Here is a lesson to be learned about contracts and what it really means to sign one… (its a legally binding document you know).
I recently got connected with some first time home buyers. They got pre-qualified and we were off to go shopping. I choose a bunch of different homes for them to look at within their comfortable price range. As we went through the first few houses, I pointed out “normal” old house problems and potential big problems when necessary. House # 3 was a winner for them. It was a very unique home, needed some cosmetic updating, but nothing MAJOR stuck out to me. However, I’m not a home inspector as I tell most people. If you like it and want to pursue it, get an inspection done. Its also not uncommon for people to find a home that they like the first day out shopping.
We looked at one more just so that they were sure and then they wanted to stop for the day. As I dropped them off, they wanted to think about what they saw that day and said they would give me a call. The next day they called. “We are ready to move on this one” they told me. Alright! However, he was going out of town and couldn’t do anything until Friday (it was Sunday evening). Okay, but I warned him that it could potentially be gone if they waited.
So Friday came along and I met up with them to sign the paperwork. We went over the entire contract, almost verbatim. It took a while, but since they were first time home buyers, I really wanted them to understand what they were signing. A purchase contract is normally contingent upon 2 things: Inspections and Financing. In the inspection clause (which I read to them) basically states that we can’t back out of the contract because of material defects, we must ask for repairs after inspections - we just can’t walk because we didn’t like what we saw, we have to give the seller an opportunity to fix the problems and if they seller will not then the contract becomes null and void.
We signed all of the documents and sent the contract off to the listing agent. Couple of days later it was ACCEPTED!! We got a great price for the house and my buyers were pleased. They then asked if they could take their friends and parents through. Sure I thought, no problem. Inspections were scheduled for the following week. I was headed out of town and so I had a fellow agent walk them through the house. Friends went through and everything was okay. Parents went through and I thought everything was okay until my buyer called me the next morning telling me he wasn’t going to purchase the house?? What happened?? We didn’t even go through inspections!
Basically the parents went through and vetoed the home. For reasons I’m still not sure of. He mentioned something about dampness in the basement (NORMAL for a 80 year old house, which I mention to ALL of my clients who are looking at older homes. Its more abnormal to find a basement that doesn’t get a little wet then one that does) and also something about it looking like the ceiling had had some patch work done from a possible roof leak. Well, if the roof was fixed and the problem was solved, then there is no problem. There were no other reasons why, he just kept saying we aren’t buying the house. So I told him, that if we try and get out of the contract now, you probably won’t get your earnest money back because we have no valid reasons. We would try, but no seller is going to just let someone out of a purchase contract with out compensation because the buyer has changed their minds! Worst case would be that they would sue us for breech of contract. Loosing the money would have been much better compared to a civil suit and my buyer agreed.
So such was the case. They were not willing to release us without something for their troubles and their loss of market time. They would let us go, but they would keep the earnest money. Fair enough. I’m happy that it ended so “trouble free.” As for my buyers? Well, I haven’t heard back from them. Which I’m okay with, I would choose not to continue to work with people who are going to be big liabilities for me in the future…
The point of my story, is if you are buying your first house. REALLY make sure you understand what you’re signing and what you’re getting into. I don’t think my buyers did and I think they got overwhelmed with the thought of buying a home, mom & dad put doubts in their minds and they wanted to bail. These things happen, but hopefully not again to me.