For this home I sold in San Jose for $382,000 where the buyer also got an $8,300 credit for closing costs, I represented a first time buyer who was going to use a program through the Housing Trust. This transaction was a ‘normal’ sale…well not so normal, but it was not a short sale or foreclosure sale.
Negotiations were a bit tough, but we were able to come to an agreement after some counter offers back and forth. Once negotiations were over, this transaction was supposed to be an ‘easy’ deal in that it was a regular sale, negotiations were over, we incorporated a 45 day closing to compensate for the upcoming holidays, and it was smooth sailing, right?
Wrong!!! Wow, this transaction was anything but smooth. We were informed by the mortgage broker that 45 days was plenty of time to close this transaction, no worries. Yeah right!
First of all, unfortunately, the seller did not get any inspections for the house, not a termite inspection, not a home inspection, nothing. So, we were going in blind. When I represent a seller on a regular sale, I always emphasize the importance of inspections so that there are no surprises mid transaction to throw the whole deal in a tail spin. Well, guess what…We did know there would be quite a bit of termite items and also the roof was old. There were quite a few things we took into consideration at first glance and compensated for in the price of the home. However, after the inspections were done, there was a lot more that needed attention than the eye could see, which is where we went back to the negotiation table to then have to go back and forth over the proper credit to compensate for unexpected items. So, that is where the $8,300 credit came into play.
When the buyer and I were at the house with the inspectors, the seller just casually brought to our attention that there was NO FURNACE. What?? Do you mean the furnace is broken? No, there was absolutely no furnace…ie…missing…none…nada. Well, from a financing standpoint, a bank will not lend on a property that is considered inhabitable, and a home with no furnace is considered inhabitable. Yes, the owners were living without a furnace, without heat! So, the listing agent took the seller aside and explained to him that it is essential that there is a furnace installed and that a bank will not lend on a home with no furnace. In order to sell the home, it was a must that he installed a furnace to be able to close this transaction. Ok, so another score, new furnace for the buyer.
So, the fact that he had to install a furnace, meant that we had to wait to get the appraisal done because the appraiser would need to see a furnace as not to raise a red flag to the lender. So, that was the first delay, waiting for the furnace to be installed before the appraiser went to the home. When the appraiser was there, unfortunately, he stated on the report that the furnace was new, but not working. As luck would not have it, the seller had not turned on the pilot light after the furnace was installed, so yet another delay in the appraiser going back out to the property to test it.
Ok, so all that is done and over with and now the smooth part begins, right? Wrong! The buyer was getting a loan through the Housing Trust and they at the 11th hour informed us that they would be closing shop for 2 WEEKS for the holidays! Yikes! That means that we can’t meet our contractual obligation to close on time! Ugh! So, we actually had to get an extension from the seller to close and just sit and wait for 2 weeks with nothing happening on this file while we waited for the Housing Trust to reopen.
We were under the impression that once the Housing Trust reopened, that we would immediately be able to close within a few days…wrong again! When the Housing Trust reopened, they claimed that they had ‘more important matters’ on their plate and were not sure when they would get to our file so we could close the transaction. Plus, they asked for an enormous amount of paperwork from the buyer, most of which, the buyer had already provided. The topper was when they asked for a year’s worth of bank statements from the buyer’s PARENTS who were not even on the loan or on title. And, I am not talking about a youngster fresh out of college, I am talking about a grown man who has a very good job…needed his PARENT’S bank statements to confirm some whacky, who cares, made no sense, item.
Ok, so that is when the buyer lost a gasket and marched into the mortgage broker’s office to find out his options of switching loans to some other type of loan. The mortgage broker told him that FHA was an option and that the rates were even better than the Housing Trust. Ok, so we entered this contract mid November, we are about 60 days into contract, have asked the seller for 2 extensions, and when the buyer switched to FHA, we closed the next week. Against popular belief, FHA is actually a loan program that can close just as fast as a conventional loan.
So, it’s the 11th hour, but the rest of the transaction is smooth, right? Wrong! So, just as a clincher, we had scheduled a fumigation for the closing day and even the latest appointment they had available. Well, the seller was still moving out his stuff on the day of closing to the point that the fumigation company had the entire tent on the house except the back flap so the seller could get out his final possessions before they sealed it up. The fumigation company was not happy, but at least they worked with us in sticking around and putting on the tent after the seller was finally able to get out all of his things.
Well, if nothing else, the buyer has a really good story to tell and is FINALLY in his new home after over 2 months of torture. Wow, and I actually did my best to keep this as short as possible and just go over the key points, and it is still a long story!









