Seller backing out of MFH deal

Seller backing out of MFH deal

Rental Property Investor · Bellevue, WA · Member since 2017 · 26 posts · 4 votes

I am (was) under contract for a 5 unit MFH.

I was under contract with contingencies for inspection, appraisal, and financing.

Everything was lined up to close except for the appraisal. My financer charged me $850 for it, and after a week, told me that the vendor backed out and we need to pay $1400 to get it done. Another week goes by, and we hit the closing date and it passes (it was yesterday).

My agent had been trying to get the sellers to sign an extension but little did we know, they were dodging us because they actually changed their mind and did not want to sell.

So here we are, 1 day after closing, just learning all of this. I'm wondering what recourse I have. From what I can see, there is nothing I can do except get my earnest money back (which we are working on now).

Is there anything I can do (or could have handled better) with the financer? He told me there is regulation that prevents him from having control over the appraisal timeline. This makes no sense. This means every real estate deal is completely dependent upon the appraiser.

I'm sorry this thread is mostly just a rant. As long as I can get back my earnest money and appraisal fee (the appraisal never even got ordered) then I will only be out 650 for the inspection and can chalk this up to a lesson learned. (It is not clear what that lesson is, though ...)

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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
7y

I'd go one step further and say the other side has the right to the entire EM deposit, as you did not get an extension. They were under no obligation to extend the contract past the original date.

I would need more information about the way your agent handled this, but I'd be furious if my agent allowed my closing deadline to pass without informing me I should cancel the contract if I cannot get an extension. 

I am an agent (NOT soliciting) and I put all my contract dates in my calendar PLUS one day before, so we can make sure we're hitting them all and not losing our earnest money. 

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  • Rental Property Investor · Bellevue, WA · Member since 2017 · 26 posts · 4 votes
    7y

    Is it worth trying to fight this legally and force seller to close? I am thinking not, since we missed closing day

  • Rental Property Investor · Clarksville, TN · Member since 2016 · 1k+ posts · 1k+ votes
    7y

    @James Wierzba

    Ouch.

    I think you are right in not having any recourse after your side failed to perform on the contract. Frankly, I think the other side has an argument for asking for a portion of EM.

    I'd ask your lender to provide you with what regulation prevents them from having control over an appraisal timeline. That sounds like a load of it to me. Letting you down on something that big is a one time chance situation. Looking forward to your next post about commercial lender referrals!

  • Realtor · Tempe, AZ · Member since 2017 · 541 posts · 442 votes
    7y

    I would get with your lender and find out about that, that sounds really fishy. Ultimately though an entire week went by with no one finding out any answers and just letting COE lapse? That's on you and your agent IMO

    The seller may have rights to your EMD to be honest. Contingencies are in place in case the appraisal doesn't come in at value and the lender won't loan, but not for just waiting around and expecting things to correct themselves and missing key dates.

    Sorry to hear about the situation, seems crappy overall

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    7y

    I'd go one step further and say the other side has the right to the entire EM deposit, as you did not get an extension. They were under no obligation to extend the contract past the original date.

    I would need more information about the way your agent handled this, but I'd be furious if my agent allowed my closing deadline to pass without informing me I should cancel the contract if I cannot get an extension. 

    I am an agent (NOT soliciting) and I put all my contract dates in my calendar PLUS one day before, so we can make sure we're hitting them all and not losing our earnest money. 

  • Rental Property Investor · Hammond, WI · Member since 2017 · 139 posts · 217 votes
    7y

    You needed to be more on the ball on this, both you and your agent should have been in better contact with the lender.  You may have had a terrible lender, but not finding this information out is on you.  Not getting the appraisal done is your side's fault, not the seller's.  Seller has zero obligation to sign an extension if they don't want to, it's your problem to get everything lined up to close on-time, not their's.  If I was seller I likely would keep the earnest money as you're the reason it didn't close, not them.  I don't think you'll have much luck getting your EM back, nor should you if you correctly described the situation.

    The lesson learned is you need to have a couple different lenders in your back-pocket that will actually do it.  I had a 9 property deal this summer where my lender told me the day before financing contingency was up they wouldn't do the deal, I was upset but I was able to quickly switch lender's due to my previous relationships.  I scrambled and found another lender that could do it.  Got the appraisal done and still closed in the nick of time.  When I get something under contract I blast out about 10 e-mails and see who can do with rates and who will immediately order the appraisal.      

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y

    No there is no way to get the seller to perform...you were the one who defaulted on the contract, and actually might end up losing your EMD based on that depending on the language in your contract.

    In the future, day 1 order the appraisal. Know how long appraisals take in your location, and have your contingency in your contract the appropriate amount of time that is required in your location. Be aware of anything that may make your appraisal take longer, like if commercial takes longer than residential in your area, or if it were say FHA and there is a shortage of FHA certified appraisers in the area.

  • Real Estate Broker · OKC, OK · Member since 2018 · 10 posts · 3 votes
    7y

    @Russell Brazil

    Yes if your money went "hard" after your inspection period then you will lose it.

    What really sucks is these appraisers now days just take all the time they want and don't give a rat's *** about it. There's nothing we can do about it and they know it. Dodd-Frank gave the appraisers all the power and we have to put up with it. The appraiser cost you the deal. You possibly file a complaint with the appraisal board and see if it gets you anywhere

  • Rental Property Investor · Bellevue, WA · Member since 2017 · 26 posts · 4 votes
    7y

    I appreciate all of the honest feedback.

    The takeaway here for me is that I need to manage my financer better, and have backup/contingency plans.

    Luckily the sellers agreed to sign a mutual release from purchase agreement. So I will most likely get my EM back. I will only be out 650 for the inspection with a lesson learned ...

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