2.
When Getting the Highest Sale Price
Still Isn't Enough When
you've been in our industry for a long
time, you see some wild things happen
that can completely take you by
surprise. And some of these things can
then become part of your repertoire of
stories that you tell other people many
years down the road, too. Well,
here's one of my stories...:) Back
in the mid 1980s there was an investment
property that came on the market for
sale in my area that I thought would be
of interest to one of my buyers. So we
immediately wrote an offer on the
property, and were then met with some
stiff competition from a few other
buyers also. But
lo and behold I put on my best real
estate agent running shoes, got the
listing agent more interested in having
my buyer get the deal than the other
people, and we soon signed an agreement
for the purchase of the property for
$850,000.00. (I'm now guessing that the
property is worth over $2,000,000.00 in
today's market.) So
once we began moving forward with the
due diligence on the transaction, my
buyer informed me that he was bringing
two partners into the deal along with
him. One of the partners had never even
purchased an investment property before,
and he was very cautious and worried
throughout every step of the
transaction. Well
after moving through the contingency
period and getting the financing, we
were all set to close the transaction 90
days later. But a few days before we
were scheduled to close, my buyers
announced that they needed one
additional week to close the
transaction. One of them had a CD
maturing that he was going to utilize
for his down payment, but he now
realized that it wasn't going to mature
until one week after our scheduled
closing date. Upon
hearing this the seller went ballistic,
saying that he had already obligated
himself to purchase another property
with the money he would be receiving,
and that my buyers were endangering his
other transaction with their request for
a one week extension. But he soon gave
in and granted my buyers the extension. Let's
flash forward now to one week later on
the day the transaction was scheduled to
record. I live in California, which is
an escrow state, and typically in this
situation the escrow agent will call the
real estate agents informing them when
title has successfully changed hands and
been recorded in the names of the new
buyers. So
at 10:00 a.m. on the morning of the
closing, our escrow agent called to
inform me that the grant deed had been
recorded, and congratulated me on
successfully closing the transaction
through her. So, needless to say, I put
the phone down and began feeling good
about closing the deal and the
approximately $20,000.00 that was coming
my way as a result of it. Then something
completely unprecedented and unexpected
happened that would never happen again
throughout my entire 20-year career as a
real estate agent... The
escrow agent called me back again about
20 minutes later, telling me that we now
had a problem. I responded with,
"What do you mean we have a
problem? The sale of the property has
already been recorded. How could we
possibly have a problem?" She
then responded with, "The title
company just ran another search on the
property, and they've picked up a new
$300,000.00 trust deed that's just been
recorded on it. I'm going to follow-up
on what caused this and I'll be getting
back to you." So,
as compared with how I was feeling 20
minutes earlier, I was now wondering
what this all meant in terms of this
deal actually closing. But about 30
minutes later, our escrow agent called
me again with a new update... "Hi
Jim. Here's what happened. Our messenger
was on his way to deliver the seller his
check with the proceeds but we got a
hold of the messenger in time and
stopped him before he reached the
seller's office. I just got off the
phone with the seller, and when I asked
him about this new $300,000.00 trust
deed he responded to me with 'What
$300,000.00 trust deed are you talking
about?' But when I told him he wouldn't
be getting any of his proceeds from the
sale until this new $300,000.00 trust
deed was removed from the title, he
quickly responded to me with, 'Oh that
$300,000.00 trust deed!'" So
what the seller had successfully done
was borrow an additional $300,000.00
from a private party the week before
when we were originally scheduled to
close the transaction, which was why he
was so irate about the one week delay in
closing. He was planning on that private
party taking several days to record the
new trust deed, which is exactly what
happened. But in this situation the
$300,000.00 trust deed was recorded just
as title was being transferred on the
property one week after its scheduled
closing time. Any
way you look at it the buyers would have
been protected by the title insurance
policy which didn't list the new
$300,000.00 trust deed as an exclusion
to their coverage, but still this was an
extremely high drama situation to be
involved in as an agent. The seller was
hoping that the $300,000.00 trust deed
would be recorded sometime after the
transaction closed, and that no one
would be making any title searches on
the property for sometime thereafter
into the future. So
the seller immediately paid off the
trust deed through escrow, his lender
signed off on the reconveyance, and
everybody was back to where we were
supposed to be once again. But
from my experience as an agent, wow,
what a wild set of circumstances we went
through at the last minute that I hope
to never, ever experience again!
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