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Forums » Real Estate Deal Analysis and Advice » Trying to get earnest money back on REO

Trying to get earnest money back on REO Subscribe to Trying to get earnest money back on REO

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Real Estate Investor · Madison, Wisconsin


I've had an accepted offer on a 4 unit in WI since Dec.
Purchase price=$160k Fully rented gross rent=$2900, repairs of $5-10k needed, earnest money=$3k

I had a local bank lined up that was willing to loan 80% on appraised price as opposed to purchase price. We thought that the appraisal would come in over $200k, however, appraisal came in at $160k due to some repair issues as well only 3 units currently being rented. In general the bank just isnt' interested in this area due to there being a lot of other REOs in the area.

I had a 90% financing contingency in the offer. My bank plus all the other banks in town will not loan on the property unless I put 20% down. So I have been trying to get my earnest money back since I could not meet my financing contingency. The asset manager is refusing to sign the CAMR and is instead trying to offer me financing.

I am not interested in financing the property with the asset management company and want to move on to another property since this one is not as good of a deal as I once thought. I've already sunk $750 into an appraisal and inspection.

I've already contact an attorney to help. He is on vacation till next week but has experience fighting against the asset management company so I am willing to wait till he gets back. I was hoping to avoid spending $600 to get my $3k back.

Wondering if anyone has any other ideas or suggestions. I'm all ears. It's amazing how much you learn from finally jumping in and trying to do a deal as opposed to just reading about things.


Real Estate Investor · Wheat Ridge, Colorado


Typically there would be a "loan commitment deadline" in the contract. Are you past that deadline?

If the asset manager is willing to give you a loan at the terms specified in the contract, why not proceed with the deal? If, based on this new appraisal, you believe the property is not worth as much as you thought, then try asking the seller to reduce the price. I used this strategy successfully on a REO deal where the appraisal came in at $120K and I was expecting $130K. We asked the seller to drop the price $7K and said we could proceed with closing in one week and would remove all contingencies if they did. They did and I bought the house. In that case, we were still before the loan commitment deadline, and my lender would not fund the deal with the appraised price, so backing out on that basis was still an option. My agent wrote up an amend/extend for the reduced price and a return of earnest money form. He told the listing agent "you choose."

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Madison, Wisconsin


Jon
The loan commitment deadline was the closing date, which was Jan 25th. I have thought about asking for a reduction in the loan price. However, I doubt they will fund 100% of the deal. With a new baby and my wife deciding to stay home, I would rather keep extra money in my savings account than fund a deal that I am not as confident in. The extra insight from the appraisal and bank has made me think twice about the area that this property is in. I think I would have to get the property for a bigger discount to feel comfortable putting 10% down.


Real Estate Investor · Wheat Ridge, Colorado


Since you're past your loan committment deadline, that's not an out for you. If they come though with funding that meets the terms of the contract, I think you may be stuck with losing your EM. That's probably better than being stuck in a deal you don't like.

Does you contract specify "liquidated damages" or "specific performance"?

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Madison, Wisconsin


Jon-
To clarify since I don't think I was clear. I delivered to the seller a notice from my bank denying the loan before the loan commitment date. The seller offered financing over 10 days later but did not state the terms of the financing. The contract is a standard WI real estate OTP which specifies "liquidated damages" and "specific performance".

The attorney I spoke to did a quick review and was confident he could get my money back. I was just hoping to avoid the fee.

I guess in the end I have the feeling that it would be better to lose a small sum of money than stick money into something that I now feel is not as good of a property. Trying to stick with the numbers and not emotions.


Real Estate Investor · Wheat Ridge, Colorado


The contract should specify either liquidated damages (they keep your em) or specific performance (they sue to force you to buy). Not both. In standard contracts it'd often a checkbox, and you pick one or the other.

Have you (or your agent) just requested the return of the EM? Have they refused. If so, then it might be attorney time. I'd try again just stating you provided the loan denial before the deadline and you would now like the money back.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Madison, Wisconsin


The WI contract actually allows for 1 or the other or both. Yes, we have requested the earnest money twice and have highlighted the fact that we were not able to meet the financing contingency and therefore should get the earnest money back. We threatened an attorney the first time they didn't sign but were told by the listing agent that we would be going overboard, no problem, they would sign. Well, after a second try to get them to sign we are probably at the point where an attorney would help.


· San Francisco, California


Bill,

I have learned a few things reading about this post so - not in vain.

It sounds as though regardless of exiting the deal, you are down to about 50% of the EM anyhow (inspection, future legal fees). Does the increased DP lead to negative cash flow?

Another question is the difference in appraisal. $30,000 being accounted for due to one vacancy strikes me as odd. If you estimated $5 - $10,000 in repeairs that's the remaining balance from $200k to $160K.

Also, to the root issue in this question - liquid savings. It sounded as if this was a buy and hold (landlord) since you mentioned gross rentals. In that case, the initial investment was going to be "repaid" through monthly rent receipts.
It is also much more challenging to sell a multi-unit than a SFR, so the exit strategy would need to contemplate a longer transition. Was your strategy hold for a year, improve price through appreciation, then sell?

As to the purchase, if worth $160K and in an area that the bank sees as "risky" were there no discounted multi properties on the market?

Depending on additional taxation issues, repairs, and (in this economy) the potential for eviction actions/nonpayment it may be a better option to have lost out even the EM than your shirt. It may have been fully possible even with the DP to your satisfaction the remaining saviings may have been highly exposed to loss.


Real Estate Investor · Madison, Wisconsin


David-
You bring up some good points and they are related to some of the lessons learned on this deal mostly related to due diligence.
1. Increased DP would increase cashflow, but decrease Cash on cash return
2. The additional vacancy did have an affect on the appraisal. But so did the fact that the rent in the units was slightly above market. Should have known this.
3.Yes, the goal was for a long term hold with minimal cash out of pocket. $5k was needed immediately for repairs, the rest were going to be done over time as rents came in. I liked the idea of keeping a solid reserve fund in case extra repairs were needed. Putting the 10% down would wipe out that reserve and put me in a position I would prefer not to be in.
4. Yes, there were some discounted properties in the area. Some that sold for more and some that sold for less. The current ones on the market are for sale for a significantly higher price that $160. Could have done more research here.

You are correct that in hindsight this may not have been the best deal. However, for a first time investor, you can't always get into a property in the ideal location. This property is in a low/low-middle class neighborhood with an improved strip mall next to it, a new community center, and a block from the elementary and middle school. I was hoping for the neighborhood to turn around in the next 5-10 years.

Overall some important lessons were learned. I got a better idea of how an appraisal works on a multiunit, and built a relationship with a local bank. Now I just need to figure out how to fund my next deal. Either private lender or join forces with other investors. My realtor is also an investor so there are some opportunities there. Thanks everyone for the input, keep it coming.


Real Estate Investor · New Albany, Ohio


One thing for sure, If you are now unsure about the property, the area, or the rental possibilities, you should walk away. Dont try to make the deal work for the sake of the EM. Chalk it up to "cost of doing business" and when you do make your next deal, just remember it cost you an extra $3000 or ($1500 if you get half back) to get it.

It sounds like you are a new landlord. You dont want a multifamily in a poor area that is underperforming for your 1st or 2nd rental, especially if you have other obligations at home and little cash on hand if you have vacancies.

Good Luck


Real Estate Investor · Madison, Wisconsin


Agreed Greg. While I am a new landlord, I plan on hiring a property management company to take care of the day to day business. With a full time job, family, and MBA program in progress, I don't have time for tenants. :)


Real Estate Investor · New Albany, Ohio


Do your research on the property management company. Find someone that uses them and make sure they would recommend them. Just like anything else, there are some really bad ones out there.


Real Estate Investor


Your offer had a 90% financing contingency on a 4-unit, and it was accepted by an Asset Manager?!

:rock:


Real Estate Investor · Madison, Wisconsin


Greg- PM company owner was referred by my realtor, whom I trust.

Ralph- Yeah, surprised the heck out of me. Although they forced me to put in "market rate" instead of an interest rate and blanked out a few other lines as well. I turned in a total of 5 offers before accepted because they refused to counter me at all. Overall they were a pain to work with and their inability to respond to an amendment extending the closing date delayed the appraisal being ordered for 2 weeks.


· San Francisco, California


Originally posted by Bill Andrae
Putting the 10% down would wipe out that reserve and put me in a position I would prefer not to be in.
4.


Bill, it sounds like the limited capital reserves, loss of income due to the joyous occasion and etc, etc may have meant one large expense and, to be frank, kaput.

Sometimes, we win when we "lose."




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