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Another Unique Problem With Short Sales
May 31, 2009

I represented an out of town buyer who put an offer on a short sale. Before the offer I went over, previewed it and took pictures for them. I presented the offer to the buyer's agent and the offer was accepted and SIGNED.

I call for my inspections and how and behold when the termite inspector went to get the key out of the combo lock, there was no key. I called the buyer's agent and she said, "let me call the seller". Guess what - he decided he is not going to sell. The buyer's agent informed me well you can sue. We should have to go to litigation, and what get "blood out of a stone". I asked for the return of the deposit and guess what - the seller will not cooperate in signing the release and after much communication with the title company and an attorney, it was decided when the seller is out of contract and has not performed, they can release the deposit which was another month. My buyer who did nothing wrong has to wait a month to get their deposit back. It just isn't right.

The seller I assume from what I know had lived there seven months without paying a mortgage, figured he could wait it out until bankruptcy and live free; why sell when he isn't getting anything and would have to move and pay? I guess his credit was not good to this point and he doesn't care about bankruptcy, nor the buyer's goodwill.

This is one of the many reasons I do not like selling short sales; it is like a crap shoot.

Have a great day and enjoy!