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Another Short Sale That Didn't Happen
May 14, 2009

I have customers from South Carolina that put a bid in on a short sale. The seller signed the listing agreement, signed the contract and we received the "short sale letter" and gave our escrow deposit to the title company. All the things we are suppose to do.

My inspector goes over to do an inspection and the seller has taken the key. I call the listing agent who says "she is having problems with the seller" and has advised him if he doesn't continue, we can sue him for the $1,000 deposit. He said he doesn't want to sell; he's been in the house for over seven months without paying a mortgage payment and decided he'll stay until they foreclose. We should have to go through the process of suing when we were well-intentioned - I don't think so.

Where did this leave my well-intentioned customers? We are waiting for a release of deposit which the seller has to sign (isn't that something) because they need everybody's signatures. That is a crock; my customer did everything and now what if the seller doesn't sign? This shouldn't have been listed in the first place.

I am fortunate that I have great buyers who said "don't worry, we'll keep looking", but why should they have to wait to get their deposit back? The listing agent should be doing something at this point. My buyers are so great they even sent me a fruit basket for my hard work!! Some people really do understand what we go through and appreciate it!

Have a great day and enjoy!!