Home Selling in Oklahoma>Question Details

Kym, Both Buyer and Seller in

My house has been on the market since mid January. We had a buyer and signed agreement and they put money in

Asked by Kym, Sat Mar 22, 2008

escrow..well they measured the house and did a few things but the square footage was mis- quoted. The husbadn sent his wife to my house to ask if I would leave some personal belonging also. I told my agent they did that and she told them the spill of everything needs to be done through her. He got mad and started trying to back out of the contract immediately..then he lied and said I offered it to her and that was not the truth..when they did back out he told my agent he wanted half the excrow back because We supposedly lied about the sqaure footage..When we did not. The agent went off the appraisers paperwork. SO instead of causing a big stink we gave him back half..NOW after a almost a month..He is want to LOOK at the house again and possibly buy th property? We do not want to sell our property to him. I was told by my agent dont cut your nose off to spite your face What are we to do? This man was ugly the first time and I am sure he has not changed.

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Does the buyer have a Realtor representing them?
If not, your Realtor could explain that in order for a smooth process, based on your last experience, he needs to have his own representation. Then your Realtor can coordinate with the buyer's Realtor and keep the sides apart.

A note on descrepancies in assessor's records. It is very common to have differences in both living area and lot size in the assessor's records. I am curious, how large was the difference? Was it "material"? Sometimes buyers will pick at anything to get out of a transaction when they are simply scared and confused. Sometimes the quality of Realtor representing the buyer can make a big difference. If the buyer's Realtor says " you know it is common for there to be a difference in the square footage" and then explains why, then the buyer doesn't get upset. Or, if there are other concerns, the Realtor can help assure the buyers that they are making the right choice. It is a big deal to buy the most expensive purchase you may ever make, it is stressful.

It may be that now, upon time to reflect, they have in fact decided that yes, this is the home for them.
1 vote Thank Flag Link Sat Mar 22, 2008
Keith Sorem, Real Estate Pro in Glendale, CA
Hi Kym,

A buyer is a buyer!. In today's market it is never good advice to trun away a buyer who have the ability of closing on your home. I totally understand the bad feelings and think the best approach might be to just change the rules you are playing under. You might want to increase the amount of the earnest money with this buyer. You might also shorten up the closing date as much as possible. - Less time for the buyer to back out again. Be sure your agent has personally talked to the buyer's new lender to verify how strong the buyer actually is. Finally, if your state will allow it, you might make the earnest money (or a part of it) non refundable for any reason if the buyer decides to back out again. Your agent will be able to advise you best on this point.

Best of luck with your sale!

Bill Kosena
RE/MAX Masters, Inc.
1 vote Thank Flag Link Sat Mar 22, 2008
This is a tough one but I agree with your Realtor. The point is to sell your house, not to have him over for Christmas Dinner. I would dictate that ALL communication goes thru your Realtor. I would also ask for more earnest money -- you might even want to negotiate it to be non-refundable.
Good Luck!
0 votes Thank Flag Link Tue Jul 1, 2008
im lookin right for this house i will give 5 mill for it
0 votes Thank Flag Link Tue May 20, 2008
Your Realtor can identify for you the protected classes--the groups that might claim discrimination. Some are identified in federal law. Many states have added some additional classes. And even some individual counties have added onto the state and federal classes. So it can really vary.

On top of that, the question might arise as to why you're not selling. Suppose, for instance, the buyer is handicapped. Or is black. Or is Jewish. Or has a child. You can't discriminate on the basis of race, religion, or handicap. But you certainly can discriminate because someone is nasty, or simply because you don't like him/her. Or because he/she drives a Toyota. You get the idea. The problem is: What if the buyer belongs to one of those protected classes, but that's not the reason you're refusing to sell? You say it's because he was nasty and lied; he says it's because he's a member of the protected class.

Your agent and his/her broker probably have a procedure to follow. At the least, you should document everything that's occurred--in writing. Be as specific as you can.

You're right: If the man behaved that way the first time around, he hasn't changed. One of my past bosses had a great saying which probably can't be repeated in full here; fill in the blanks: "Don't get into a p*ssi*g contest with a skunk."

I understand your agent's position...but I certainly understand yours, too. And, if the property was only on the market since mid-January, you may well get more offers soon. Whether you sell to him really depends on how much you need/want to sell right away. If you don't have to, I personally would agree with you; I wouldn't want to sell to him.
0 votes Thank Flag Link Wed Mar 26, 2008
Don Tepper, Real Estate Pro in Burke, VA
I am working on it..comes to find out there are some issues with the title as well. ARGG and I told my realtors that we have decided to Not sell to this person giving the situation...Now he is in a hurry becuase his house has sold...that is discriminating...since when can I not pick and choose who i want to sell too? please help are there any laws that protect ME the seller from having to sell to someone?
0 votes Thank Flag Link Wed Mar 26, 2008
I would recommend discussing the option of selling to the same buyer very thouroughly with you agent before proceeding. I would also recommend getting another appraisal from a different appraiser first. Any appraiser who is the least competent in their work would not have made a blatant mistake by includeing the carport in the square footage (GLA). By including the carport in the GLA, I would suspect the comps used would be off also, meaning the comps were determined by the higher square footage which could change the final value. It would also create a domino effect of other parts of the report (like the cost approach, market analysis, comp adjustments, and possible USPAP regulation violations). If anything that appraisal should be reviewed with a fine tooth comb before making any decision.
0 votes Thank Flag Link Sat Mar 22, 2008
Thanks for the help...The difference was 300 sq ft. She did nothing wrong it said in the contract that the Buyer was not to take anyones quote but to get it inspected themselves. The apprasial added the car port in on the square footage. She "represents" both sides, But yet I am the one paying her lol This is my first house sell and things are quite confusing for me as well. I am going to talk with her and see about getting part of the escrow non refundable and setting up the closing date.
0 votes Thank Flag Link Sat Mar 22, 2008
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