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If an apartment listing says, "In Contract,"...

Started by rlmnyc
about 16 years ago
Posts: 273
Member since: May 2009
Discussion about
...what's the likelihood in this environment that it will go through? I'm wondering specifically about 161 West 75th Street #2F. Thanks in advance for feedback.
Response by manhattanfox
about 16 years ago
Posts: 1275
Member since: Sep 2007

pretty apt. Tell the seller's broker you are interested in a back up.. I had three bidders on my unit on the same day at the same price. I accepted the, in order of offer and the third one was the one who went to contract! You never know...

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Response by truthskr10
about 16 years ago
Posts: 4088
Member since: Jul 2009

Cute apt. There is a lot of interest too as there are 46 people who have that listing "saved."

Coop experts...what is the procedure? Can a seller submit 2/3 interested parties to the board for approval at the same time?
And if so? Advantage? Disadvantage? Might a board disapprove someone they may have approved because one of the three look much better?

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Response by ph41
about 16 years ago
Posts: 3390
Member since: Feb 2008

truthsker10 - usually the board only looks at a package from a buyer in contract, and you really can't have more than one signed contract at a time ()duh).

The only thing a seller might do is run the prospective purchasers' financials/details past a board member (before contract) to determine if one buyer would have a better chance than another to pass the board.

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Response by rlmnyc
about 16 years ago
Posts: 273
Member since: May 2009

Thank you much! Extremely helpful. Will ask my broker to investigate.

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Response by truthskr10
about 16 years ago
Posts: 4088
Member since: Jul 2009

Yes but my question, might putting another potential buyer who is better suited to the board's taste put the kibosh on someone who is borderline, thereby turning 2/3 suitors into 1.

I realize there is no definitive answer but it is a judgement call maybe on a case by case basis.

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Response by rlmnyc
about 16 years ago
Posts: 273
Member since: May 2009

That's a good question, truthskr10. Yes, we're probably excellent candidates to be approved for this apartment, but I'm reluctant to compete with a buyer who's likely already put in a great deal of effort to make this deal happen. Does that make me naive? Also, I don't know what we'd be prepared to offer, not having seen the apartment. I'm more bothered by the fact that our broker didn't suggest this apartment to us, when it clearly is within our desired parameters. Maybe it's time for a new broker?

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Response by LP1
about 16 years ago
Posts: 242
Member since: Feb 2008

wow, beautiful apt.

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Response by manhattanfox
about 16 years ago
Posts: 1275
Member since: Sep 2007

....but if you ding the guy in contract for the preferred person wiating in the wings -- the person in the wings gets huge leverage and you could end up with two birds in the bush and a bunch of poop on your hand!

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Response by ph41
about 16 years ago
Posts: 3390
Member since: Feb 2008

truthskr - it "might put the kibosh" on another prosepctive buyer, but, frankly, it is up to the sellers to determine who they think is the more viable candidate, if they have more than one offer in hand. And rimnyc, you really can't compete, as you haven't seen the apartment, don't know "what we'd be prepared to offer" so you're not really a serious prospect for that apartment.

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Response by aboutready
about 16 years ago
Posts: 16354
Member since: Oct 2007

the listing says it went into contract seven weeks ago. the only thing you could do now, i would think, is have your broker call the listing broker and let them know that if it were to fall through you'd like an opportunity to see it.

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Response by ph41
about 16 years ago
Posts: 3390
Member since: Feb 2008

AR - good suggestion

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Response by rlmnyc
about 16 years ago
Posts: 273
Member since: May 2009

True, all. I don't want to muddy the waters--I just want to know if the sale doesn't go through so we can get a shot at it. And what about my growing frustration with my broker for not letting us know about this listing? Isn't that what a buyer's broker is supposed to do? Or am I seriously expected to conduct my own search as well?

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Response by Miette
about 16 years ago
Posts: 316
Member since: Jan 2009

Maybe simply ask your broker why you weren't shown the listing? There might be something about it he/she thought you wouldn't like that's not apparent from the photos.

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Response by aboutready
about 16 years ago
Posts: 16354
Member since: Oct 2007

were you looking for a true 2 bedroom? because this is a one bedroom that would need to be adapted. i would ALWAYS suggest that you spend some time once in awhile looking at listings. only you know which compromises you might be willing to make under certain circumstances.

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9876
Member since: Mar 2009

"Yes but my question, might putting another potential buyer who is better suited to the board's taste put the kibosh on someone who is borderline, thereby turning 2/3 suitors into 1."

As I mentioned in another thread, one has to worry about "good faith" and tortious interference.

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

only things that can happen are....buyer doesnt get mortgage or board turns them down...other than that...a contract is a legally binding agreement and if the buyer backs out for any other reasons than those just stated....he/she will forfeit the 10% deposit......im not an expert but this is how i believe it works...

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9876
Member since: Mar 2009

purchaser could die or lose their job (which would trigger board rejection or loss of financing, so I guess they are subsets of those).

Or befall some terrible accident.

On a more serious note: if you want it that badly, you could try to buy their contract (have them assign it to you for some consideration). Although almost 100% for sure their contract reads as not assignable, if everyone was getting something out of it........

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9876
Member since: Mar 2009

Or there are some Russians in Brighton Beach.......

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Response by rlmnyc
about 16 years ago
Posts: 273
Member since: May 2009

Actually, I spend a fair amount of time searching for listings. What I've found is that I'm often the one who's bringing properties to my broker's attention, since she's supposed to contact the seller's broker. I tend to define my search by open houses, so I guess I'll have to broaden my search criteria. To miss out on such a lovely apartment when our broker periodically sends us such crap is disheartening.

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Response by rlmnyc
about 16 years ago
Posts: 273
Member since: May 2009

Miette, I took your advice and emailed my (former) broker, inquiring why we weren't shown this listing. Not only did we not receive a satisfactory response, we received no response at all. Neither did she respond with any feedback from the seller's broker, as I had requested in a separate email. Instead, she sent us a stale listing today, with no allusion to the previous apartment. I figured we had had a mutual, amicable breakup. Odd and irritating.

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