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Old 10-22-2012, 11:52 PM
 
28,115 posts, read 63,680,034 times
Reputation: 23268

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I've never bought a foreclosed or short sale property... have bought several in probate plus all the other normal ways...

The house next to me was foreclosed last February and the Listing Agent who is also the Broker came over to talk with me at that time... she asked me to keep an eye on the place and I agreed... She is also past president of the local Board of Realtors and has several Broker of the year designations.

Told her I want to buy it and she said she would write my offer as soon as the Bank released it and we have stayed in contact...

Anyway, I come home and see her sign up and give her a call... there was silence and then ask what she could do for me... I told her I saw the sign and wanted to meet with her to get my offer in.

She then says this is problem because she is already representing a buyer that has a history with the property Don't know how this can be because the property had not been on the MLS for 12 hours and she wrote the offer two weeks prior to the owner that use to live their prior to the folks that were foreclosed on.

Anyway, she said she was very sorry and could have one of her agents call me...

So, I put in my offer and it is one of 12 acknowledged as being received by the Thursday deadline... mine was also 11% higher than asking, all cash, as-is with a 15 day close.

The next day she sends out a letter asking for my best and final offer and a document that must be signed waiving specific requirements of my city for the seller sewer inspection certificate and State requirement for HOA docs...

Six of the parties made a return visit and spoke with me the neighbor... most seemed like good neighbor material... I also found that she had my name and phone number on a binder in the house so at least some that stopped to ask me questions were directed by the Broker info.

Today, I learned from one party the Bank has countered their best and final offer?

My question is when is a deal a deal and why do Banks think they are above the law?

A friend is a Real Estate Attorney and another is my City Manager... both said buyers in my city have sued in small claims and won over the sewer requirement and HOA docs...

To an outsider, it really seems like the entire process is rigged...

Meanwhile, I'm hoping on getting nice neighbors and curious what they had to do to get the property.

Last edited by Ultrarunner; 10-23-2012 at 12:05 AM..
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Old 10-23-2012, 09:34 AM
 
Location: Salem, OR
15,578 posts, read 40,440,822 times
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Banks don't care about the laws and if buyers are willing to waive their rights, then it works. It is that simple.
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Old 10-23-2012, 09:44 AM
 
3,398 posts, read 5,106,606 times
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I don't see how laws were broken. You may not like the deal they offer, but it doesn't make it against the law.
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Old 10-23-2012, 09:49 AM
 
Location: Austin
7,244 posts, read 21,814,092 times
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I'm also curious as to what laws you feel have been broken?

I'm curious as to why your information is in the property for buyers to contact. Did you agree to that? I don't understand.
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Old 10-23-2012, 03:04 PM
 
28,115 posts, read 63,680,034 times
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Oakland and other Bay Area cities have passed strict ordinances that require any sewer more than 10 years old be inspected and certified... certificate is good for 10 years. Certification or repair must be done and permit closed prior to transfer.

Also, California Law requires the Buyer be furnished HOA documents prior to transfer.

Also, many renters were being told/coerced into believing they had to vacate Bank Owned Properties... again, cities had to bring suits against lenders simply to get them to follow the law.

My city also has a blight ordinance as do many others... much effort is often required to track down the lender owners and it is often ignored until legal action or lien is placed...

The above are only a few examples...

It shouldn't take legal action, threat of legal action or property liens to force property owners to follow the law.

http://www.eastbaypsl.com/eastbaypsl...LOrdinance.pdf

Section 3 - When a Compliance Certificate is Required

a. Title Transfer. Prior to transferring title associated with the sale of any real property
that contains any structure with a sewer lateral within the District's wastewater
service area, pursuant to Section 11 of this Title, the transferor property owner shall
disclose the requirements of this Title. The transferor property owner or transferee
shall obtain a Compliance Certificate pursuant to Section 4 of this Title, and provide
a copy of a valid Compliance Certificate to the "Interested Parties," as defined in this
paragraph. "Interested Parties" means (1) the transferor property owner's real estate
broker, if any, (2) the transferee, (3) the transferee's real estate broker, if any, (4) the
escrow holder, if any.

Last edited by Ultrarunner; 10-23-2012 at 03:17 PM..
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Old 10-23-2012, 03:08 PM
 
28,115 posts, read 63,680,034 times
Reputation: 23268
Quote:
Originally Posted by FalconheadWest View Post
I'm also curious as to what laws you feel have been broken?

I'm curious as to why your information is in the property for buyers to contact. Did you agree to that? I don't understand.
My offer was made based on the listing agreement.

After 12 offers were received... the bank provided an opportunity for the 12 to submit best and final offers...

I did give my contact info to the Broker back in February so she would be able to write up my offer...

I have no idea why my information would be posted inside the house on the cover of the binder with applicance instrutions, spinkler zones, etc...

Last edited by Ultrarunner; 10-23-2012 at 03:23 PM..
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Old 10-23-2012, 03:20 PM
 
3,398 posts, read 5,106,606 times
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Quote:
Originally Posted by Ultrarunner View Post
My offer was made based on the listing agreement.

After 12 offers were received... the bank provided an opportunity for the 12 to submit best and final offers...
Not against the law. The bank has a right to counter like any seller.
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Old 10-23-2012, 03:41 PM
 
28,115 posts, read 63,680,034 times
Reputation: 23268
Quote:
Originally Posted by Zyngawf View Post
Not against the law. The bank has a right to counter like any seller.
I'm not questioning the counter...

I am questioning how the seller can refuse or even acknowledge the sewer compliance certificate requirement and fail to provide HOA docs...

As I mentioned, the city manager I spoke with said Lenders are by first the worst sellers... her office is constantly dealing with issues when Lenders own property.

Lender owned property is a very small percentage in her city... Lender owned property takes 2/3 of her cities code compliance, blight... etc.

Last edited by Ultrarunner; 10-23-2012 at 03:57 PM..
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Old 10-23-2012, 08:32 PM
 
3,398 posts, read 5,106,606 times
Reputation: 2422
Quote:
Originally Posted by Ultrarunner View Post
I'm not questioning the counter...

I am questioning how the seller can refuse or even acknowledge the sewer compliance certificate requirement and fail to provide HOA docs...

As I mentioned, the city manager I spoke with said Lenders are by first the worst sellers... her office is constantly dealing with issues when Lenders own property.

Lender owned property is a very small percentage in her city... Lender owned property takes 2/3 of her cities code compliance, blight... etc.
Tell us where you are. There aren't laws like the where I am.
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Old 10-24-2012, 12:07 AM
 
28,115 posts, read 63,680,034 times
Reputation: 23268
Quote:
Originally Posted by Zyngawf View Post
Tell us where you are. There aren't laws like the where I am.
Sorry about that...

Property is located in Oakland California.
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