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Phone:617-762-4014 • Fax: 781-634-0456 |
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Not All Sellers Are Equal
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Hot real estate
markets can mean high home prices and that's
great for home sellers. But all sellers will not
benefit equally. Also, extreme markets can be
risky. Here's what to watch out for:
As tempting as it might be, don't automatically
assume that you're going to receive a huge price
for your home. The media tends to report the
excesses in the marketplace. You'll see a
listing that sold with 35 offers, or one that
sold for hundreds of thousands of dollars over
the asking price. You're not likely to find
reports about the listings that sold with only
one offer. Yet, many homes sell this way.
Even if you do receive a flurry of fabulous
offers, you could end up selling for a much
lower price. The number of failed transactions
usually climbs during a sizzling market.
For example, a home recently sold in the Oakland
Hills in Northern California for considerably
over the list price. The offer that was accepted
was $100,000 higher than the next best offer.
Within a day that buyer backed out. The seller's
euphoria waned when $100,000 of profit
evaporated overnight.
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In frenzied markets,
buyers feel pressured to push their offer prices
higher in order to be competitive. It's not
uncommon for buyers to break through their
financial comfort zone in the peak of a multiple
offer contest. After more sober consideration, a
certain number of these buyers realize they made
a mistake and withdraw from the contract.
Before you count on the proceeds from your sale,
make sure that the buyers have removed their
inspection contingency. Buyers, who are
particularly generous at the offer stage, could
end up settling the score a bit by asking the
sellers to repair defects found during their
inspections.
Sellers in this situation wonder whether they're
entitled to keep the buyers' good faith deposit
money. You'd need to consult an attorney for the
answer. If the purchase contract includes an
inspection contingency, the buyers may be able
to back out without penalty, depending on how
the contingency is written. |
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HOME SELLER TIP: Beware of offers made without
contingencies. This may seem like a seller's
dream. However, no contingency offers can lead
to trouble, especially when the buyers don't
understand what they're getting themselves into
at the time they make their offer.
For example, if the contract doesn't have an
appraisal contingency and the property appraises
for less than the purchase price, the lender
might not be willing to give the buyer enough
money to close the sale. If the buyer has enough
cash to make up the difference between the
purchase price and the appraised value, and he's
willing to do so, the sale can close. But, if
the buyer is short of cash, you may have to
reduce the purchase price to keep the deal
together.
Letting a buyer purchase your home without the
benefit of an inspection contingency can be very
risky, particularly if there were no pre-sale
inspection reports for the buyer to review
before making an offer. What happens if the
buyer finds significant defects in the property
soon after closing?
This is another legal question that requires an
opinion from a knowledgeable real estate
attorney. The seller could have liability, or
face and unpleasant legal hassle after closing.
It's best to counter an offer that does not
include an inspection contingency to provide the
buyer an opportunity to inspect.
THE CLOSING: You can minimize your risk somewhat
by providing pre-sale inspection reports. But,
these shouldn't be a substitute for buyers
having the opportunity to perform any
inspections they deem necessary.
Dian Hymer is
author of "House Hunting, The Take-Along
Workbook for Home Buyers" and "Starting Out, The
Complete Home Buyer's Guide," Chronicle Books.
Copyright 2005 Dian Hymer |
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