Please advise: potential nightmare

Please advise: potential nightmare

Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes

Hello everyone,

Happy New Year to you all!

I am currently working overseas but have been watching a property in my neighborhood and waiting for it to come onto the market. The ARV is $60k, will rent for $800/mo, and the property was finally listed for $30k. I told a realtor I sometimes use that I wanted to have it inspected immediately and then I would hopefully write an offer. He went out to the house and found there was a 4 number combo lock on the door and he had a 3 number combo.

We tried to get the combo for a week with minimal response. The company dealing with the property (out of state) had it locked up. I told him fine, write an offer for me, BUT make it contingent upon the inspection (before someone else grabs it.) My mother signed the documents and I wired the earnest money. He said no problem and he finally told me my counteroffer of $27,500 was accepted on Christmas Eve. For the last week he's been out of touch and lazy. He has been very slow to respond to emails and told me not to worry and it was the slow time of the year.

This morning I woke up (Jan 1st) to an email stating that he is "very sorry" and it's "his fault," because he "wasn't paying attention and hasn't been into his office for over a week," but we have now gone through the 10 day inspection period and I can no longer back out without losing my earnest money. He wants to know if I "want it inspected still" or if I "just want to go ahead and close." I haven't even seen the inside of the home yet and was trying to tie up the property until I could get it looked at by a professional.

I put $2500 earnest money down. What would you do in my shoes?

Thanks,
Ben

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Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
13y

Yeah I would have your realtor reach out to them as if you both know the inspection period hasn't yet began because you've been trying to get the correct combo since __________, 2012 (the date you first contacted them for the combo). If they're a big company they will likely not even blink and instead go through the steps to giving your realtor the correct combo.

Once thing I've learned about incompetent people: they will cost your BIG $$$ - Best to get rid of them as soon as you've seen that they're incompetent.

See this reply in the discussion

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  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y

    Can you use the fact that you haven't been able to access the property with the wrong combo to say that your inspection period hasn't yet began?

  • Durham, NC · Member since 2012 · 498 posts · 48 votes
    13y

    I'd order an inspection anyway. If there are no major surprises,
    I'll just take it. If the problem is too big, I'll just give up that $2500.

    He might have some responsibility to compensate you, but I wouldn't ask, hoping he work harder for me in the future.

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    I will definitely try. Thanks.

  • Rental Property Investor · Huntsville, UT · Member since 2012 · 127 posts · 35 votes
    13y

    If you have his admission to fault in writing I would think there may be some recourse with the board of realtors if you wanted to push the issue. He works for you and he has admitted to potentially costing you $2500. I'd order the inspection and if you have to pull out, ask him to compensate you. Then I'd never use him again, if it was in fact his fault. Too many other good professional realtors out there that you could be using. No need to put up with this IMO.

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y

    Yeah I would have your realtor reach out to them as if you both know the inspection period hasn't yet began because you've been trying to get the correct combo since __________, 2012 (the date you first contacted them for the combo). If they're a big company they will likely not even blink and instead go through the steps to giving your realtor the correct combo.

    Once thing I've learned about incompetent people: they will cost your BIG $$$ - Best to get rid of them as soon as you've seen that they're incompetent.

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y
    Originally posted by Brian Huggard:
    If you have his admission to fault in writing I would think there may be some recourse with the board of realtors if you wanted to push the issue. He works for you and he has admitted to potentially costing you $2500. I'd order the inspection and if you have to pull out, ask him to compensate you. Then I'd never use him again, if it was in fact his fault. Too many other good professional realtors out there that you could be using. No need to put up with this IMO.

    I agree with this. I would think that's what a realtor's E&O insurance is for.

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y

    Xing Zhu

    Originally posted by Xing Zhu:

    He might have some responsibility to compensate you, but I wouldn't ask, hoping he work harder for me in the future.

    Are you saying that he shouldn't even ask and instead hopes the realtor works harder next time?

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    Brian Huggard This is exactly how I feel. Thanks for your advice.

    Ibrahim S I agree with you completely. If I lose money myself, that's fine and I can man up and take ownership... but situations like these are really unnerving!

  • Commercial Landlord · Evansville, IN · Member since 2012 · 11 posts · 3 votes
    13y

    I would advise the Realtor to either get u in the property or get you your earnest money back. As a licensed agent its up to him to get you in the unit to see it. If you want this deal its up to you but I dont like buying them without seeing the inside unless its under 5k I am risking for purchase price.
    What you cant see inside usually the worst is a bad furnace or foundational issues in the basement walls. The roof u can see from the outside is the other thing so your ok there. I have never been deterred buying a property on other details like electrical and plumbing because I can re plumb an entire home usually for under 5k if its just repairs. I know your probably worried about your earnest money so if your inspection is in the offer you should be safe there. That you put it in the offer covers you. Your Realtor by dragging his feet has potentially cost him this deal. I would tell him to man up and take the blame and ask to get inside to inspect it fast or the buyer (you) is going to walk from this deal with your earnest money in hand. The question is this you or your mom that will inspect or a 3rd party inspector. Depending on your experience in this business will determine that. Having an inspector sometimes can teach you a few things you will want to know before closing a deal... especially in an older property!
    In the place I live 2 times a year they hold auctions to sell property for unpaid taxes and you get a deed. The homes sell for 1 to 10k and most sell between 3k and 5k. You dont generally get inside them legally but some have broken windows and ajar doors and ect but many you just cant get into. To turn them into rentals I usually budget about 2k to 5k for electrical and the same for plumbing and heating. The houses or duplexes I buy like this are full of risk but I learned something. I can buy a few of these properties and sell the worst of the 2 and keep the cheapest or best one to rehab. At that price the risk isnt so heavy. When you get to 27k its changes, things and I have a tendency to protect my investment by seeing the property before I close. I have walked out of a few closings and ended a few negotiations over things like this. The license your agent has is about the most important thing that will keep your earnest money safe. I would talk to an attorney if you dont get quick resolution to your request to get inside quickly to inspect. If the agent responds maybe all can go forward as planned. You probably want an attorney to help you close this anyways as they can help you in any other problems that arise. Having an attorney always seems expensive until you actually need one. I have them look over most of my deals. If Its simple they will close a deal for a few hundred dollars.
    I buy em cheap so if I am off 10k in repairs it doesnt matter I still make a lot of money when I am finished. Thats my business philosophy if the spread isnt wide enough why waste your time when you cant even drive to the store without passing hundreds of properties.
    Before I began to buy tax property I was doing ok buying them like you are for 50% of arv like that 27k on a 60k value not bad usually from the world of foreclosures. I wont go back to paying those prices. This last auction I watched a car lot sell for 13k I was astounded and had I thought it would sell so cheap I might have actually unloaded a little of my gold to buy it.
    btw Ben I am not that far away from your market in Tenn I sit on the Ohio river in Evansville on the KY Indiana border. I almost forgot have your mom go down town to local building inspector and check to see if there are orders on the property that can tell u something to that might help you in your decision.
    Happy New Year

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    Great information and ideas, thank you.

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    The agent writes:
    "They signed the contract on Christmas eve. The 24th. So apparently there is only a seven day inspection period including Christmas and weekends. I thought it was 10 days. The contract says that today was the last day of inspection period. I am not used to business occurring on holidays. I have had family at my home almost every day since Christmas eve when I got the contract. It is totally my fault. I am sorry. You can still inspect but you would lose your earnest money if you withdrew offer. I think that based on what I have seen it is a great deal. You could not turn the water on anyway so all an inspector could do is inspect a relativly new electrical system. If it were me I would not sweat it but I feel very bad I did not catch this. No excuse. My fault. We can still inspect but no water can be turned on. What should I do? It just needed some windows fixed and carpet and paint from what I remember. This is a different site that I have dealt with only once before. Who signs a contract on Christmas eve!!
    Let me know what to do."

  • Lexington, KY · Member since 2009 · 2k+ posts · 1k+ votes
    13y

    I agree with Ibrahim S on this. If the seller was not providing the correct combo to get into the property to begin with, that is problem number one. As for the agent, it sounds like he was not on top of things with in the situation. I would discuss the problem with the agent and go ahead and order the inspection if you still want the property. If nothing comes up during the inspection that changes your offer you are good to go. If something does come up you need to already have a plan in mind.

    Having said that, I disagree with Xing Zhu...you cannot brush things like this under the table or you will not get the service you pay for and the respect you should get. I am not saying I would never work with the agent again, because mistakes happen...but I would definitely bring the issues up and ask for compensation if it is appropriate. A good agent that you want for the long haul will work with you to get it resolved and if they are hesitant it is probably a sign you need to find someone else anyways.

    I hope this works out for you. Good luck!

  • Durham, NC · Member since 2012 · 498 posts · 48 votes
    13y
    Originally posted by Ibrahim S:
    Xing Zhu
    Originally posted by Xing Zhu:

    He might have some responsibility to compensate you, but I wouldn't ask, hoping he work harder for me in the future.

    Are you saying that he shouldn't even ask and instead hopes the realtor works harder next time?


    ------------------------------------------------------------

    It depends on how you value the relationship with your realtor.
    One time my realtor made a mistake that costed me some money.
    I didn't blame on him. One day he said he had a big gift for me. It turned out that he worked very hard and found a real great deal for me.

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y
    Originally posted by Xing Zhu:
    Originally posted by Ibrahim S:
    Xing Zhu
    Originally posted by Xing Zhu:

    He might have some responsibility to compensate you, but I wouldn't ask, hoping he work harder for me in the future.

    Are you saying that he shouldn't even ask and instead hopes the realtor works harder next time?


    ------------------------------------------------------------

    It depends on how you value the relationship with your realtor.
    One time my realtor made a mistake that costed me some money.
    I didn't blame on him. One day he said he had a big gift for me. It turned out that he worked very hard and found a real great deal for me.

    Anyone can make a mistake. I've certainly made my share. But you have to at least show that you are *trying* to rectify your mistake by going to battle for either my inspection period or my $2500. Instead (according to the email he sent the OP) the Realtor is saying "hey it looks like you lost your $2500 unless you want to take a risk, possibly throw good money after bad and buy this place site unseen". Personally, It's hard for me to see how I'd want to use this Realtor again.

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    Ibrahim S You just summed up exactly how I feel about the situation.

  • Investor · Cary, NC · Member since 2008 · 78 posts · 14 votes
    13y
    Originally posted by Ben Siegelbaum:
    The agent writes:
    "They signed the contract on Christmas eve. The 24th. So apparently there is only a seven day inspection period including Christmas and weekends. I thought it was 10 days. The contract says that today was the last day of inspection period. I am not used to business occurring on holidays. I have had family at my home almost every day since Christmas eve when I got the contract. It is totally my fault. I am sorry. You can still inspect but you would lose your earnest money if you withdrew offer. I think that based on what I have seen it is a great deal. You could not turn the water on anyway so all an inspector could do is inspect a relativly new electrical system. If it were me I would not sweat it but I feel very bad I did not catch this. No excuse. My fault. We can still inspect but no water can be turned on. What should I do? It just needed some windows fixed and carpet and paint from what I remember. This is a different site that I have dealt with only once before. Who signs a contract on Christmas eve!!
    Let me know what to do."

    I am a Realtor. When a Realtor says "Dont sweat it", I would. I have seen too many incompetent agents who will cover up and lie to save face. This deal may be absolutely fine. BUt don't buy without an inspection and hold your agent responsible for your EMD.

    Good luck, hope it works out..

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y

    Actually missed your posting of the email by your Realtor until Tara G reposted.

    Worse than the mistake was your Realtor's response. Frightening on so many levels and scary that this is someone on ANYONE's team (the realtor's Broker would have a heart attack if they knew their agent was this incriminating in irresponsibility AND communicating said irresponsibility to a client). My suggestion (clarification/reiteration): Damage control (get inspection and refund of emd if necessary) then replace the realtor as soon as this is resolved.

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y
    Originally posted by James Vermillion:
    I am not saying I would never work with the agent again, because mistakes happen...

    James - knowing your high standards when it comes to work ethic, and seeing the timing of your post in relation to Ben's, I'm sure you too didn't get a chance to read the full email by his Realtor before posting. I'm shaking my head so much my neck hurts :)

    BTW Ben - you should be able to get the seller to cut the utilities on so you can have a full inspection before purchasing.

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    Ibrahim S It's pretty unreal, isn't it? I've written a few emails that I promptly deleted because I want to make sure I'm professional and level-headed in my response, but it sure isn't easy right now.

  • Commercial Landlord · Evansville, IN · Member since 2012 · 11 posts · 3 votes
    13y

    Thats why I thought a call to your agent would clear this up because reminding an agent that a subsequent a call to your attorney would surely set everyone on fire in that real estate office to either get you your earnest money back or some how get u in the back door down to get you in to inspect the property. I am glad you had the foresight to have the inspection contingency in the offer it will probably save your skin.
    at any rate I think even though they have your earnest money sitting in there trust acct you are in pretty good shape if they dont even give you the inspection. Any decent judge in the land would see they are not holding up there end of the contract if they dont even have a combo to get the key to let you in right?
    The time line btw is arguable regarding days being on the weekends and holidays. Its is pretty easy to shred a real estate contract before it closes with a decent attorney with the particulars I have heard already.
    I would be extremely firm with the agent when you do talk to him if he gives u any crap why he cant get u in the house fast for an inspection.

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    He has emailed me and stated it will be open on Wednesday and the inspector I use that is doing another house I'm hoping to buy will be over to inspect that one afterwards. It seems he's had the combo and was sitting on it through the holidays out of laziness. (Just my own speculation and not fact.)

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    13y
    Originally posted by Ben Siegelbaum:
    He has emailed me and stated it will be open on Wednesday and the inspector I use that is doing another house I'm hoping to buy will be over to inspect that one afterwards. It seems he's had the combo and was sitting on it through the holidays out of laziness. (Just my own speculation and not fact.)

    Yep I'd get the facts on how long he had that combo.

    Regarding the inspector, is he your inspector or the agent's. No way would I trust the report of the agent's inspector at this point. I might even be suspect if the two know each other at this point.

  • Commercial Landlord · Evansville, IN · Member since 2012 · 11 posts · 3 votes
    13y

    I know Jackson, Tenn isnt that big but can you get another inspector on the phone before Wed? I always hate last minute crap on deals cause it always seems to move slower then you needed it to. Do u have an experienced buddy uncle or anyone in town that is a contractor or has a firm knowledge of the building trades that could do this inspection if you cant find one?

  • Real Estate Investor · Pensacola, FL · Member since 2012 · 136 posts · 83 votes
    13y

    Yes, I can definitely find someone. Thanks for your guys' great ideas. I can't tell you how much I appreciate the support! Hopefully the inspection reveals no major problems and I can close and move on. I just wish that it hadn't gotten this messy. Sometimes you act in good faith, but it's just not enough. It's hard to believe that a licensed professional would expect me to eat $2500 because he was asleep at the wheel though.

  • Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
    13y
    Originally posted by Ben Siegelbaum:
    Brian Huggard This is exactly how I feel. Thanks for your advice.

    Ibrahim S I agree with you completely. If I lose money myself, that's fine and I can man up and take ownership... but situations like these are really unnerving!

    This is exactly how I feel. If I lose it due to my own mistakes I don't lose any sleep over it. But if it's due to someone else's incompetence I'll fight tooth and nail to get the money back.

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