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Mary L. Hartley

After Everything, the Buyer Walks: Now What?

What is the best route to go if the buyers lose their jobs, change their minds prior to closing or are unable to qualify for a mortgage? A survey just released by the National Association of Realtors revealed that 33 percent of the trade group's members reported transactions in which the contracts had been canceled, most often because the seller's bank doesn't approve the short sale, the home doesn't appraise at the purchase price, or the buyer's financing falls through.

ready to move Albany Oregon

What the numbers don't show is the emotional and lifestyle chaos that is caused when a buyer backs out just a matter of hours before escrow closes. Belongings are packed or even already moved, and your next home already bought or rented. That only makes the idea of now having to go through the whole ordeal of facing such a competitive listing market and reshowing and reselling your home even worse than it would have been if your buyer had backed out much earlier in the timeline.

Fortunately, you do have some rights and resources available to you. Here is a short list of items you should be aware of if you ever need to put an action plan in place for responding to being dumped right before closing.

Keep the earnest money deposit. The entire point of the buyer placing an earnest money deposit is to assure the seller that the buyer is "in earnest" about doing the transaction, justifying the seller's work and investment in pulling the place off the market, and forgoing other buyers.

Get your home back on the market, as soon as possible. Once your agent notifies the buyers and the escrow company that you plan to retain the earnest money deposit, the buyers will either authorize the escrow holder to release it or refuse to do so, and you'll have to either initiate a legal proceeding or other form of alternative dispute resolution (depending on the terms of your contract) to go about getting that cash in your hands.

Keep in mind, though, that the most important thing to do if you ever find yourself in that situation, is to get your home back on the market as quickly as possible.

What to Do: Rain for the Next 6 Weeks Solid!

I head an interesting rumor from a good source. We apparently will be having rain for the next 6 weeks solid. A dire or repetitious weather forecast of constant rain can be one of the things that make Oregon winters sometimes feel blah and monotonous. At least it isn’t acid rain or hail! There are some things you can do to cut down on the misery,that is if you are one of those who dread this long stretch of consistent rain.

For those of you who love the rain, you’ve already been handed your good news and nothing that follows will be of interest. Dealing with rain and other bad weather is an inevitable part of living in Oregon this time of year. To make it a little easier for you, this is an unofficial analysis of coping mechanisms to consider using to make yourself and your family more comfortable through the long stretch.

The Cold

dog snuggledKeep handwarmers and footwarmers in the ‘staging area’ your family uses to prepare to leave the house. If you peek outside and note the car is frozen solid, perhaps the kids would like some warmers in their pockets for time spent outdoors. Alternately, the weather can change quickly to cold toward the end of the day when you are away from home.

If you had some warmers in the car that would be a welcome gift to allay a little misery for yourself when the occasion presents itself. At home, make sure you have a couple cozy blankets in your living area to snuggle under until the heat kicks in to make the space more comfortable.warmers


The Damp

Go to Bend and you won’t feel it. That insidious damp feeling which can make it hard to get warm and stay warm. If you have wood heat at home, you may not be as aware of this feeling because your home space tends toward being dryer. Here are some simple, fun and a wacky ideas for dealing with the damp.

Throw your clothes in the dryer to start the day warm and cozy or give them a whirl in the dry warmth upon arrival home while you throw on a robe and make a hot drink.

Get rid of cold clammy feet with a space heater under your desk.

Work out early in the morning to get your core body temperature up, at least for a while. Follow with a long warm shower.


caribbean musicSome people swear by tanning. The short dark days are a little bit alleviated by some warm bright light, they say.

If you can, take a trip somewhere tropical. Sign up for alerts from Priceline or another information service for great deals.

Watch a movie with a tropical setting under a warmed blanket.

Listen to music that reminds you of summer, the islands and being warm.

Close all the blinds in the house to create a cozy cave and turn on all lights to make your own bright little world.



Bad Hair Dayswindblown

Let’s talk reality. It’s Oregon. There is going to be wind and rain. It’s an even playing field because everyone has to make the dash to the car and the dash into the office. However, some good hairspray and the self control not to touch your hair too much after it is dampened will keep you looking better than most.

In the end, we are left to understand that we just can’t control it all. Especially the weather!

Upcoming Children's Performing Arts Events

The following are upcoming events put on at LBCC and are perfect for young families. Here is the schedule through February:

lbcc theater showings 2012

Valentine’s Pigs-January 21st LBCC Forum at 10 a.m.

A fast-paced act of miniature pigs doing tricks and incredible athletic feats is all part of the fun when you join us for Valentine’s Performing Pigs! As music plays, the dazzling swine’s dance, jump in the air, play catch with the audience, run up teeter totters, slam dunk basketballs, pop balloons, roll barrels, and madly roar across the stage on scooters and skateboards! Audiences go HOG WILD!

Angel Ocasio-February 4th LBCC Forum at 10 a.m.

“Komedy 4 da kidz” is a high energy, very funny, one-man variety show, perfectly suited for family audiences. This wonderfully interactive performance combines physical comedy, jokes, juggling, object- balancing, comedy magic, and impromptu comedy situations. Angel brings 25 years of comedy experience to this fun-filled show of hilarious antics.

The Alphabeticians-February 18th LBCC Forum at 10 a.m.

The Alphabeticians love playing quirky, funny, upbeat songs for kids and families. Mr. Hoo and Mr. E combine humor, clever songs, interactive elements, and an all around great stage show to entertain people of all ages. Adults will have as much fun as the kids!

Did you know there is a Dangerous Dog Work Group in Albany, Oregon?

Dangerous Dog Work Group

Short-term work group to review changes to Albany’s dangerous dog ordinance. Ex-officio members include: Jim Delapoer (City Attorney), a representative from Albany Police Department, a representative from OSU College of Veterinary Medicine, a local emergency room physician, and Marilyn Smith, (City’s Public Information Officer).

Below is a sample from an agenda to give you an idea of the kind of problems they discuss and solve. Interesting, and I am glad we have people with expertise to sort through real and frightening situations.

Winter Break Events for Kids Near Jefferson, Oregon this Month

One of the things I like to do on my blog is provide useful community information in the market areas I serve. For friends and clients north of Albany, I thought you might appreciate knowing about the fun stuff happening in Jefferson, Oregon this month. This link will take you to a direct calendar link to some very creative and worthwhile activities children will enjoy.

Here is one example:

Wednesday December 21, 2011 at 01:12pm make tamales with kids oregon
A.C. Gilbert's Discovery Village
116 Marion St. NE
Salem, OR 97301
See the full event listing at

Winter Break Playshop: Tamales in the Kitchen:Wednesday, December 21, 1?3 p.m. The holidays are all about family traditions. For many, gathering together to make tamales is an exciting part of holiday festivities. Learn how to make two types of tamales and take home delicious tamales, salsa and the recipes. Knead dough, prepare cornhusks and combine traditional ingredients during this family-friendly playshop. Ages 6 and up, with a parent or caregiver. $28 members per parent-child/$38 nonmembers per parent-child, $7 per additional child, two additional children per adult. A.C. Gilbert?s Discovery Village, 116 Marion St. NE, Salem, OR 97301. Info: 503-371-3631 | info@acgilbert.org | www.acgilbert.org.