Buying A Home
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Offered on a Foreclosure, the bank came back with this...

So we put in an offer on a house.  We heard back on our offer, they accepted the price, they want the inspection done within 10 days (which we would want asap as well), they want to move the closing date closer (ok fine) but they want to be able to take and accept other offers until closing day.  Is that...weird?  I mean, that isn't really accepting the offer now, is it?  

I'm sort of nonchalant on the house, its a nice house, but if it doesn't work out that is fine with me.  But I can't MAYBE pack up and move my family...not if they could potentially accept someone else offer the day before we were to close.  I have never heard of this before, but then again, I've never tried to buy a foreclosure before.  Is this something people do? 

Re: Offered on a Foreclosure, the bank came back with this...

  • AprilH81 said:
    I'm not a Realtor and this is something you should talk over with him/her.

    BUT...

    Receiving offers while under contract is okay, but you need something legally binding that they can't decline your offer just because a higher/better offer comes in.  If they want something "just in case" your deal falls through that is one thing but as long as you guys stay in contract (timely inspection, request to remedy is okay, financing is lined up in time, etc.) then they shouldn't be able to break the contract just to favor a new buyer.  Does that make sense?
    I hope (and assume) that is what they mean.  Otherwise, it is completely insane because you (OP) will be spending money on the inspection and the appraisal before you get to closing.  That can be close to a grand only to have them say, "Nope.  An offer for $5K more came in.  See ya."  Make sure you are protected from a scenario like that.
  • AprilH81 said:
    I'm not a Realtor and this is something you should talk over with him/her.

    BUT...

    Receiving offers while under contract is okay, but you need something legally binding that they can't decline your offer just because a higher/better offer comes in.  If they want something "just in case" your deal falls through that is one thing but as long as you guys stay in contract (timely inspection, request to remedy is okay, financing is lined up in time, etc.) then they shouldn't be able to break the contract just to favor a new buyer.  Does that make sense?
    I hope (and assume) that is what they mean.  Otherwise, it is completely insane because you (OP) will be spending money on the inspection and the appraisal before you get to closing.  That can be close to a grand only to have them say, "Nope.  An offer for $5K more came in.  See ya."  Make sure you are protected from a scenario like that.
    I went back to reread their counter offer, because what you are saying really does make sense. 

     "Buyer acknowledges that the seller may consider all offers to purchase, regardless of the date of receipt, and that the seller may accept or reject any offer in it's sole discretion. Seller reserves the right to cancel this contract at any point, up to and including closing, for any reason"

    So...I'm reading that correctly aren't I?  
  • Yeah. I personally would not accept a purchase and sales agreement with the kind of language.  If you're flexible with your situation and wanted to take a chance with it, at a minimum I would require a provision that allows for monetary compensation if the seller accepts  another offer and cancels yours within x days of closing - but the bank likely wouldn't accept that.  That's just me personally.

  • Ooohhh no!  That is NOT normal language in a housing contract...even for a bank.  I would see if the langauge can be changed...like AprilH81 suggested.  But I would never agree to those kind of terms.

    And, as a comparison, I bought a foreclosure from a bank 3 years ago.  The bank insisted on writing the contract...it was pretty boiler plate...and it was many pages long.  The contract had protections for them up the ying-yang, but nothing even in their own contract that had language like you are talking about.

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