How A Short Sale Offer Should Be Written

How A Short Sale Offer Should Be Written
Why A Short Sale Buyer Must Commit To Buying A Short Sale Property

I specialize in Nashville area short sales. With short sale listings (and any listing) there is significantly more to the offer than just the purchase price. I always recommend that my Nashville Tennessee short sale clients accept the most qualified offer, which is not necessarily the highest offer. Many times a potentially great offer will be rejected because it contains terms in the contract that will make a successful short sale closing highly unlikely. For example, one contract term that is an absolute deal killer on a short sale is the buyer requiring the right to back out at any time, or that the contract is non-binding until written short sale approval is obtained. Sorry buyers. One-sided “option type contracts” that allow the buyer to bail out at any time are very risky to short sale sellers who may have no other chance to re-sell the property due to a pending foreclosure sale, or a foreclosure sale that is likely to be scheduled soon. Another major (and common) short sale offer problem is with buyers who don’t want to do their property inspection until after the bank or mortgage company approves the short sale. That is a recipe for failure. From the seller’s standpoint, spending 30-120 days (on average) negotiating a short sale only to find out that the buyer doesn’t want the home, or doesn’t want the home at the contract price due to problems found with the home, as a result of the inspection, is an exercise in futility. Even if the buyers still want the property with a repair credit (assuming their lender will even allow it), or the buyer wants the home at a lower price, there is a good chance that the revised offer will be rejected by the short sale lender, particularly if there is not enough time to complete a property re-valuation, or to convince the short sale lender that the property condition warrants a lower price or net. We could have sent a list of the property problems to the short sale bank and the BPO agent (or short sale appraiser). Those problems could have factored into the original price negotiations with the short sale bank. Waiting until after the offer is approved by the short sale lender and then battling the short sale lender on the price could cause the seller to run out of time and be foreclosed. From the buyer’s standpoint, why would you want to waste your time waiting for short sale approval on a home that you potentially don’t even want at the offer price, or maybe don’t want at all? To save $350.00+/- on a home inspection? That seems to be very shortsighted to me. To avoid problems like this I have very detailed short sale offer instructions that cooperating buyer agents must follow when writing up their offer on my Nashville short sale listings. To make these offer instructions more enforceable, in my listing documents with the seller I am granted the authority to reject any and all offers that do not comply with these offer instructions. A buyer thinking about purchasing a short sale listing absolutely must commit to the property in its AS IS condition. If a buyer is not willing to make that commitment they need to move on and buy another property. I am not trying to be rude, but a short sale offer must be written in a way that clearly indicates that the buyer is committed to closing on the purchase of the short sale property.


Jim McCormack is a Nashville Real Estate Broker who provides Expert Real Estate Solutions for for Nashville, Brentwood, Franklin, Nolensville, Spring Hill, Thompson’s Station, Murfreesboro, Smyrna, LaVergne (La Vergne), Antioch, Columbia, Mt. Juliet (Mount Juliet), Springfield, Gallatin, Hermitage, Hendersonville, Clarksville and Middle Tennessee (Davidson, Maury, Montgomery, Robertson, Rutherford, Sumner, Williamson and Wilson Counties) Homeowners and Real Estate Investors Facing Foreclosure and Needing to Short Sell Their Homes and/or Investment Properties. Jim Specializes in Short Sales and Foreclosures and Providing Sellers Short Sale Help and Foreclosure Help. Jim’s Help is Free to Nashville TN Short Sale Sellers. Jim Helps Sellers Stop Bank and Mortgage Foreclosure with a Short Sale, or a Fast Cash Offer. Avoid Foreclosure by Working Directly with a Nashville Tennessee Real Estate Expert and Investor who is Uniquely Skilled, Honest, Compassionate, Caring and Exceptionally responsive to the needs of his clients. Jim Encourages You to See What His Clients Say About Him. For Buyers, Jim understands the Various Nashville Tennessee Housing and Investment Real Estate Markets Extremely Well and is Particularly Skilled at Assisting Buyers with Determining the Market Values of Homes and Investment Properties. Due to that Real Estate Valuation Expertise, Jim can Help Nashville Home and Investment Property Buyers Get Fantastic Deals on Their Nashville Area Real Estate Purchases.

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