Newbie [already] in a bit of a pickle...Could use some help.

Newbie [already] in a bit of a pickle...Could use some help.

New to Real Estate · NJ · Member since 2020 · 124 posts · 63 votes

I'll keep this as brief as possible, but I want to convey my uncertainty. FYI, this is my first purchase, and this would be a house hack (triplex).

My offer on a new construction home was agreed to and signed at the end of August, 2019. Close date was set to be November 30th. Then December. Then January....long story short, it's still not done. Everyone in this transaction has been AWFUL (with the exception of the lender). My realtor disappeared for months without a single update, I had no ability to contact the seller or seller's agent, the lawyer (recommended by my realtor) wasn't returning my calls. Basically, for two months, the supposed close date came and went, and I could not get a hold of anyone.

Finally, I heard from the realtor who advised it was the city's fault (permits, etc.). Point here is this: At the end of this month, I can legally back out of this contract with no penalty. The house is still several weeks (at the earliest) away from being done, and with everything going on with the economy starting to recede, pre-foreclosures in my area are sky-rocketing, I'm wondering if backing out is the best idea?

My biggest fear is I'm about to buy a house that will be worth far less in a year, and I won't be able to find tenants to fill the units (need to fill two). Sure interest rates are low, but if I can't find good tenants this will be for nothing. Also, if the market starts going south foreclosures will rise and deals will be aplenty....but I would have already put all my eggs in this basket.

Am I being paranoid, are these concerns legitimate, or something else? 

I could really use some advice. Thank you!

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
6y

Thoughts:

1. What gives you the idea that foreclosures are skyrocketing in your area?

2. If the fundamental numbers worked when you went under contract, what makes them not work now? What evidence do you have that it is now a bad deal? Was it always a bad deal?

3. If you had a closing date of November, why is it that you can only now walk away? Did you agree to extensions in writing?

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  • Rental Property Investor · Collingswood, NJ · Member since 2016 · 282 posts · 116 votes
    6y

    @John Walter Wow that sounds like a painful process.. would have made me pull all my hair out (if I had any left haha)

    I am in a similar situation as you, under-contract on my first house hack and have had similar thoughts in my head the past couple days. In my opinion, I feel as if it's a good deal you should have nothing to worry about. Prices are always going to go up and down and there can always be a reason to not get started. 

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y

    Thoughts:

    1. What gives you the idea that foreclosures are skyrocketing in your area?

    2. If the fundamental numbers worked when you went under contract, what makes them not work now? What evidence do you have that it is now a bad deal? Was it always a bad deal?

    3. If you had a closing date of November, why is it that you can only now walk away? Did you agree to extensions in writing?

    Skyline Properties
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  • Real Estate Broker · Kansas City Metro · Member since 2015 · 2k+ posts · 1k+ votes
    6y

    @JD Martin walk away as quickly as you can. This seems way too complicated and much more than it should be.

  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y
    Originally posted by @Alex Olson:

    @JD Martin walk away as quickly as you can. This seems way too complicated and much more than it should be.

     Wrong guy. You mean the poster I believe.

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  • Real Estate Broker · Kansas City Metro · Member since 2015 · 2k+ posts · 1k+ votes
    6y

    @JD Martin yes sorry!!!

  • New to Real Estate · NJ · Member since 2020 · 124 posts · 63 votes
    6y

    @Kevin Zolea what part of NJ?

    @JD Martin hey JD,

    1. From researching foreclosure trends for Elizabeth, NJ. They have been up for five consecutive months even before this whole virus issue started. 
    2. It’s not so much a bad deal as much as my worry that a downturn is coming in the near future and it will sit vacant for longer and the value will decline. The vacancy is my biggest worry. 
    3. Because it’s a new construction, the original close date was supposed to be November, but the builder technically had until the end of March to finish without any penalty. Before I agreed to this, I asked my attorney if we could write up some sort of penalty if they didn’t finish by then but he advised a builder would never go for it and I caved. Here I am, several months later in that exact scenario. 
    I just don’t know what the possibilities are. Can I renegotiate, should I just keep quiet and keep accepting delay after delay, something else entirely?

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    6y

    If you could leave the deal with no financial loss, I probably would. Not because of the virus but because of how much you have been jacked around up to this point. Sounds like a really unprofessional bunch and I would have pulled the plug prior to now.

  • Contractor · Chicago, IL · Member since 2017 · 102 posts · 181 votes
    6y

    @John Walter

    I think its unusual that you've had to wait this long to back out of a contract with no penalty. The realtor and lawyer probably know each other and the lawyer isn't protecting you.

    Beyond all of that, from a construction point of view: a property that is riddled with permit and inspection related delays will not be a good end product. It sounds like sh*t construction that they're trying to get a grip on. I would take that very seriously. The second you close that builder will be gone. Or he'll be around just long enough to sell his other units and then he'll be gone.

  • Real Estate Broker · Denver, CO · Member since 2018 · 29 posts · 22 votes
    6y

    Hey John. What do you mean by the home was agreed to and signed the end of August? Did you have to put down earnest money for them to build the home? My reccomendation is to not close on this property. Reasons are:

    1. If they are that far behind schedule that shows they are struggling to find quality contractors to build the home and it could be disasterous in the long run.

    2. If their is about to be a recession, your newly built home would likely be worth less than you paid for it and if you can't find quality tenants for the other 2 units you may not be able to sell it.

    If you do choose to go forward with the process, beware of other costs that the builder may not cover. Get a home inspection before you close on the property. Ask if they pay for landscaping? and is there a warranty plan? 

     I had a similar issue with my real estate agent when I was getting my home built. I had to do all the work and it sucked! But it motivated me to get my license here in Denver. I wish you the best of luck!

  • New to Real Estate · NJ · Member since 2020 · 124 posts · 63 votes
    6y

    Thank you all for the advice, this is really helping. 

    The builder would not start construction on the open lot until they had a buyer (me). Then, after the first 2-3 months went by without construction even starting they advised the city was forcing them to re-submit all of their permits. Obviously I have no idea if that is true, but it sounds like BS to me. I drive by nearly every day and there is typically 0-1 person there working, but rarely there are a few. 

    The real estate agent (who has been awful in this case) recommended the lawyer which was a huge mistake on my part to go with them but here I am. 

    Is re-negotiating even a thing here?

  • Elizabeth, NJ · Member since 2016 · 27 posts · 12 votes
    6y

    I would pay a few bucks for a consultation with another real estate attorney. You need to understand exactly what your options are at this point.

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