Friday, August 26, 2016

Third times the charm?

and back on the roller coaster ride.  The agent brought her client this afternoon. An offer is on it's way any time now. Full price, she is waiving inspection period (she looked at the report copy we were given and felt comfortable with it), just needs appraisal done, is fully approved for conventional loan and closing date will be set as 9/27, or sooner if they can.

DH had let the owner of the small house we had planned to buy (and had to back out of earlier this week) that we are getting an offer already. He called up just as I was on phone with agent, telling me the lady wants to buy our house, and said they want us to put our offer in again. It will all work out.

The ladies that own the property we want to buy are so sweet. They told our agent over there they know we will sell our house at some point and they aren't going to list their property. Just let them know when we are ready to do the deal!

Hoping all this can finally go our way.

Thursday, August 25, 2016

A potential buyer already

Maybe our real estate agent's incompetence might actually benefit us for a change!

Finally around 10am (after I emailed her again about it) she sent me the paperwork to e-sign terminating the sale contract with buyer. She told me there wasn't any more I needed to sign with her, as my contract with her technically expired 7/27 and now that we are no longer under contract with the buyer, she will just pull the listing and just needs to come out and get the lock box (but not until next Tuesday, mind you).

About an hour later I get a phone call from an agent - saying she saw our house just showed up as available again, she knows we have requested 2 hour notice, but can she bring her very interested client by in an hour? I'm like..umm....well...we lost the sale on our house and just now signed the papers terminating this morning. We aren't going to list with the same agent and haven't yet found a new one, since the termination papers just literally got signed and I was told I had to wait until the listing was officially no longer active.

I explained to her the FHA/well problem and she said her client is fully approved conventional financing and they are very excited about our house, exactly what she is looking for, etc. She said she couldn't bring her by and show it to her while it was still on MLS as with our other agent, otherwise if she did want to offer, we'd be under obligation to old agent. She said her client would probably at least take a drive by to look, which I did see someone do that about 45 minutes later.

I emailed our agent and asked her about why it's showing as listed with her and she said they were aware of the problem, for some reason MLS wouldn't let them change it straight to "expired" status, so they had to call MLS to do it and it would take a couple of hours before it processed.

So, this new agent is watching for that (I think it might have happened) and is coming over around 5pm to talk with us. Who knows, maybe we just got lucky for that short period of time that she saw our house listed.  I'm glad our listing was set up that the agents had to call me to set up appointment to show the house because if she had called our old agent direct, I'm sure she wouldn't have gotten passed on to me. This new agent and her assistant are coming by in a few hours to talk with us.

Onward we go..........

RIP kitty

Sad night for us.  My daughter had to have our old cat put to sleep. He's almost 16 and has been going downhill recently. Monday and yesterday he wasn't eating or drinking. She took him into the emergency vet last night and they were going to keep him overnight with IV, but after she got back home they called her back and realized he was in late stage kidney failure. So, she went back and rather than making him just suffer longer, she had him euthanized.  He was a good cat and the past couple of months he really seemed to enjoy his "retirement home", as we called living with her at her apartment. He was really her cat, so I'm glad she got to spend the last couple of months with him, though there hasn't been a morning that's gone by since he moved in with her that I don't open the front door in the morning to let the dogs out and still expect to see him coming in the door.

He was pretty much a bad-ass cat in his prime years, that's for sure. Kind of an "outlaw". LOL. He was nice to us (well, he tolerated us) but mean to everything else. He even killed other cats, two that we know of! Though anytime someone posted a missing cat sign in the neighborhood we always wondered if our cat had something to do with it. He mellowed out in later years.

It's sad, but he had a good long life, I think. 

Wednesday, August 24, 2016

well, this is interesting.......

Hmmm...this new "news" is a bit interesting. We are still waiting for the termination paperwork that was supposed to come this afternoon to cancel the sale, but in the meantime we have decided to relist our house and (of course) find a new agent. DH grabbed all the realtor business cards that had been left when they showed our house and just picked one to call. Turns out it was the agent who we had the other offer from - the one we got at same time as this one we accepted. She said her client really wanted our house and was so disappointed, and now has an offer on another house they are closing on soon....but get this....she said that her client was a conventional financing buyer, not FHA. We were told it was also FHA! I still have the email/paperwork on it from our agent stating that. Honestly, if had said conventional (even though it was about $2500 less than other offer) we would have taken that offer over an FHA buyer, for sure.  She also said at the time she knew there was another offer in and told our agent they were willing to "put their best foot forward" on it, but our agent kind of blew her off! OMG.

back to square one

Just got email that the buyer's termination will be sent over soon. I did ask about being reimbursed for the foundation inspection.....another one of those things that our agent didn't know what she was doing and told us we had to pay and have done (which we did) and turned out it was definitely a buyers expense and we were then told we would be reimbursed for it at closing, which I was fine with.  But, I would like to still be reimbursed for it, especially since I should never have had to pay for it to begin with.  It was $350 and DH had called 3 places and this was the best price. The others were $400-$450.  When we found out (from the inspector himself) that it was a buyer cost, our agent's reply as always "well, I didn't know......".  If the situation were reversed I sure wouldn't hesitate to make sure I reimbursed them for it. I'm sure my agent is hating me even more right now for even asking for it

Now we need to figure out what next..........I'm too tired right now to even think straight :/  I'm taking off Friday and Monday, just to try and recoup and get some of my energy back.

Another day

I'm sure you all are as sick of hearing about my problems as I am living them :/  But this is what I am going through in my life right now, so guess that's what you get, for now.  Sorry.

After we spent Monday with our agent saying this was all just a simple fix - she'll just do the LLC paperwork for the well owner, it'll cost $200, she'll pay for it, all be done in a week, she just wants her real estate attorney to review it for the new well agreement that has to be done up for everyone to sign.  Then we spent Monday having to deal with trying to talk the well owner into doing it in the first place.

Yesterday morning the agent calls me up and says "ummm...I guess this is going to be very complicated to do an LLC. I talked to my attorney and he's going to look into it more this morning, but not sounding very good". A bit later she forwards me an email from him. Basically, it can't legally be done because the well is on a separate property from the well owner's property and making it an LLC, since the well is not on it's own tax parcel, would be considered an unlawful subdivision of his property. Not to mention all the property owners will need to be a part of the LLC (which I know well owner will not want to do) and if even one of them didn't want to be on it, then it couldn't be done. Also, everyone's current lenders would also have to approve. It would cost thousands and likely take months.

Of course, extremely disappointing, but it is what it is. It might have been a bit easier to take our hopes being dashed again if my agent hadn't gone all PollyAnna gungho that is was no problem to fix, and instead had just said "hey, before I just assume this will work and we spend all day dealing with your well owner, let me first get all this by my attorney and see what's all involved". But, that is not how she works. She just says everything is no problem and can be done and then when it can't she just says "oh well, I didn't know".

So, at that point we have reached a dead end, have we not? We have been repeatedly told the buyer has no other option to finance other than FHA. I emailed my agent back that said apparently we've reached a dead end with all this, so unless buyer can get new lender/financing, we are going to be done with this and she can come and remove the keybox from our door.

On my way home from work the buyer calls me (this is fine, we have been keeping each other up to date on all this! she is the one I found out about the water well problem in the first place) and says that her agent was told our agent got an email from my DH that we have decided we are done and not going to pursue the LLC. She didn't understand why we'd change our minds, she'd be willing to pay half of the cost.  I said well, sort of.....didn't you guys get the explanation from the attorney as to why this LLC isn't going to work?  Apparently not, they were just told we've found out it was going to be too cumbersome and expensive to do, so we decided not to do it.  So, I explained to her all what the attorney said. I was pretty mad that our agent made it sound like we were just deciding to back out of the LLC fix, like it was our fault!

I left our agent a message that I wasn't very happy that they weren't told the exact reasons for the LLC not working. Then I called up buyer's agent and explained it all to her and as soon as I explained the issue with the well not being on well owner's property and the legalities involved she completely understood. She also said she was not forwarded the email from the attorney with the explanation as to why this isn't going to work.

My agent then called me back........with her usual response "well, they must have misunderstood me". And a comment that "I can't seem to please you". I said No, we are not pleased right now! We've been trying to sell for 4 months, 2 sales have failed and we done everything possible, including spending almost $6000 on a new roof, after price had already been negotiated, just to make sure there would be no issues at all for the buyers to finance FHA and not cause any delays. Then she sent the other agent an email (cc'ing me) that sorry for the misunderstanding but  It's not that the Sellers are unwilling to pursue the well issue, it's that the process is much more cumbersome and expensive than they thought it would be.

I replied back to both of them that I'd like to make it clear to all parties that first off, at no point and time did WE ever discuss paying ANY of the cost of the LLC, in fact you told us yesterday you were paying for it, so the issue of what it cost had no bearing to us one way or the other. Secondly, based on the information provided by the attorney, we unfortunately really have no choice but to not pursue trying to get this done to close this sale. So yes, at this point, unless Buyer has other financing options, what option are we left with, other than to be done with it?

My agent replied back that Yes, you are right about all of your points......but she only replied to  me, not the buyers agent, who she had started this email chain to in the first place.

Sitting here at this point just waiting for buyers agent to send termination paperwork. Not really sure what they are waiting on.

On a semi-good note. At 10:30  last night we hear a helicopter fly over very close with our area all lit up. Then we see sheriff car lights all over the place down at drug dealers behind us. Got an email from a Lt. later last  night that one of the son's was arrested (again) on his court ordered domestic violence warrant and it's $75,000 bail.

The newest renters at the end of our street appear to be an older couple and so far pretty quiet, though it appears drug buyers still keep trying to go to this house because it had for 3 years been known as a place to buy drugs. And slumlandords "people" keep coming back to empty the container and big shed off all the stuff (i.e. stolen crap) that is still left in their by previous tenants and all the extra people they had living there with them.

Monday, August 22, 2016

Keeping fingers crossed

The well owner called back early this evening and had a change of heart and has agreed to do it. I think between the explanation my agent gave her and she probably talked to her daughter (who lives with her) once she got home. Let's hope she'll go through with it. My agent is taking her the papers tomorrow and then also has to get each property owner to sign a new well agreement. That will probably take the longest part of it.

And as sluggy commented in my last post, she will have to do an annual LLC fee.....I think it's $39. I think that's the yearly fee I pay when I renew the one for the company I work for. Not gonna mention that, like Sluggy said........

She is 82, but she is actually very smart and sharp. She knew exactly what an LLC is(she used to have her own businesses years ago). She's just tries to play dumb so that she doesn't have to do stuff or take care of stuff.

Hopefully my agent will have it all taken care of by tomorrow or Wednesday and we can get past this. At least there aren't really 9 people that need to sign the new well agreement. There are 6. Well owner is one property. Her daughter that lives with her owns another lot, her son (the one with the meth and heroin dealing going on), slumlandord/junkyard guy owns 3 lots, we have one and our one good neighbor has the last.

Keep your fingers crossed for me.