Newbie questions about 24/7 caregivers: legal questions, etc.

Parent Cafe
801

<p>Something isn’t adding up, or several somethings really.</p>

<p>First, eager buyers don’t keep sellers dangling for a month.</p>

<p>Second, eager buyers don’t suddenly begin dickering right before they’re (supposedly) going to sign.</p>

<p>Third, prices on “desirable properties” don’t move down. They move up. Unfortunately, your realtor has done you a disservice by basically ignoring your listing for a month. Thanks to her, the buyer is probably thinking that you have so much time invested in him now, you’ll accept any lowball he throws at you. Personally I’d insist on the agreed-upon price which IIRC is 220. But your realtor may have painted you into a corner on that, by failing to keep the pressure on.</p>

<p>However, the price is relatively small potatoes now. The more important thing is to make your realtor start doing the work you are paying her to do. </p>

<p>I agree with cincy gal. Contact your realtor immediately (which at this point would be first thing Saturday morning). Don’t wait until Monday. And, as cincy gal says, CALL her, don’t email her. Tell her this: </p>

<p>“Agent, this has taken much too long, and my patience has run out. I’d like you to contact the buyer’s agent TODAY (Saturday) and tell him the following: We will not drop the long-agreed price of 220. If your client doesn’t put pen to paper by noon on Monday, we are moving on. No more excuses. Signature by noon on Monday.”</p>

<p>It’s a bit hardball-ish. But you need to at least begin to project a hardball aura. The reason you’re in this pickle is that the buyer senses weakness. You need to disabuse him of that impression.</p>

<p>And anyway, you need to quickly find out if he’s serious, because if he’s not, your agent needs to get going on Plan B immediately.</p>

802

<p>Here’s the thing, Dharma. Monday vs Wednesday is not a big deal per se. The problem is that you’ve been on the defensive for this entire negotiation. Because your agent has done a miserable job of representing you, everything that’s happened, or not happened, has been at the buyer’s wish. He’s controlling the transaction.</p>

<p>You need to get off the defensive (No, I will not accept your ridiculous last-second “renegotiation”) and onto the offensive (Here is MY deadline, which you WILL meet if you wish to proceed). Maybe you accept a $5K drop PROVIDED that he signs on Monday. But you need to start showing some power, not acquiescence.</p>

803

<p>Yes! The buyer is acting like a flake. </p>

<p>Get tough.</p>

804

<p>Good morning! But didn’t you read 766? The buyer has a DEADLINE to have the signed contract and deposit in my attorney’s office by Wed pm. Or the deal is off. He does not get the house for $210,000. My attorney confirmed to me that the buyer’s attorney told the buyer he has to come to the office Mon or Tues to sign/give the check. Or the deal is off. My realtor knows that I want an answer today, Saturday, by the end of the day, that these conditions are agreed to, unless communications channels make it impossible. </p>

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<p>Doesn’t it sound like I’m getting tough?</p>

<p>BTW, my husband and realtor wanted to counter at $215,000 which infuriated me because we had already agreed on 220,000. There is NO MORE countering. More countering would be more delay. I said $210,000 and contract/check in on Wednesday or no deal.) (Okay I could have said $215,000 but I wanted to make this sound violently demanding–but I know to readers here this does not sound “violently demanding” but to me, no guidance, it did.)</p>

<p>Late if the day–our attorney by now of course knew the whole story of course–I emailed him to ask him his professional view of the course of action I took. He sent me a strongly worded complimentary email on the plan I had outlined and said he would call the buyer’s attorney monday. So I was pleased with his response.</p>

<p>Have to get daughters to Chinese School, then to NH, then DD2 for art class has to visit some galleries, wait for “ultimatum” phone call or email from realtor. Maybe pack boxes. </p>

<p>Had to skim a page, but will read all attentively tonight. Thanks xxxx.</p>

805

<p>This buyer is savvy and willing to take risks. Time for the rubber to hit the road, as they say. Throw some cold water on your face and see this for what it really is. No making excuses for anyone else or getting annoyed at them or yourself. “Just the facts, ma’am.” </p>

<p>When he started with a lowball, we thought, ok, it happens.</p>

<p>When he came up with the septic inspector willing to say, “Well, it could cost up to 30k to repair,” my antennae went up. It’s quite savvy to work on your emotions and fears. No one had a firm quote or second opinion. But it worked.</p>

<p>Then when he made you wait and wait, we saw he held some card. No urgency on his part, he’s the lion laying low in the grass, watching you get nervous. No point calling him nasty or absurd. He set his approach and held to it. And now you tell us he may be older or traveling or have kids to take care of. Nope, that’s counterproductive.</p>

<p>This is a business deal. You want to salvage what you can, that takes your own savvy.</p>

<p>You should have dropped the price when we first said, for all the reasons posters are now reiterating- it gets attention. Other agents perk up, buyers who cant quite afford 250 will be enticed by 240 (sales psychology.)</p>

806

<p>No Dharma, it doesn’t sound like you’re getting TOUGH.
You’re compromising. Again.</p>

<p>Agreeing to this new price drop an giving him 5 days isn’t tough. It says, “oooh, really? Uh, ok.” </p>

<p>unless communications channels make it impossible Well, you told us your phone may not be working and you have to drive here and there and do this and that.</p>

<p>And you’ll check in tonight, when today is done. </p>

<p>And you are willing to drop to 210. That’s not tough. It barely makes sense to stand up for “no more countering” and then yield to 210.</p>

807

<p>Really? By demanding a contract/check on Wednesday, not Monday? I can live with Wednesday. I think “compromise” is too strong a word. The buyer has been given a demand/an ultimatum. As has been pointed out, my realtor was complacent, told me a week ago that everything was going along fine. This reminds me of the months when I listened to the “experts,” the psychiatrists, elder lawyer, SW, etc., and had to, with the guidance of CC posters, reverse course completely. Yes, I should have been listening here more closely, but with the realtor you have face-to-face time, voice/telephone time/ email time. It “feels” convincing.</p>

<p>No, I think things have turned to tough. </p>

<p>But regardless, thank you, LF to be a true friend by taking the time to consider my situation and offer advice. It is appreciated.</p>

808

<p>It is wonderful that you have found LF to be so helpful, but so have MANY MANY posters here who have given of their time, their thoughts, their energy, their guidance, their experience. I credit all of them with their unending patience and trying to help guide things and keep focused on the end goals. </p>

<p>By the way, I let you know there was an inadvertent reversal of 2 numbers on the spill # I sent you. I sent you the corrected one. The spill # is still there. Its not a primary worry, lust a loose end. Hopefully the lab sent their report to the NYSDEC and the spill # will be closed.</p>

809

<p>I think we posters have been very consistent, all along. Its remarkable. Yes, we had you reverse course at several points, because what matters isn’t “action,” but the right actions that take one closer to the goal. </p>

<p>It’s true Weds is only 48 hours longer than Mon. But that’s two more days of gut-wrenching and hoping. And not knowing. And two more days the house sits at 250 with no interest.</p>

810

<p>Why are you not saying "this is the agreed upon price. We are not able to go any lower. If the Buyer wants a lower price the realtors will have to come off their commission to make it happen. </p>

<p>And if you ever get a contract, watch on the contract for the closing costs I’ll bet my socks they have you paying them/</p>

811

<p>Good point on the closing costs, jym626, you may well be right.</p>

<p>post #803

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<p>I am confused now. Does the buyer get it for 210k or not?</p>

<p>Look Dharma, I’m sure it’s hard getting advice from so many, and of course what you do is your decision. But you really have to drop the price now, in case he messes with you further, which is certainly possible given his track record. He is highly opportunistic.<br>
You need some leverage, and a dropped price would give you that-- all the more if another buyer calls to see the house in the next few days.</p>

812

<p>Just curious- Why isnt your DH driving the kids to their classes so you can do what you need to to, Dharma?</p>

813

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<p>Dharma, I am wondering if perhaps you are skimming more than reading and that when you see people say, as above and many other times, “drop the price” you are misunderstanding. We all mean you should have dropped the public listing price back when you started dropping the price with this imaginary offer (it is imaginary because your people have been dithering with this guy for a month and still no signed offer, no earnest money).</p>

<p>Had the public list price been dropped a month ago to $235k, $220k, $210k, whatever, you might have seen more than one offer in writing and been able to skip this PITA buyer. He is just being a smart business person, but your realtor is allowing this to go on way too long without action- signed offer or dropped list price.</p>

814

<p>Dharma, you should drop the public list price right now to $225K (or something like that). Suppose a buyer makes an offer on Tuesday or Wednesday. You take the offer, and tell this buyer to go take a hike.</p>

<p>No, accepting this offer is not being TOUGH. Being tough would be not putting up with this trash. BTW, you can change your mind right now, or any time before you put your signature on the contract. I think you should-- I think you should not put up with these shenanigans. </p>

815

<p>I agree with Cardinal Fang-- you have the right to change your mind-- the “buyer” certainly has changed his mind over and over.<br>
There is no signed contract so you can do just as you please, no matter what you have or haven’t told him. Even if you told him 210K you can still say, “I decided I am not willing to take less than the 220K from you that we previously agreed on.” </p>

816

<p>All of us posters seem to agree on the basics, whether it’s a proactive move or our reactions. </p>

<p>Have to say, we posters don’t really know what the agent said or tried. We’re just trying to piece it together form what’s reported here. True, the price is still 250, but we don’t know what conversations took place.</p>

<p>Unless some key info is missing, we agree the listing price should be dropped.</p>

<p>I’m fond of saying: “If we don’t have a problem, fine. But just in case we do, are our bases covered?” All the eggs in one basket isn’t “cya.” And this basket hasn’t moved.</p>

817

<p>I don’t see the downside of dropping the list price. If this buyer presents a signed contract on Wednesday, then it won’t matter, and if the buyer doesn’t sign, then you’ve done what you would have to do anyway, which is lower the list price in an eye-catching way to get more buyers. </p>

<p>If a house lingers on the market for a month with only one nibble, it’s priced too high (unless it’s an unusual house-- but this house is a standard house). Unscrupulous agents try to get listings by setting the price too high, but eventually it has to be lowered to what the market will bear anyway. Better to set the price right at first.</p>

818

<p>If you’ve given in and agreed to his 11- hour price demand (honestly, it’s hard to tell) then there is no reason he can’t sign by Monday. If in fact he wants the house. </p>

<p>Get into the driver’s seat. </p>

819

<p>Exactly, LasMa.</p>

<p>I bet $5 that either the buyer doesn’t sign by Wednesday at $210K, or he signs a contract that sneaks in costs to Dharma (such as her paying closing costs). Why wouldn’t he try to make Dharma pay the closing costs? He has nothing to lose.</p>

820

<p>Sorry to say that I agree, Fang. There will be more demands. That’s what happens when you let someone else take total control of the negotiation. They keep trying to get more.</p>