In today's market of foreclosures and short sales buyers tend to want answers right now on the offers they have submitted. So what takes so long for the lender to respond?
You can have several reasons why offers take so long before a lender will respond. The number one
reason is the backlog of properties to process. The second largest reason is the offer was to low for the target sell price set by the lender. The third reason is not all the paperwork on short sales has been filed with the lender. The seller has to file a hardship letter and several other documents before a lender will consider a short sale. On foreclosures the lender already owns the property and you are dealing direct with the seller (lender).
Just like anything else there are procedures and processes to go through before a lender will respond.
This causes a buyer to get anxious...wondering what happened, why is the lender not responding. Sometimes it is a matter of the lender looking at the low ball offer and saying, "I am going to sit on this until a better offer comes in", so they don't respond, you hear nothing. The agent can call the lender, and the lender just says, "we are considering your offer." So the buyer thinks the agent is not doing his job. The buyer or seller in a "short sale" also thinks the bank or lender is being unreasonable...but if the offer had been right and not so low that it would make the Christmas Grinch flinch! The response would have been faster.
So when buyers get anxious they sometimes make foolish requests that is the responsibility of the agent to inform them of the consequences. We recently had a buyer want to make two offers on different properties!
I have had buyers resubmit a higher offer on the same property, make counter offers high on a property they were bidding on .... but two offers on two different properties? The decided that the first property was the one they wanted but if that one fell through they would have a backup or a bid in on the second best property.
Here is the how the deal laid out: The first property is a "short sale". It is broadcast on the MLS as a "short sale" and states that the lender must approve any offer. Pay attention there is going to be a quiz!
The agent writes an offer on behalf of the buyer. The seller of the short sale accepts. The contract is forwarded to the lender for approval. The lender has not responded after two weeks. The unknown is what the lender had on the books for a target sell price that would be acceptable. The other issue is if the selling agent actually processed the paperwork for the "short sale" in advance.
So the buyer gets anxious and tells his agent I want to submit another offer on a different home, "this is taking to long". The agent informs the buyer that he could end up owning two homes! I made the agent put in writing and have the buyer sign that they were informed of the potential results of their actions.
How long do you think the wait had been for a response? Two Weeks! That is like nothing in my book...but it was something for this buyer. Many times we are not seeing a response for three or four weeks so two weeks is still within an acceptable time frame.
So, the second bid was written on a different property and the buyer wanted to be released from the first bid.
Now here is your question:
Is the buyer bound to the first bid since the lender had not signed the offer and had not responded?
Answer: The offer was between the buyer and seller. The seller accepted the offer and the lender is considered a contingency not an authorizing party to accepting the sale. I know, it can't be sold without the banks approval. Wrong! The seller can bring money to close and make up any deficit from the accepted purchase price and the amount owed on the mortgage.
I had the answer reviewed by legal counsel before I discussed the options with my agent. Now you know what to do when a buyer asks to put in multiple offers.
Have you had this scenario happen to you?

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