an anonymous board, that to me on the surface looks like a "big" deal to him/her.. and is anxious about being 'played' by a seller in the worst financial crisis since the great depression if not greater. Am I the only one who sees the stupidity in being a lemming? And if you are going to be lemming and gonna catch that knife, why oh why in the world would you have your heart set on ONE? ?????? It's like going into a Ferrari dealer and saying I want this this this this this.. .and then when Guido says list + $50K... crying over it.... YOU WANT A DEAL... .then search far and wide and open your f'n eyes to the market.... clearly IT IS A BUYER'S MKT, no sexposer?

Forget my f bombs and all my "on-line" personality and SEE THE F'N message.. I'm YOURZ UNICORN

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Response by evnyc
about 16 years ago
Posts: 1844
Member since: Aug 2008

http://franchisessentials.files.wordpress.com/2009/06/unicorn.jpg

Something about unicorns is just endlessly hilarious. I think I actually had that My Little Pony....

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Response by evnyc
about 16 years ago
Posts: 1844
Member since: Aug 2008

CTHomeowner, my apologies. W67th is sort of like your weird uncle - some sage advice wrapped in socially inappropriate language and occasional lunacy. Maybe not everyone has a weird uncle. Anyway, unicorns have become a running joke.

I concur with the advice given here. There's no reason to continue playing footsie with a nonresponsive seller. Either get the deal legalized, or move on.

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9877
Member since: Mar 2009

"romary move on - too klugey."

Computer science major pre-1990?

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9877
Member since: Mar 2009

It sounds to me that the seller is generally unhappy with the deal (it took you all Summer to negotiate the price?). Look at the Kübler-Ross model, commonly known as the five stages of grief:
http://en.wikipedia.org/wiki/K%C3%BCbler-Ross_model

I don' think he's truly reached the last stage yet (acceptance).

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Response by CThomeowner
about 16 years ago
Posts: 3
Member since: Sep 2009

Thanks to all for the advice. I withdrew my bid this afternoon. If the seller really wants to sell, he knows where to find me.

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Response by drdrd
about 16 years ago
Posts: 1905
Member since: Apr 2007

That's what I'd have done; go find yourself a MUCH better place!

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Response by Fluter
about 16 years ago
Posts: 372
Member since: Apr 2009

Good move CThomeowner!

{Manhattan real estate agent.}

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Response by falcogold1
about 16 years ago
Posts: 4159
Member since: Sep 2008

CThome,
When they do call you, and they will, tell them the deals on for 50K less.
Let them hem and haw...
Relent...to 49K less.

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Response by drdrd
about 16 years ago
Posts: 1905
Member since: Apr 2007

Yeah, they tried to stick it to you, stick it to them; payback's a bitch ;-)

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