Recourse against a dishonest buyer in an RE transaction

Recourse against a dishonest buyer in an RE transaction

Member since 2019 · 10 posts · 0 votes

A bit of backstory. Back in November I decided to sell three rental SFH's that I owned and was renting to long term renters. The properties are in distressed areas and after owning them for 15yrs, I made the decision to short sale the properties. I identified a buyer who made a cash offer. Over the course of the ensuing six months, I work through the very challenging short sale process, massive amounts of paperwork and the engagement of attorneys, banks, negotiators, etc...

During this entire time, this incredibly dishonest and deceitful buyer is limping along through the process, making counteroffers at the very last moment, ghosting for long periods of time and generally displaying a total lack of understanding any part of the transaction.  The best was the month long trip to Australia where he was going to be completely unreachable and unavailable despite being told that deadline to close was at the end of the month.

After pleading with FNMA for an extension, my attorneys kept trying to schedule a date to close.  At the point where we're only a couple weeks away from closing, we get a vague reference about the need for bank appraisals.  Meaning that he was now changing his financing months down the road to bank financing, from a cash deal.  There was no communication and explanation what was happening and why, but simply asking for access to the properties for appraisal.  Questions about why or what was happening went unanswered.

Last week, I was told that a decision by their loan committee was imminent and that we could close just within the deadline.  Monday, Tuesday, no response from their side.  Total silence. Finally their paralegal makes some vague reference that they didn't get the loan, but she's not sure.  The RE agent that put the deal together and was working for the buyer finally answered my call and was silent and just kept mumbling I'm sorry.

tl:dr  Scumbag buyer put offer on short sales, strings the process out for six months with no intention of competing the transaction

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  • Real Estate Broker · Miami, FL · Member since 2018 · 236 posts · 99 votes
    7y

    @Mark Blaz All those specifics should be in your contract with the buyer. Usually in this situation buyer has defaulted and looses all the escrow deposit. Also the financing option or cash option should be on the contract to avoid these issues. Not sure what type of contract was accepted for all 3 properties but like I mentioned before all the contracts I have used or seen protects sellers from this type of situation. Maybe your attorney can go after the buyer. Good luck!

  • Rental Property Investor · TX · Member since 2019 · 303 posts · 364 votes
    7y

    @Mark Blaz 

    Welcome to BP. How does one own 3 properties for 15 years and end up needing to short sale them? Kudos to you for getting the lender(s) to go for that. Sounds like the properties are probably good deals if they're being shorted. Why don't you put them up on BP?

    If the buyer does not show up / perform at closing that's a breach of contract... you keep their deposit and re-list the properties. Simple.

    A portfolio deal should have had 10%-20% down. That is yours to keep when the buyer fails to perform. If the buyer only put $500 down, then that it is on you. (That is the amount you agreed to keep in the event of default when you entered into the contract.) In most states, buyer's cannot change from a cash offer to a financing offer it the they signed a contract to purchase stating that they were not getting financing. You would have to agree to a change (by adding an addendum), in writing. You also should have had verified proof-of-funds early on in the first week or two of the deal.

    Never extend closing. I have had that pulled on me many times. I always deny, and somehow, the buyer always seems to pull it together in time.

  • Member since 2019 · 10 posts · 0 votes
    7y
    Originally posted by @Steve Hall:

    @Mark Blaz 

    Welcome to BP. How does one own 3 properties for 15 years and end up needing to short sale them? Kudos to you for getting the lender(s) to go for that. Sounds like the properties are probably good deals if they're being shorted. Why don't you put them up on BP?

    If the buyer does not show up / perform at closing that's a breach of contract... you keep their deposit and re-list the properties. Simple.

    A portfolio deal should have had 10%-20% down. That is yours to keep when the buyer fails to perform. If the buyer only put $500 down, then that it is on you. (That is the amount you agreed to keep in the event of default when you entered into the contract.) Buyer's cannot change from a cash offer to a financing offer it the they signed a contract to purchase stating that they were paying cash. You would have to agree to that, in writing. You also should have had verified proof-of-funds early on in the first week or two of the deal.

    Never extend closing. I have had that pulled on me many times. I always deny, and somehow, the buyer always seems to pull it together in time.

     Like I had mentioned, these properties are in distressed areas and got decimated after the crash.  Renters were government subsidized, so I could limp along and pay down the principal with rental income, but the values are never going up again.  From a tax perspective, short sales made a lot of sense as I stood to get killed on depreciation recapture especially.

    Proof of funds were provided.  I was never told that financing was changing.  Earnest money in Illinois is 3%, so there is that, but it's not much.

    This buyer did pull things together, albeit with extreme incompetence at every deadline, which is why I thought we'd end up closing

  • Member since 2019 · 10 posts · 0 votes
    7y

    So very interesting, I see that my ghost buyer is a frequent poster on this site.

    https://www.biggerpockets.com/users/BeePee#0

    I would not take any advice or do any business with this guy.  Completely unprofessional, incompetent and dishonest

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