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Old 03-22-2009, 07:15 PM
c99
 
Location: Under the sun
237 posts, read 1,042,349 times
Reputation: 193

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Maybe the seller CANNOT sell at market price, or don't have to sell. We made an offer, similar in nature to the OP, but the offer was in-line with comps, actually a several dollars above price per square foot of the comps (we didn't find that out until after the offer, since my agent didn't do her homework pre-offer). Ouroffer was OVER $40K less than asking price, but asked our agent to present the recently sold comps to the sales agent to justify the offer price.

The Sellers did counter, taking $30K off their price; however, the Sellers could not lower their house to close to fair market value because they had not only overpaid for the property, but also had taken out a second mortgage on the house and were not in a short sale situation. The house needed a new roof, HVAC system, railings to be installed because they didn't meet code, etc. - that was just with a visual inspection and we were not going to over pay for a house in this market. We walked.

On a different note, when we were trying to sell our house about a year ago, Buyers made a lowball offer shortly after we listed our house. We got all miffed with their 'ridiculous' low offer (>$50K off of list) and we countered by only reducing the price by $2K off (hubbie's idea; not mine) It was the dumbest thing we have ever done. The Buyers walked and we regretted that stupid decision 8 months later as we paid our mortgage, lived in another state, and ultimately sold our house for $25K less than the original offer. We were Sellers that thought our house that we overpaid for in 2005 was worth what we paid for it plus realtor commissions. Oh well. Live and learn, and it was a hard lesson.

Maybe it's discrimination, maybe not, who really knows. Maybe the OP just peeved the Sellers off. I've been on both sides and could see not responding to what I perceived to be low offer. Been there, done that, regretted it. Move on.
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Old 03-22-2009, 07:16 PM
 
Location: Charleston, SC
5,615 posts, read 14,786,434 times
Reputation: 2555
You want to see if they discriminate? Offer full price and see what happens. Sounds like the offer was so low they got offended. Get over it and move on.
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Old 03-23-2009, 12:08 AM
 
Location: Columbia, SC
10,966 posts, read 21,970,243 times
Reputation: 10659
Quote:
Originally Posted by ready2sue View Post
just because there are some people willing to take unprofessional and rude behavior from sellers doesn't mean that I have to take it. the question is: are these people rude and unprofessional, or are they rude, unprofessional and racist? is they are the latter, that is what the Fair Housing Act is for.

there is something nefarious going on. in addition to me being asian, i am also gay. that's two strikes against me. i have talked to an attorney (yesterday) and he seems to think that "in this market, there is no excuse for this behavior other than discrimination. if they were not interested in selling, what idiot would list a property in this market just for fun?"

the house is priced at 279,000, by the way.

and why would i make a full price offer on a house that is overpriced by everyone's estimation? i may be a gay minority but i am not a moron.
I'd say you need to put on your big boy pants and get over it. They are being neither rude or unprofessional but rather gave you an answer by not accepting your offer (they think you aren't serious and aren't in the ballpark). You've given no evidence other than your word that the property was overpriced and your contract was clean. Did you ask for closing cost everything else under the sun along with the 22% below list offer? I'm willing to bet you did. Secondly, how on earth would they know you're gay and they could only guess you're asian by your name if they haven't met you.

Of course the attorney thinks you have a case. Normally the only winners in a lawsuit are the attorneys. What, do you think the judge will force them to sell you the house at your offer price? Will the threat of a lawsuit make them want to sell to you?

If you think my post was harsh, it was meant to be that way.
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Old 03-23-2009, 12:41 AM
 
Location: Georgia, on the Florida line, right above Tallahassee
10,471 posts, read 15,826,582 times
Reputation: 6438
http://blog.infinitemonkeysblog.com/...ll.preview.jpg
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Old 03-23-2009, 05:45 AM
 
Location: Halfway between Number 4 Privet Drive and Forks, WA
1,516 posts, read 4,589,290 times
Reputation: 677
Quote:
Originally Posted by stilageek View Post
Repeat after me: YOUR SELLER does not want to sell at a fair price. Trust me, there are a lot of sellers out there still in La La Land. Move on to the next property and don't waste time or energy on lawyers.

There are too many good deals out there right now to waste time on sellers who think their house is special, who "love" their home (CIGARBOO), who don't want to sell to jerks, who are picky (CIGARBOO), who will hang on to their price until someone pries it from their cold dead fingers, etc.

Are you kidding me? Waste time on litigation when you can get a house for next to nothing?

The minute I encounter a seller like this, I say NEXT, not SUE!
There are alot of buyers out there in La La Land, too... (StilaGeek)
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Old 03-23-2009, 08:41 AM
 
121 posts, read 414,950 times
Reputation: 126
OP: I just looked at the form to file a complaint under the Fair Housing Act. Seriously, go fill it out. Put the truth " I put a lowball offer in on a house and the sellers came down $20K but not to my price" in as the reason you feel you are being discriminated against and see how far you get. They will hopefully reprimand you for wasting their time.

You posted: the question is are these people rude and unprofessional ? No, because sellers are not "professionals" at selling homes. So how can they be "unprofessional"? They are also not "rude" for ignoring your offer. Well, maybe, but they just don't want to sell for less than 259K I guess.

MOVE ON. GET OVER IT.
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Old 03-23-2009, 11:47 PM
 
192 posts, read 721,583 times
Reputation: 181
Quote:
Originally Posted by ready2sue View Post
i have talked to an attorney (yesterday) and he seems to think that "in this market, there is no excuse for this behavior other than discrimination.
I think the largest problem here may be the ignorance of your attorney and maybe your own self.

Where does this assumption come from that every seller out there now, MUST be desparate and are willing to sell to anyone that offers anything if they have their home listed?


It seems a lot of people are under this false assumption, just because some people think it is stupid to list now unless you are desperate and willing to accept any offer that comes along.

The reality is, some people would "like" to move, but do not have to move. They list knowing they have the luxury of taking their time and chances to wait for the right offer that will move them out. If it never comes, no big deal to them. They gave it a shot. Those types of sellers are out there, weather you think they are stupid or not. They don't have to sell and can even ignore offers at asking price if they are having second thoughts about selling.

To immediately jump to racial and sexual orientation discrimination because they didn't accept an offer 1/4 below the sellers asking price is a sign to me that you may be over sensitive and slightly paranoid that the world is out to get gay asians.

Because your offer was so much lower then their asking price, you have zero grounds for any sort of suit. Lawyers will take on any case that comes to them to make a buck. That's what they do. It doesn't mean they will win them.

If your lawyer truly beleives discrimination is going on, get him or her to make the same last offer you did on their home. If he/she is not Asian and they accept his/hers, you have a case and I will eat my shirt, and your attorney can then sell it to you. Double bonus.

I also have no doubt that you have experienced true discrimination for both being Asian and gay in America. People can really suck in that department and planet earth has a lot of growing up yet to do. I highly doubt it is the case here after hearing their list price and your offer price though.

I agree with whoever said, what is foul/unproffesional here is how the Realtors have been communicating with you.

The seller is the one most at risk for taking things too personally. Their home is a huge part of who they are, their identity and what they may tie their sense of being and self worth too. Your low offer held high potential for being percieved as a great personal offense to them.

Have you considered how they felt recieving it?

At the same time, maybe what you offered is a lot of money to you, and you are tying your own self worth to your offer and are feeling personally rejected "not good enough to be accepted". Some people set themselves up for rejection, to support their own self rejecting beliefs. The sellers may have their own, not worthy enough complex and are setting themselves up to be low balled to support those beleifs.

If you are going to come in 1/4 below someones asking price, expect that you are the one first doing the personal offending out there. Get tougher about handeling the rejection that you are inviting your way through such offers 1/4 below peoples asking prices.

Just the same that there are assumptions about every seller being a desparate one, lucky to get any offer and they should take it, there are also sweeping assumptions about every buyer being a bottom feeder looking to rape and pillage those in distress. Sellers under that assumption can start off with a bad attitude towards buyers out there and can become overly angst against buyers from the start.

As much as you want to beleive that you are extra special and unique for being a gay Asian, I have news for you. This board is filled to ad nauseum with buyers of every race, age, orientation and sex, crying that some seller rejected their more then fair offer.



Just the same as they may be foolish for being over priced, as your realtor says they are, so to may you be for bothering with sellers out of touch with reality.

Just the same as they may think you are going to be too difficult to negotiate a fair deal with, why would you want to press forward with sellers who clearly appear to be beyond difficult for you to negotiate a fair deal with?

Why not make offers on homes that your realtor does not think are over priced and spare yourself from any future rejection?

Is it that you wanted THAT one, because it is so much better then what else is out there for you to choose from? If that is the case, then maybe, there is something extra special and exceptional about it that does justify their higher asking price. Did you think about that?

A buyers market just means that there are more homes for sale then people looking to buy them. It does not mean that you will get the house you want for the price you want to pay for it. La la land is open to everyone who wants to enter it's doors.
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Old 03-24-2009, 11:29 AM
 
Location: Charleston, SC
5,615 posts, read 14,786,434 times
Reputation: 2555
hey ready2sue, I'm making you an offer right here, right now for both your car and whatever house or condo you own. $10.00 each.

If you don't accept it or get back to me you obviously discriminate against straight people. Clock's ticking...
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Old 03-24-2009, 12:43 PM
 
1,831 posts, read 4,433,211 times
Reputation: 1262
Quote:
Originally Posted by ready2sue View Post
just because there are some people willing to take unprofessional and rude behavior from sellers doesn't mean that I have to take it. the question is: are these people rude and unprofessional, or are they rude, unprofessional and racist? is they are the latter, that is what the Fair Housing Act is for.

there is something nefarious going on. in addition to me being asian, i am also gay. that's two strikes against me. i have talked to an attorney (yesterday) and he seems to think that "in this market, there is no excuse for this behavior other than discrimination. if they were not interested in selling, what idiot would list a property in this market just for fun?"

the house is priced at 279,000, by the way.

and why would i make a full price offer on a house that is overpriced by everyone's estimation? i may be a gay minority but i am not a moron.
Well, then go 'head with your bad self. Let us know how it all works out.

Um, have the sellers seen you or asked you about your sex life?

Maybe the sellers think there's something nefarious about you b/c you're sniffing around for a lawsuit.
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Old 03-24-2009, 12:53 PM
 
3,283 posts, read 5,205,438 times
Reputation: 753
Quote:
Originally Posted by ready2sue View Post

why? because i am asian and the sellers live on the same street and do not want me in their neighborhood.


yup, that must be it!
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