< Back to Front Page Text size +

Booby traps in short sale contracts

Posted by Rona Fischman September 12, 2008 03:16 PM

I got an email from a reader who signed a Purchase and Sales Agreement on a short sale. He was unhappy when his agent called to say there would be a two-week delay in closing. He was paying cash. He had no lawyer. What should he do?

First thing, if you don’t hire a lawyer you should read your Purchase and Sales Agreement. Most people don’t. They almost all have an automatic thirty day extension to perfect title (get liens and encumbrances off the title.)

Some of the other things that show up in auction or short sale agreements:

1. Non-refundable deposits.
2. The investor’s right to accept another buyer and cancel your transaction at any time up to closing.
3. The investor’s right to change the price or cancel the transaction at any time up until closing.
4. The investor’s right to just cancel your transaction at any time up to closing for no reason at all.
5. The investor’s right to take as much time as they please to get back to you about any issues that come up before closing.

I strongly advise you to have a lawyer at your side if you are working with short sale or foreclosure property.

What other booby traps have sprung in your short sale or foreclosure contracts?

  • CommentComment
  • EmailEmail
3 comments so far...
  1. Three to add to the list that are common in foreclosure auction memos of sale:

    Investor not allowing the buyer any access to the property for any pre-sale inspections, including smoke certificates.

    Investor not providing a 6(d) certificate or completing condo information forms required for Buyer's financing.

    Investor ability to sue Buyer for entire contract price if he/she does not qualify for mortgage, notwithstanding that financing failure was due to investor non-cooperation.

    Posted by MWest September 12, 08 05:08 PM
  1. No lawyer? The buyer was a fool. End of conversation.

    Posted by Rich September 14, 08 05:15 PM
  1. With house prices expected to fall through 2009 and a growing inventory of unsold bank-owned properties on the market, it's hard to believe that banks are still giving short sale buyers a hard time.

    Posted by TJ September 15, 08 11:39 AM
add your comment
Required
Required (will not be published)

This blogger might want to review your comment before posting it.

About boston real estate now
Scott Van Voorhis is a freelance writer who specializes in real estate and business issues.
Rona Fischman is a buyer's agent who provides a look at the local housing scene, from basements to attics.
archives