"Every
Who down in Whoville liked Christmas a lot, but the Grinch, who lived
just north of Whoville - did not. The Grinch hated Christmas - the whole
Christmas season. Now, please don't ask why; no one quite knows the
reason. It could be, perhaps, that his shoes were too tight. Or it could
be that his head wasn't screwed on just right. But I think that the
most likely reason of all may have been that his heart was two sizes too
small." From How the Grinch Stole Christmas
In
February I began working with a young Key West couple and their young
son, who I'll call "O". Back then "O" had just started to take the
timid steps of a one year old. Mom and Dad and "O" live on a little boat
in Key West and they are hoping to find a modest house that they can
afford. I warned the parents not to teach "O" how to climb stairs. But
his mom said he had already figured out how to climb the ladder on the
boat and work his way onto the deck. She added he had been taking
swimming lessons. But getting him onto land was their main concern.
Green grass and land, not green eggs and ham.
My buyers have the pre-approval letters from local and national lenders. They have had
their attorney review the initial contracts we submitted. When my buyers
decided to make an offer on a short sale property, they went back to
the attorney just to make sure the forms were correct.
We got
several "Seller accepted another offer" phone calls or emails. When a
particularly well located, charming, and affordably priced condo
recently got listed, my buyers immediately submitted an offer. There
were apparently multiple-offers so the bank owner require each potential
buyer to submit the best and final offer. We never got any response
from the listing agent, but I did see that the mls listing status was
changed to "contingent", meaning a contract had been entered into
between seller and buyer.
My buyers lost a couple of other
properties where the seller requested a "best and final" offer. These
were for bank owned properties and I figured my young customers had a
good shot at each of the properties. But none of their offers got
accepted. Except until last week. Finally, my customers' offer on a nice
little Key West condo got accepted. We had arranged for a local lender
to fund the purchase and felt reasonably assured the deal would be
closed before December 31st. The seller's agent called me a week ago and
said my customers got the property.
The seller's agent sent me a
detailed email acknowledging the seller (a really Big Bank in Texas)
had accepted the offer and stated the buyer must sign an additional
standardized contract of sale form drafted by the bank as seller.
I
told my customers early on that banks are always the last to sign any
contract. Banks do not want to re-negotiate a deal once the deal has
been struck or approved. So the bank waits till all details are agreed
upon and signed by the buyer before the bank signs.
The listing
agent changed the status in Key West Association of Realtors database
that same day. He sent me the required bank contract forms for my
buyers' signatures. Since the bank contract forms were something "new",
my buyers took the contract to their attorney for review. The attorney
found a couple of issues that caused some concern for my buyers, but
they signed the forms without change. I sent the bank's addendum to the
seller's agent last Friday at about 4:15 PM. Later that night I got a
phone call followed up by an email from seller's agent advising that
there was another "new" form that the bank seller also required. I
printed it out and forwarded it to my buyer. They signed it and I
returned it to Seller's agent very early Sunday morning.
Late
Monday afternoon I got a phone call from seller's agent who told me the
Seller (the really Big Bank in Texas) had decided to accept a lower
priced all cash offer instead of my buyers' offer which it previously
accepted. The seller's agent apologized and said the bank asset manager
said since the bank had not signed my buyer's contract it was free to
accept another offer.
The funny thing is the Seller's agent felt
we had a deal because the agent urged me to get the final bank contract
forms signed and returned within 48 hours of the bank's acceptance. We
did that. So we had (1) a phone call advising my buyers' offer was
accepted, 2) an email confirming that my buyers' offer was accepted,
and (3) the Seller's agent changed the status in the mls. But the guy at
the Big Bank in Texas, just north of Whoville and way far away from Key
West, did not see it that way.
Just who is this Texas Grinch and
how can he spoil little "O's" Christmas by taking away his house?
Well, Dr. Seuss probably got it right when he wrote "Now,
please don't ask why; no one quite knows the reason. It could be,
perhaps, that his shoes were too tight. Or it could be that his head
wasn't screwed on just right. But I think that the most likely reason of
all may have been that his heart was two sizes too small."
I guess the bank asset manger at the Big Bank in Texas doesn't subscribe to the Horton the Elephant's School of Ethics
"I meant what I said, and I said what I meant.An elephant's faithful, one hundred percent."Little "O" is not going to get his new house for Christmas this year!
But we will eventually succeed.