Showing posts with label realtors(R). Show all posts
Showing posts with label realtors(R). Show all posts

Thursday, August 13, 2009

Friday, July 31, 2009

Residential Counter-Offer

"residential counter-offer" is a good term to Google for forms to use when selling a home. Kansas City Board of Realtors has a good form. Some others. Some forms are so convoluted that they surely interfere with the selling process.

See http://www.donttrythisonyourhome.blogspot.com/

Sibcy Cline uses the Cincinnati Area Board of Realtors printed form which says "Addendum." Have not seen their printed form saying "Counteroffer." This may be very important for litigations.


Saturday, July 18, 2009

More Labels for Last Blog

"Auchincloss," "realtors," "885 Greenville," "real estate"

Friday, July 17, 2009

What to Do?


Dear Owner of an Older Home in Glendale in This Falling or Unstable Market:

Having recently gone through the process of selling our Victorian 885 Greenville Avenue, home, which took three years and dealing, as one must, with the Cincinnati Board of Realtors, Inc. Contract to Purchase, I, a lawyer, am of the opinion that there is an 80% chance that you, as the seller of an old Victorian house, will not ever have the satisfaction of a binding contract (until buyer’s money is in your account) because of the Contract to Purchase’s various failures, such as a failure to define “material defect.”

This failure gives the buyer a free option on the property during the stipulated period before closing because of another flaw, this time in the Contract to Purchase “buyer deposit” provision.
What is the solution for this? There is none, most knowledgeable lawyers will tell you.

But stay tuned.



Wednesday, May 20, 2009

A New Wrinkle in Real Estate Closings Where FHA is Involved

If the buyer is getting an FHA loan, FHA requires the seller to pay the buyer's closing costs. So the seller does not want to pay his realtor 6% on this amount, right? So the seller's realtor says "I'll agree to my shaving my half of the lower commission, but the buyer's realtor will not shave hers."

So what?

Friday, April 10, 2009

Realtors(R)


We learned in law school that the real estate contract was between the buyer and the seller.

Here's how the Contract to Purchase starts:

"1. Sibcy Cline (Selling REALTOR(R) Firm) _[date]______"
2. PROPERTY DESCRIPTION:

Good Friday Thoughts -- Not Good to Realtors (R)

(c) 2009 F. Bruce Abel

When you have made the mistake of buying a house in June 2006 without even first thinking of selling your Victorian home of 35 years two blocks away in a leafy suburb, and then you have gone through almost three years of Realtors (R), and lowring price, and one firm contract where the buyer used the wavy language of the Realtors (R) "Contract to Purchase," to back out (suit about to be filed by me to test the contract), and have still not sold your house, you have certain intense, intense feelings about Realtors (R).

Take last weekend. Ashley is young and beautiful. But she is the new daughter-in-law of my Realtor (R), the third-highest-producing Realtor (R) in the biggest firm in Cincinnati, Sibcy Cline, and a real marketer.

Ashley is new.

Last Sunday she held an open house at my 885 Greenville from 1:30 to 2:30 pm. No one (i.e. Ashley via Sue, her mother-in-law) thought to make additional copies of the Ohio-mandated handout of Sellers' disclosures, that are to be given to real potential buyers. No one (i.e. Ashley) thought to have copies of the Contract to Purchase.

Now it just so happened that Steve Varmuza, and his wife Marla, had called me late Saturday afternoon, when the Western sun shines through the kitchen in such a beautiful way at 885 Greenville, and said: "Can you come down! There is a couple and her Mom who are extremely interested in viewing your house!"

So I did. After an hour of pleasantry with the couple, her Mom, and the Varmuzas, the couple said they wanted to come to the open house Sunday. And they loved their putative next-door-neighbors.

Now, in my thrall, I admit I did not take the time to pass this information along to Ashley. My bad.

So at 2:30 pm Sunday Ashley tells me "There was this great couple and they are certain they will put in an offer. (Same couple as came Saturday.) I'm awfully sorry but I did not have copies of the disclosures (nor I think, copies of the Contract to Purchase.)"

Tuesday Ashley called me and said the couple went to a Realtor (R) and they got cold feet over my 885 Greenville Victorian. They want to look at other houses.

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