Opinions about a faulty MLS listing and contract offer in Denver

Opinions about a faulty MLS listing and contract offer in Denver

Durango, CO · Member since 2016 · 92 posts · 12 votes

Help! Advice please... After 4 offers, I have finally won a bid on a small condo in Arvada. Turns out, the listing was for Conventional or Cash loan. Also turns out that the small condo association has 34 units - 22 of which are rental which creates a "non-warrantable" situation from the lender's point of view. We had requested HOA docs in advance and didn't get them. (OK... so we should not have made our offer without them). This is on top of the fact that we offered an escalation clause that beat out another offer. That offer was with only 10% down - and most likely that person didn't know the condo was non-warrantable, either. (They also should have asked). However, it was the offer from this person that jacked up the selling price $14K over asking price. Who knows if they would have qualified for a higher interest rate or the terms required for a lender willing to do a non-warrantable property.

Anyway, the conventional lender I was using has to back out under these circumstances. I am scrambling to find another lender. But, it sounds like all this invalid anyway because the non-warrantable business was never stated anywhere upfront. Should that have been in the listing on the MLS?

Looks like this needs to be a complete do-over - in whatever form that may take.

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  • Lender · Denver, CO · Member since 2009 · 1k+ posts · 597 votes
    10y

    A condo being non-warrantable doesn't need to be disclosed, it is a function of your ability to finance not an issue with the property per se. With that said it would likely save the seller a lot of time and head ache to share if they were aware. Dont beat your self up over not having the HOA docs prior to offer, this is something you would look at during your diligence.

    If you would still like to move forward on this property, there are lenders that can fund properties that are not warrantable. Happy to share a few if you send me an email.

  • Real Estate Agent · Denver, CO · Member since 2016 · 58 posts · 24 votes
    10y

    Hey Patricia, I had a deal that was similar to this recently, I scrambled to find a good lender who can do non warrantable loans and luckily found a great one.  I can share her info with you as well if you PM me.  Depending on when you set your closing date to be in your offer, you may need to extend it.  Most traditional lenders can close in 30 or less days while most lenders for non warrantable properties need a little extra time, around 45 days, to close.   Let me know if you have any questions. 

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    Typically a non-warrantable condo is identifiable from its price...they are incredibly cheaper than a warrantable condo. Your agent should in theory be able to identify them, or at least know it's a strong possibility that this was the case.

  • Residential Real Estate Broker · Littleton, CO · Member since 2016 · 22 posts · 5 votes
    10y

    Russell's comment is most likely the case in some markets, but in the Denver area, hot is hot.  Not being warrantable only means there may be fewer offers.  But since there are lenders who will lend on non-warrantable properties, it's not a reason to lower the price here, in my experience anyway.  Sounds like you have a couple of good options for lenders who can help.  Go get it, girl!    

  • Realtor · Denver, CO · Member since 2013 · 2k+ posts · 1k+ votes
    10y

    Did you ever receive the HOA Docs? If not, then have your agent read Section 7.4 of the purchase contract as you should be able to get out to get your earnest money back.

    If you want the unit, then have your Realtor speak with the listing agent about the situation. Find a new lender ASAP and get their closing timeline. Once you have those dates, then see if you can extend the contract to the new date. 

    This is all moot if the seller won't play ball. Find this out first. Good luck!

  • Durango, CO · Member since 2016 · 92 posts · 12 votes
    10y

    Wow... thank you everyone: @Travis Sperr @Tripp Howell @Russell Brazil @Elizabeth San Miguel @Matt M.  I have just now learned (maybe you all already knew this) that the law has just changed in the last few weeks regarding warrantable condos. Apparently, a condo purchased as a primary or secondary residence CAN but purchased with your typical conventional financing even if owner-occupancy is below 50%.  Now that it has been clarified that I can buy the property as a second residence, the lender I was using can, in fact, offer me that financing. Initially, when we found out the condo was "non-warrantable" - the lender thought I was doing an investment deal and he could not lend to me in this situation. Even though this purchase will eventually be an investment property (I will make that adjustment at a future date - too hard to explain here) I can, in the interim, buy it as a residence and make the improvements I wish to make and then go from there!

    I thank you all again!

    BTW... opinions about condos as investments in small associations (this one has 34 units)? I know that there can be HOA snafus anywhere, but perhaps this scenario has additional risk...

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