Trulia Voices Real Estate Q&A in 02780

M
M
Home Buyer
Attleboro

Should I have a say in the closing date on a short sale?

The home I'm purchasing is a short sale. My agent has told me repeatedly that because the seller's bank is involved that I have absolutely no say in when the closing date will be and it is entirely up to their bank to set the date. This doesn't seem fair. Is my agent telling me the truth?

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Jonathan Bowen
Jonathan Bowen
Real Estate Pro
Boston
Thu Jul 24 2008, 20:56

You mean to tell me that you wan't a say in how and when you are going to spend hundreds of thousands of dollars?! Ha, ha! Dear sir/ma'am, my sides are splitting.

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Stephen
Stephen
Real Estate Pro
Tampa
Thu Jul 24 2008, 13:46

This is correct. Short sales can take up to 2 months to close sometimes longer!
It important to know that this process can take less time if you know the right people to talk to.
My team of Short Sale Specialist have received bank approval in under 2 weeks!

http://www.ShortSaleSettlements.com

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Lori Lincoln
Lori Lincoln
Real Estate Pro
Taunton
Wed Jul 23 2008, 19:53

I have been on the listing side of short sales and closed on several. The sellers bank has the buyers at its mercy. Whatever the sellers lender says.. goes. We don't like it. It just "is"

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Jeffrey Smith
Jeffrey Smith
Real Estate Pro
Westfield
Tue May 20 2008, 21:32

To further complicate that answer, the bank is under no obligation to accept anything less than what is owed to them. If you are entering into and agreement to buy a property in which the seller does not have sufficient funds to close, there is no guarantee the seller will be able to perform. There are other risks to consider as well, such as rate lock expirations and rate increases. I have handled several short sales in mass and not one has closed in less then 60 days. There are benefits to short sales, but the transaction is much less stressfull if you know the risks going into it.

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Jill Courville…
Jill Courville…
Real Estate Pro
Norfolk
Tue May 20 2008, 13:11

I sell quite a few short sales and believe me the bank pretty much has all the say. It doesn't seem fair but it is often true. In many cases, the bank will come bank with an answer and will require the Buyer to close within two weeks. Short sales can be a good deal but you have to be patient and accept the things you cannot control.

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Torquil Creevy
Torquil Creevy
Real Estate Pro
Austin
Mon May 5 2008, 09:37

Yes, The truth hurts sometimes! Short sales are notorious for taking 30-60 days to close and you are at the mercy of the lein holder. I think it is in their job description to drag their feet and test your patience!!! If it's the house you really want and you and your agent are willing to jump through all the short sale circus hoops--it will be worth it!!!!! Hang in there!

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Scott E. Warner
Scott E. Warner
Real Estate Pro
Palm Beach Gardens
Mon May 5 2008, 09:35

Your Agent is partially correct. You need approval from the bank or lender involved for the short sale and the acceptance of your offer before anything more can happen. You can howerer state in your offer that you want to close X amount of days from the the effective date of the contract , which should stipulate as the date you receive notice of approval.

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Steve Medeiros
Steve Medeiros
Real Estate Pro
New Bedford
Mon May 5 2008, 09:33

Your agent could be correct depending on the circumstances. Usually, there is a closing date set in the Purchase and Sales. It is not common for the agreement to continue forever. I would recommend having an attorney review the P&S to determine your rights as a buyer. The waiting game is often the price to pay for dealing with a property involving an bank on the seller's side, whether it be a short sale or an REO.

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Michael Giles
Michael Giles
Real Estate Pro

Mon May 5 2008, 09:21
FIRST ANSWER

Hi M,
Yes, your agent is correct. When it comes to short sales, Patients reaps rewards.

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