Just had a house with an accepted offer show up again on the MLS. (appraiser, retired)

[flowermoundmom]

Just read your original post. The same thing happened to us. We even put down earnest $! The listing agent was a real piece of work! Never calling our agent back, etc. We had a signed agreement and than poof! Gone! Luckily we got our $$$ back! Curious if the realtor was one in the same....hmmm.

[Captain Bill]

Rick, did you have a signed short sale agreement with the bank, or a verbal agreement?

I'm not talking about the purchase contract signed by the owner/seller.

If the bank signed the agreement to sell you the house, then there is a mistake somewhere. If it is a verbal, that is not good.

If the listing agent is not responsive, then I suggest you personally telephone and speak with the agents broker and ask him to find out what happened. But first document that the listing agent has not responded to your agent within a 24 hour period.

If you have a signed contract with the bank, let the broker know that.

[Rick Lee]

Well, the plot thickens. Our agent got hold of the listing agent late last night to say WTF. Listing agent said it was just a snafu, that we do now have final bank approval and we need to send an EMD over before Monday. Minutes later I went back to the MLS and the listing was marked AWC and the blurb about the buyers walking was deleted. Luckily, I saved a screen grab of it before it was changed.

I can understand the listing agent mistakenly making the listing active again, but I can't understand his writing "buyer walked" in the listing.

BTW, we don't have a signed anything with the bank. But now the listing and the agent both say bank has given final approval at the price we offered.

My concern now is sending over an EMD, having it tied up while we do inspections/appraisal and then getting a final bank approval on the other short sale we have an accepted off on, which my wife wants a lot more than this one. I need to have a sit down with the wife and our agent and have him explain this to her, since she's not understanding my version of it.

I'm not a conspircacy nut, but this house is in the middle of a divorce, only the husband is listed on title and only the wife lives in the house. The wife is living there for free and probably doesn't want to get off that gravy train. I wonder if she and the listing agent are in cahoots to drag this out forever.

[_Charles_]

I'm not a conspircacy nut, but this house is in the middle of a divorce, only the husband is listed on title and only the wife lives in the house. The wife is living there for free and probably doesn't want to get off that gravy train. I wonder if she and the listing agent are in cahoots to drag this out forever.

1. AZ is community property state - the house is 50% hers she cannot be left out of the deal. She has to agree to be bought out.

2. Verbal agreements for anything over $500 in AZ are not legally enforceable. You need things in writing and you need to find out what is going on with that soon to be divorced wife.

[Ponderosa]

Originally Posted by Rick Lee

Well, the plot thickens. Our agent got hold of the listing agent late last night to say WTF. Listing agent said it was just a snafu, that we do now have final bank approval and we need to send an EMD over before Monday. Minutes later I went back to the MLS and the listing was marked AWC and the blurb about the buyers walking was deleted. Luckily, I saved a screen grab of it before it was changed.

I can understand the listing agent mistakenly making the listing active again, but I can't understand his writing "buyer walked" in the listing.

BTW, we don't have a signed anything with the bank. But now the listing and the agent both say bank has given final approval at the price we offered.

My concern now is sending over an EMD, having it tied up while we do inspections/appraisal and then getting a final bank approval on the other short sale we have an accepted off on, which my wife wants a lot more than this one. I need to have a sit down with the wife and our agent and have him explain this to her, since she's not understanding my version of it.

I'm not a conspircacy nut, but this house is in the middle of a divorce, only the husband is listed on title and only the wife lives in the house. The wife is living there for free and probably doesn't want to get off that gravy train. I wonder if she and the listing agent are in cahoots to drag this out forever.

Hmmm. Maybe the listing agent and the wife are lovers .

Anyhow here's some free advice: ALWAYS get the house your wife wants.

[changyai]

Better advice--never marry, even if you are in love.

[observer53]

Originally Posted by _Charles_

1. AZ is community property state - the house is 50% hers she cannot be left out of the deal. She has to agree to be bought out.

2. Verbal agreements for anything over $500 in AZ are not legally enforceable. You need things in writing and you need to find out what is going on with that soon to be divorced wife.

The house may have belonged to the husband before they got married. If so, the marriage doesn't change that separate property into community property. It's not the most likely scenario, but it's possible.

[Rick Lee]

Folks, it's a short sale. Seller is not walking away with a dime, so there's nothing to split with his wife, unless it's debt. I'm just about positive no payments have been made on this house for a long time. Husband doesn't live there and wife lives there for free. Yes, it's a gravy train for her and she'll have to find somewhere else to live (and probably pay for it) if this sale ever goes through.

Anyway, the listing agent's excuse to our agent today seemed pretty plausible. He only deals with short sales and he simply wrote the truth about a different property while trying to update the wrong (our) listing. He fixed it immediately. Of course, I'm still curious as to why this listing agent has been so hard to get a hold of and why we were never informed of the bank approval until our agent called him about this listing error.

Now it turns out another house we were in second position for, which has fallen through twice and is lender owned, is soon to fall through again. Buyer somehow snuck a contingency clause in there and the bank didn't catch it. He hasn't sold his house yet and the bank is finally putting their foot down, giving him until 9/10 to get a contract on his place. So we could get this one instead, which my wife and I would much rather have, but we've been disappointed on this one a few times already.

[Grannysroost]

Originally Posted by Rick Lee

Folks, it's a short sale. Seller is not walking away with a dime, so there's nothing to split with his wife, unless it's debt. I'm just about positive no payments have been made on this house for a long time. Husband doesn't live there and wife lives there for free. Yes, it's a gravy train for her and she'll have to find somewhere else to live (and probably pay for it) if this sale ever goes through.

Anyway, the listing agent's excuse to our agent today seemed pretty plausible. He only deals with short sales and he simply wrote the truth about a different property while trying to update the wrong (our) listing. He fixed it immediately. Of course, I'm still curious as to why this listing agent has been so hard to get a hold of and why we were never informed of the bank approval until our agent called him about this listing error.

Now it turns out another house we were in second position for, which has fallen through twice and is lender owned, is soon to fall through again. Buyer somehow snuck a contingency clause in there and the bank didn't catch it. He hasn't sold his house yet and the bank is finally putting their foot down, giving him until 9/10 to get a contract on his place. So we could get this one instead, which my wife and I would much rather have, but we've been disappointed on this one a few times already.

Could depend on the divorce, but if not tied up now, good! Not sure if that can take over bank view, but it is a legal matter. When my parents divorced...when my youngest brother turned 18, one of the parents had to buy the other one out for appraised value or put on the market...Not sure on this deal, but something to think about with title being clear. What a cluster...so glad I don't have your stress...sending good thoughts!

[_Charles_]

Folks, it's a short sale. Seller is not walking away with a dime, so there's nothing to split with his wife, unless it's debt. I'm just about positive no payments have been made on this house for a long time. Husband doesn't live there and wife lives there for free. Yes, it's a gravy train for her and she'll have to find somewhere else to live (and probably pay for it) if this sale ever goes through.

Unless the divorce is final the house is 50% hers including the liability for a deficit resulting from a short sell. Short of foreclosure she has the right to stop ANY sell by refusing to agree.
If the property is owned sole and separate due to being aquired prior to marriage than that needs to be clearly stated in writing somewhere.