I have a property that I'm getting ready to get under contract today. The only catch is the seller doesn't want me to show the property until we basically close on the house. What do I do in this situation?
I have a property that I'm getting ready to get under contract today. The only catch is the seller doesn't want me to show the property until we basically close on the house. What do I do in this situation?
You will probably never wholesale it.
Only though that I have is maybe video everything during your inspection period.
So are you telling me that if I can't show the property to potential buyers, then it's basically not a deal?
Mike,
Would you buy a deal without looking at the inside?
I'm not saying it is impossible, but it is risky at best. Perhaps some other BP guys can help you with this objection.
You could certainly do it if it is at some unreal low price, but why would leave that on the table?
The bottom line here is that you need to overcome this objection. Call them contractors or whatever but you will need to show it.
Hi Mike,
I'm assuming you have been inside the house. If so, do you know why the seller doesn't want you to show it until you're closed? If you can figure out the problem then you might be able to figure out a workaround. Sounds like he might be living in the house? What about your "inspection" period, is there one in your contract?
Sounds like you need a term or condition to put in the contract that is based on the vacancy date and your satisfactory inspection after it's been vacated.
He is selling the property for his mother and there is a family member living in the house. I have not saw the property myself but i sent my contractor out to look at it.
Mike,
Something doesn't sound right. Is this family member going to leave when it closes? Have you asked the owner this question?
Seems odd that the seller won't let you see it. If you are solving his problem, then why wouldn't he?
My experience is that either there's something going on with the house OR (likely) the tenant.
In fact, you did say this was a probate deal. Whats the "family member's" relationship to the deceased owner (decedent) and the estate? Could be trouble. Particularly if the Rep. of the estate is selling without the consent of an heir. Get ALL of the details. If there are legal issues, consult your attorney. Don't know if you have one but if you don't, consult the title co. Most of them up here are ran by lawyers who know more about what's legally required in a deal than the real estate attys. representing the buyers and sellers.
Now let's say we get past all of this and I would still like to sell the property. Would I be able to purchase the property with hard money and then resell it to a rehabber? I know that would be an expensive way to do things.
Oh yeah I just got of the phone with the seller, he said that he wants to get rid of the property because he know his mother won't do it herself. But he said that he could sell her on it that's why he is stepping in to get this done. He also is a foreclosure attorney and he said the reason he doesn't want me to put a lock box on the property is because he knows that people sells contracts to other people and he just wants the deal to be smooth.
Does this attorney have POA(Power of attorney) for his mother?
Sounds like he doesn't want you to wholesale the property. I say that unless you're working hand in hand with a rehabber who you can bring in as your "partner" or "contractor", move on.
Mike,
WARNING WARNING WARNING be very very careful here. You do not want to walk into a hornets nest. He can have Power of Attorney, BUT unless her Doctor has declared her mentally incompetent it will not stand up in court. It sounds like she doesn't want to sell her house and he is forcing the issue. I have POA with my grandmother and I am very familiar with this. DO NOT MOVE FORWARD UNLESS YOU SEE SOMETHING FROM THE DOCTOR DECLARING HER INCAPABLE OF MAKING HER OWN BUSINESS DECISIONS; HENCE INVOKING HIS POA. Sorry for the caps but cannot stress this enough.
Sherry Lewis, New Days Real Estate Investments, LLC
E-Mail: workingtogether@newdaysrei.com
Website: http://newdaysrei.com
Sherry Lewis
"Planning Today for the Future"
workingtogether@newdaysrei.com
To add, I am not a lawyer, but I sure would consult with one. This could be huge trouble
Sherry Lewis, New Days Real Estate Investments, LLC
E-Mail: workingtogether@newdaysrei.com
Website: http://newdaysrei.com
Sherry Lewis
"Planning Today for the Future"
workingtogether@newdaysrei.com
Sherry,
You are talking about the wrong POA. Look up a durable POA and you will understand the difference between a springing (what happens if) which goes into effect if they are incapacitated and a durable POA which is basically invalid if the person is incapacitated.
If the person is not incapacitated and it is a durable POA it is the same as the owner signing the agreement.
Bottom line is title insurance will cover this before closing anyway.
Sorry Mike...I agree with Ibrahim. He's an attorney. Do I dare say it...I think he's working you.
I may be totally wrong and please BP'ers, if I am, tell me.
Chris is right too. POA for this transaction is legal. Going through one myself right now.
Mike,
I would write in the contract that you need to have scheduled times to show potential partners, contractors, insurance reps, etc..
If they will not have it, the deal needs to be REALLY sexy to just take pics and a video of to move it.
You may want to ask what their reasoning is. It may be something you can easily overcome.
Good luck :mrgreen:
Rob Gillespie, Rob The House Guy, LLC
E-Mail: rob@robthehouseguy.com
Telephone: 330-800-9043
Website: http://AskTheHouseGuy.com
Rob@RobTheHouseGuy.com 330 800 9043
AskTheHouseGuy.com
RobTheHouseGuy.com
Hi Mike,
Be very careful with this and take Sherry's advice.
If he is not OK with showing the property, he is not being upfront with his mother. Unless, he is OK with you showing the property but he does not want you to put a lockbox on the door for his mother's safety and/or theft.
BTW, my hardest deal ever was an attorneys house.
This is a buyers market and you need to remind him of that.
If it was me, I would let him know that I am going to wholesale the property to investors that I already have relationships with. Most attorneys do not understand wholesaling and they think it is unethical. You do not want to be defending yourself against an attorney, just fyi. If he is not OK with that then move on to another deal and stop wasting your time on this one.
If this is that great of a deal then here is the answer:
1. Do a walk through of the house with a video camera, record it.
For example, go here: [REMOVED]
2. Order a full inspection (this would cost you money or better yet, ask him to pay for it for inconveniencing you)
3. Create a flyer for the property
With those 3 things you can wholesale a property to most savvy investors. I have bought many properties sight unseen, looking at those 3 things and only do an inspection right before closing and even that was done by my contractors.
Good luck
Mike, No one here will say it so I will. You should walk away from this deal and find one that will go a lot more smooth. If its this complicated then its not the right deal. NEXT!!
Curt Davis, buyMemphisnow.com
E-Mail: crtdavis@gmail.com
Telephone: 901-881-0552
Website: http://www.buymemphisnow.com
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