Home Buying in Sterling>Question Details

KD Lucy, Both Buyer and Seller in 23235

Buyer's Loan Denied 1 Day before Closing - We've Moved/House is Empty.

Asked by KD Lucy, 23235 Tue Oct 23, 2012

We put our house on the market 5 weeks ago, had an offer the first day -- full price with us paying closing costs. It seemed too good to be true & it was. We moved out of our house this past weekend (Sat) and are suppossed to close tomorrow (Wed). We find out today (Tues) that our buyer has not qualified for their VA loan. We paid over $1500 to make repairs they needed, we paid $3000 to move. And now we find out the day before that we did this for nothing?? We had no deadline or rush to move out of our home but did so because we were happy to sell it for a good price. What are our options?? Our real estate agent told us for weeks everything was going fine & that it was in the final underwriting stages and we find out less than 24 hours before we CLOSE that we're screwed and have to start from scratch. How is this legal & what are our options?

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Hi KD,

I'm sorry to hear that. My advice would be the following:

First - speak with an attorney. As an agent, I would always recommend that to determine what your recourse is; hopefully your agent has done what he/she needed to do to remove the financing contingency such that your buyer is now in default, where their EMD could be yours to keep. Again, an attorney would help best here. To get your home sold:

1) Try to get the current buyer to look for alternative financing; could be a lender issue. Often times the original buyer can get other type of financing, or VA financing through a different lender. That's the first option and can probably have you closed in 30 days if it works. I would only give them 3 days to show proof that this is completed; I would also follow up directly with their current lender to ask WHY their VA loan was denied at the last minute, and certainly follow up with any subsequent lender to confirm that the issue won't be an issue for this 2nd lender.

2) Simply re-list it, either with your agent or a different agent perhaps, to attract another buyer immediately and once again get it sold. It's likely that much of the money you spent for the repairs is money you would have spent for the 2nd buyer, so that money may not be "wasted" so to speak. It's a good market here in Sterling, and it's likely you'll attract another buyer very quickly.

If I can provide any add'l information, or if you'd like to talk further, please call or email, anytime.

I'm sorry to hear once again, and hope that you're able to get it done soon.

All my best,

Matt Elliott
Keller Williams
703-627-2167
MattE@KW.com
0 votes Thank Flag Link Tue Oct 23, 2012
In this Market; this can happen.
Now, you can move left, or you can move right; what is your goal?
If your Goal is to sell the house, you may want to help and work with the Buyers you have:
Have you asked if they have an alternative financing plan, another Lender?
If you gave them an extension and were patient, you might have it sold in another 30 days. But if you start over with another Buyer, you could be there for three months.

Good luck and may God bless
0 votes Thank Flag Link Tue Oct 23, 2012
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