Hi Again,
I just went to your web page. I had trouble w/ the Zillow link. I looked, only briefly, but could not find a price. Buyers will want to know the price.
Deborah - Wed Jul 16 2008, 09:05
A buyer is always stronger if they do not have to sell to buy. Many sellers will not sign a contract with a contingent buyer since that will reduce their marketing exposure. But, you have a seller who did accept those terms…with a kickout clause.
I would not consider this a worthless contract. The seller thought enough of your offer to reduce his/her outreach to the market in search for a different buyer. As this seller is still active, he/she will have other showings, but many buyers will decline to visit since there is a contract in place. This helps you. You need to sell your property before another buyer comes along with another offer to this seller. The mere fact your contract is in place has reduced, to some extent, the competition.
I cannot speak to the market conditions in Park City, as I am not in your area, nor familiar w/ the statistics there. But, in many areas, properties can go to market, secure a contract and close within 30 days, while other properties in the same market are languishing for months. If you price right, market aggressively, present well, and make it easier for buyer to see your home, you might sell before another buyer happens to make an offer. The fact that you have a target property as a buyer increases your motivation as a seller. This may help you direct greater energy to making your home easy to show, heeding all the showing tips given as advice, and looking at your price and your competition’s price more objectively. People who want to sell, often acquire more realism, than those who “don’t have to sell.” Please not I said “want” to sell vs. “need” to sell.
For all of these reasons and more, I don’t think of contingent offers as worthless, but rather look at the limitations of them and work through those if possible.
You said you had a great Realtor, so work in tandem w/ this person and get your place sold so you can go forward w/ the purchase.
Best of luck
Deborah - Wed Jul 16 2008, 09:02
Hi,
Without seeing your contract, and without knowing the exact wording in your contract, I can’t say for sure. I can read into the situation, and speak from contracts I have seen in the past. Please keep in mind that your contract language may differ, so the following may not apply to your Park City condo.
It seems that the seller is saying that he/she will keep showing, and if they get an offer that does not have a contingency, they will come to you and give you the option of backing out of the contract or removing the contingency. This is common.
If you withdraw, the seller can then proceed with the new buyer. That contract price could even be less than yours. But, if that second buyer is willing to go forward w/o a contingency, the seller may find that more attractive than waiting or hoping that you sell.
Typically, there is no renegotiation with you on any other terms or price of your contract. You simply remove the contingency and go forward w/ the purchase or you walk away if the contingency clause is called. Your terms and price have already been established.
How long do you have to decide once you are informed of another offer? Do you have 24 hours, 72 hours, or more to decide?
While you are trying to sell, it might be helpful to periodically update your seller on your progress. They will likely become curious, or even nervous, if your property is being shown or received well by the market. Their willingness to continue to work with you could be influenced by their belief that you will sell. Example: You sign a contract for 350K w/ contingency. Sellers receive an offer for 310K w/o contingency. The sellers might be more inclined to accept the 310K and call your contingency if they think it is looking unlikely that you can or will sell your property. If, however, your sellers think your property is being shown, aggressively marketed, and will likely sell, they may be more motivated to wait it out, rather than entertain a lower offer.
Deborah - Tue Jul 15 2008, 08:53