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Realtors
® different by design -
Let us do the “POLKing” around to find your new home or property!!
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ThePOLKTeam.com -Keller Williams Realty, Lanier Partners – 3730 Village Way, Ste 160 – Braselton, Ga 30517
Mobile: 404.372.6834 - Ea. Keller Williams Office is Independently Owned & Operated
Once the due diligence period ends, the buyer cannot back out of the contract
(except under a different, applicable contingency – financing or appraisal, for
instance). If they back out prior to closing and no other contingency gets them
out of the contract, they lose their earnest money. You, the Seller, can then claim
that earnest money OR you can sue for damages. But rest assured – a vast
majority of the time buyers do NOT back out once the due diligence expires.
There may also be the aforementioned FINANCING and/or APPRAISAL
contingency associated with the contract. The financing contingency gives the
buyer an OUT from the contract if they are unable to obtain financing. The period
can be anywhere from 7 days to 30 days. As a seller, you have likely insisted on a
prequalification letter from a lender – so you know the buyer at least HAS talked
to a lender – and have negotiated as short a period as possible.
The appraisal contingency is sometimes a longer contingency. Sellers attempt to
negotiate as short a period as possible, of course, but the problem is that many
lenders are ordering multiple appraisals – sometimes even the day prior to
closing. So imagine the buyer’s dilemma. They think that the property has
appraised and there’s no problem – and then the lender orders ANOTHER
appraisal and it comes in low. As a seller, all we can do is keep in contact with the
buyer’s agent and make sure that at least the first appraisal is ordered in a timely
manner. There’s no way to know in advance if the lender is going to order
multiple appraisals. It is not the norm, but it can and does happen.
Say the property does NOT appraise for the contract price – it appraises for less.
In that instance, if we are still within the appraisal contingency period, the buyer
can (and will) ask the seller to sell the property for the lower price. If the seller
refuses, the buyer can walk from the contract. But if the seller AGREES to sell for
the lower price, the buyer is bound (unless another contingency applies). One
sticky issue here can be when the seller has agreed to pay for some of the buyer’s