A Funny Thing Happened on the Way to the Closing
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Gone are the days where real estate agents were the gatekeepers of knowledge about local real estate. In fact, potential buyers often know more about a particular property than agents as there is so much information about a property now available on the Internet. A buyer is often keyed in on a particular property and agents have to keep track of hundreds or thousands of listings that are constantly changing. So why hire a real estate agent? Simply upload some pictures and add some basic details and your incredible home will sell itself. If you are a buyer, just find the coolest home and go to the bank to get a loan. Not so fast! It has become easier to get your house online to market it to the world, however it has become increasingly difficult to keep the deal together and move it along to closing once you have a buyer. The real estate agent's job has evolved as it has become increasingly difficult getting from a fully-executed sales agreement to being handed the keys at the closing table. This book gives 123 issues that can arise once the contract is signed. No two deals are alike and there are countless issues that can happen prior to or at the closing table. You might be able to find a buyer on your own or pick out a house on your own, but chances are, getting to the closing table is another story.
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A Funny Thing Happened on the Way to the Closing - Chandler Mason
A Funny Thing
Happened on the Way to the Closing
123 Ways Residential Real Estate Deals Can Fall Apart
(Even after a Fully Executed Sales Agreement)
First Edition
Chandler Mason
Copyright © 2019 Chandler Mason
All rights reserved
First Edition
PAGE PUBLISHING, INC.
New York, NY
First originally published by Page Publishing, Inc. 2019
ISBN 978-1-68456-785-0 (Paperback)
ISBN 978-1-68456-786-7 (Digital)
Printed in the United States of America
Table of Contents
Lonely Way Out—aka− Le Only Way Out Media
Personal
Buyer Discouraged at Mortgage Process
Offer Too Soon, Seller Not Ready to Move
Seller Decides They Can’t Let Go
Car Wreck or Other Accident
Buyer or Seller Becomes Sick
Buyer or Seller Becomes Disabled
Buyer or Seller Gets Called to Go Overseas to Serve
Buyer Becomes Pregnant
Buyer and Seller Fight
Buyer or Seller Gets Bad Feeling or Hears Rumor about Other Party
Buyers or Sellers Break Up or Divorce
Buyer or Seller Jailed
Wait, What’s the Tenant’s Name?
Buyer or Seller Die
Buyer Decides It Is in God’s Will
Neighborhood
Amenity Closing or Opening
Change in Zoning
Neighbor’s Dog
Sex Offender
Meth Lab Bust
Drive-By Shooting
New Crime Report
School Ratings Lowered
Property Taxes Rising
Neighbors Do Something Weird
Neighbor’s Appearance
People in the Neighborhood
Money
Deposit Check Bounces
Insufficient Closing Funds
Buyer’s or Seller’s Credit Changes
Waiting on Settlement Check
Seller’s Mortgage Falls Through
Seller Files for Bankruptcy
Buyer Loses Job
Buyer Gets Transferred
Buyer Afraid She Will Lose Job
Buyer Gets Raise or Pay Cut
Buyer Has Payment Pop-Up
Buyer Has Fluctuating Income
Lender Gets Bad Reputation
Loan Officer Quits, Gets Fired, or Retires
Buyer Gets Two Houses Under Contract
Deal on Buyer’s House Falls Through
Buyer’s Loved One Needs Money
Unsatisfied Lien Appears
Buyer Doesn’t Use or Trust Banks
Closing Costs More Than Sales Price
Buyer Gets Notice Being Audited by IRS
Federal Lien Placed on Seller’s Assets
Discover Large Lien the Seller Wasn’t Aware Of
Seller Gets Offered Lucrative Lease (Or Believes They Will)
USDA Doesn’t Have Funds Currently Available or Finance Properties in Area
Delays Create Short Sale or Foreclosure
Wipeout Clause or First Right of Refusal
Buyer Is Doing 1031 Exchange, and Property They Are Selling Falls Through
Seller Is Doing 1031 Exchange and Property They Are Buying Falls Through
TRID Regulations
News about the Economy
Closing Costs Increase
Unexpected Expense
Nature
Dumping on the Property
Ground Contamination
Sinkhole Develops
Flood Map Changes—Jiminy Crick-ets
Wind Damage
Radon! Oh, Radon! I Hate You, You Don’t Stink
Water Well Becomes Contaminated
Lease Discovered on Property
Drilling Announced in Area
Seller Requests Easement to Harvest Apples
Snow Collapses Building
Weather Causes Delay to Repair
Ice Damage/Ice Dams Discovered
Termites Strategically Covered
Large Old Tree Splits Properties
Trees Cut Down
Water in Basement
Asbestos
Mold
Bats, Snakes, and Rodents, Oh My!
Predator Sightings in Area
Changes
Septic Passed but Now Failing
Septic Code Changes
Discover Septic Is on Neighbor’s Property
Zoning Changes
Seller Refuses to Fully Clean Building Out
What’s in a Name? (Appraisal Issues)
Easement Discovered on Property
Title Defects
Too Close to Gas Station
Seller Changes Mind on What Stays and What Goes
Upstairs Neighbor Has Leak Dripping Down
Acquaintance or Family Member Wants House
Moving to Accommodate Parent and Parent Passes Away
Moving to Be Closer to Parent and Parent Passes Away
Moving to Be Closer to Child and Child Moves
Break-In Causes Damage and Scares Buyer
House of Vandalized
Street Changes
House Changes
Buyer Does Final Walk-Through and Something Has Changed/Broken/Missing
Buyer Discovers History (Murder, Suicide, or Ghost)
Buyer Discovers There Is Cemetery on or Close to the Propriety
Crime Occurs on the Property
Outdoors or Indoor Smell
Uninsurable Property
Tragedy on Property
Estate with Multiple Sellers
Seller Dismantles House
Tenant Won’t Move Out
Tenant Busted for Meth Lab
Unsettled Insurance Claim
Pipe Bursts
Buyer Doesn’t Like the House Empty
Parent or Other Real Estate Expert
Comes Through
Scheduling
Lis Pendens Filed
Creepy Things
House Burns Down
Change at Closing Table
Cold Feet
Swimming Pools
Vacant Houses
Lonely Way Out—aka− Le Only Way Out Media
Real estate is as easy as 1-2-3, right? Search for a house, find a house, close on the house. Not so fast! Real estate transactions are best left to professionals to guide you through the process. This book is about 1-2-3 (one hundred twenty-three) reasons why it’s a funny business that’s best left to people who do this for a living!
I could write a book. I should write a book. I might write a book. I will write a book. I wrote a book. I have put my ten-thousand-plus hours into real estate, so at this point, Malcolm Gladwell would consider me an expert on how real estate deals can fall apart. We often kid in our office that we could write a book about the crazy scenarios that occur during a real estate transaction. Everyone in real estate has stories to tell, so I thought I would share some of mine with you. Hopefully this helps others obtain a better grasp of residential real estate deals. A lot of the scenarios are so outrageous that we cannot anticipate them and wouldn’t be able to make them up.
This book is meant to be for readers with any degree of real estate experience. The novice to the real estate expert. Hopefully the novice doesn’t get too scared, as this is meant to help you avoid some of the potential issues that can arise after you have an accepted sales agreement on your dream home. At the same time, hopefully the real estate expert can laugh and this book does not rekindle too many bad memories. Real estate is full of learning experiences even for those with countless hours of experience and real estate knowledge.
I am a real estate broker who has been selling real estate for the past fourteen years. Fourteen very interesting years to sell real estate. The unexpected aspects that have occurred during my pending transactions in those years are what this book is about. When I started, it seemed like anyone, dead or alive, could get a loan, and it was simple to get to the finish line and close. Then no one could close on a home without offering their firstborn. Some funny things have happened in between.
Every deal is different. Something unexpected always comes up. Unfortunately, the unexpected issue(s) are always something different. No matter how hard one tries to think of any unexpected issue(s) that may arise, it never works out. No matter how prepared and experienced an agent may be, no can anticipate all the crazy, unexpected twists and turns a real estate deal can take. However, a good real estate professional can help navigate the obstacles to get you to the end zone.
These are the issues real estate professionals quietly worry about throughout the transaction. However, we try to remain quiet to not scare our clients. A lot of things can go wrong in a transaction that are out of the broker’s control no matter how hard one tries to anticipate potential issues and how much experience a real estate professional has gained. Real estate is a school of hard knocks where no one ever graduates. There are no easy lessons in real estate!
Real estate can take you to the top of the world one minute, then the phone rings and you are quickly humbled and back at the bottom, trying to dig your way out of a new dilemma that is going to hold up the closing. Not only do the dilemmas cause you to figure your way out of the issues that have arisen, they also tend to delay dates and closing time frames. Maybe even kill the deal. Agents expect and understand these dilemmas because they deal with them every day. However, most buyers and sellers are livid when they find out there is a hurdle. Real estate is increasingly full of hurdles, and it is best to gently lay this on your clients up front so they don’t take a fatal leap.
This book is for everyone even if you prefer to rent and never intend to own your own property. You may find yourself handling someone’s estate or giving advice to a loved one about real estate. Every buyer or seller has an expert real estate advisor in the family or at work. Unfortunately, the advice is not always the best. This book will hopefully help you prepare for the excitement that buying and selling real estate brings. It might even be good for real estate professionals to share this book with acquaintances so they can start to understand what makes real estate professionals the way they are!
Want to prepare your buyers and sellers for the roller-coaster ride of buying and selling residential property? This is the book to have them read. Better yet, have them read this book as soon as you meet to go over the consumer notice. When they ask if the deal is a sure thing,
remind them to read this book. Reiterate to them it looks positive, but there are no sure things in real estate. Buyer, beware!
There is often a domino effect when buying and selling real estate. The buyer needs to sell so they can buy, and the seller needs to sell so they can buy. This creates a line of dominos that can extend to various lengths with numerous people relying on dominos to fall that they have no control over.