
Real estate contracts are all about terms and conditions. Each paragraph represents an item that needs to be reviewed and understood by both parties to the transaction. In Virginia our contracts are long and complicated. Different localities in Virginia also have addendums to the contract which create and additional layer of complexity.
As agents we need to make sure that we have dotted our i's and crossed our t's. We need to explain to our clients all of the various contingencies that the contract provides. The simplest of mistakes can cost clients thousands of dollars and perhaps even worse the home of their dreams.
One of the easiest parts of the contract is the sales price. Or one would think so. It says clearly SALES PRICE in big letters on page one of the contract. No debate other than if someone doesn't read what they have initialed and signed on a contract. Except this week it seems a buyers agent apparently told his client and their mortgage company that the SALES PRICE on the contract was not what was initialed and signed but a LESSER amount.
When the loan paperwork arrived at the settlement company the round of phone calls began. First there was the horrified gasps from the settlement company, the "you have got to be kidding me" from the listing agent and "the but the sales price is really less because we are getting closing costs" says the buyer's agent. WHAT?
Even the broker said this was a first. Needless to say the scramble began. Calls to the settlement company, calls to the mortgage company, calls back and forth between the agents and brokers. Countless hours spent in trying to salvage the deal. The buyers wanted the house and of course the seller wanted the deal finalized.
In the end a number of compromises were made so everyone could walk away from the settlement table with a completed deal. The buyers agent has learned an expensive but valuable lesson. When the contract says X dollars next to SALES PRICE that is the price the clients are expected to pay for the home.
Just another day in real estate!
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I don't understand how it happened but I am sure that was a long day at the closing table.
Wow! You are right, another day in real estate where everyday we learn different things, scratch our heads, shrug our shoulders and pray it is only a bad dream! LOL! Pinch me!
That is a first. Ususally it's the other way around. My sister's buyng a home from a new home builder that's a close out and is completley finished. They negotiated a price but when they went to sign the paperwork it was a little higher.
Cindy I am so glad to see I am not the only one who has to educate agents!
Oh my gosh! That's a new one for me - glad you were able to hold the deal together Cindy - it could have been tragic. I have a buyer's agent on one of my listings that is paying out of pocket for a home warranty because neither he or the buyer realized that they wrote the contract indicating the buyer would pay for it. Details, details, details!
Melody-I'm still not sure how it happened either. But fortunately for everyone there was an appraisal that provided the lender room to increase the sales price to the contract price :-)
Jim-today is another bad day dream which I'm sure will inspire a blog when it gets resolved. A reporter from the Washington Post last week asked me about working with foreclosures and I said I enjoyed the challenge. It certainly is adding a new dimension to what might be just an ordinary day.
Joe-hope she got the issue resolved to her benefit.
Jeremy-I know there are lots of agents who are also going through some of the same trials and tribulations. There are plenty of learning experiences for everyone.
Lisa-this agent ended up paying more than a home warranty :-)
Cindy - we do indeed need to be careful that each line is read carefully and the contract is executed properly....that is what our clients expect of us and is why we are the professionals! great post!