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Do Not Accept a Conditional Offer When You Have Multiple Offers

AndreiAngelkovski

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REIN Member
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Sep 18, 2007
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Very interesting article from another Agent's blog site: http://torontorealtyblog.com/2011/05/20/do-not-accept-a-conditional-offer-when-you-have-multiple-offers/



I don't necessarily agree with this Agent's point of view, but it certainly warrants a good debate! I will post it here for you guys to read if you don't want to go to his site directly:




`Risk Versus Reward`


That was the title of my presentation in Grade Twelve economics class.


I took a stick of chalk, went up to the blackboard, and ignited a debate that lasted all class.


I told everybody in the room that they had $10,000 to invest, and I put three options up on the wall:


1) 50% chance of $20,000; 50% chance of $0


2) 10% chance of $100,000; 90% chance of $0


3) 75% chance of $12,000; 25% chance of $6,000


We took a poll, and the results were almost 1/3 for each option. We debated the options for quite some time, until finally one student spoke up and identified that both options #1 and #2 have an expected value of $10,000, and option #3 has an expected value of $10,500, thus that is the correct answer.


Despite this conclusion, people still debated! `Go big, or go home,` said one kid in reference to why he would take the 10% chance of $100,000.


Another person identified that option #1 was basically playing `Double or nothing.`


But after all the debate, we voted again, and the results were still about 1/3 for each option.


Everybody has a different risk tolerance, and it comes out in all areas of life.


Whether you`re talking finances, or deciding whether to cook up those chicken breasts that expired four days ago ` we all assess risk.


One risk in my line of work that I would never advise anybody to take is to accept a conditional offer when you are reviewing multiple offers on your property.


A firm deal comes with 100% certainty.


A conditional
deal comes with 0% certainty, and only estimates, guesswork, and complete conjecture when two parties to a deal talk about what will likely
happen.


The best way to explain this is by using an experience I had this week, but I will change the names, numbers, and places since this house is still on the market and I don`t want to affect the outcome for the seller.


I represented a buyer in the Yonge & Sheppard area who was looking at a house priced at $1,649,000. This house was very attractive, and well-priced, and I explained to my buyers right away that this house would end up with multiple offers.


I told them that we would be looking at a price of around $1,760,000, just based on my own assessment of value and `gut feeling,` if you will.


Offer night came along, and there were two offers, plus ours.


My clients told me that they wanted to make the offer conditional
on home inspection, even though a pre-inspection had been completed, and I told them that they had a zero percent chance of being successful with that offer.


It`s true. I don`t care what the outcome says (math is not my strong suit), but ask any agent and they`d agree with my calculation.


We made our offer for $1,760,000, and I prepared to tell my clients, `I`m sorry, but we didn`t get the property.` And then an odd thing happened: the listing agent called me and said that we had `the most attractive offer,` and that he wanted to know `how serious` our condition was.
>
What?


They weren`t seriously thinking about accepting a conditional offer, were they?


I told the listing agent that my clients had some question about the electrical work in the house and that they wanted to conduct an inspection of their own. I added that I had never had a deal fall through before, and I didn`t plan on it now.


They were sold.


The sellers accepted our conditional offer, even though they had two other offers on the property.


From what I`ve heard, via the third-hand real-estate grapevine, the other two offers weren`t that far behind ours.


My buyers conducted the home inspection, and it revealed a few major issues.


In fact, these issues were so major that it meant my buyers wouldn`t be able to get home insurance for the house in its current condition.


We consulted a few experts, talked to a lot of insurance brokers, and in the end my clients decided to walk away from the deal.


They were 100% within their right to do so.


Now, where does that leave the sellers?


Well that`s the unfortunate part of this story.


Don`t get me wrong ` I feel bad for the sellers, but I work for my buyers, and only my buyers. If my buyers felt uneasy about completing this transaction, then I have to advise them to pull out of the deal ` a deal that I was shocked we ever made in the first place!


The sellers have two options:


1) Get in touch with the agent who had the second highest offer and see if the buyer is still interested.

2) Re-list the property.


Both options are going to cost the seller dearly, and that is why you NEVER accept a conditional offer. There are simply no guarantees.


Let`s assume for argument`s sake that behind my offer of $1,760,000 was an offer of $1,745,000, and an offer of $1,685,000. Recall that the list price was $1,649,000.


Best case scenario ` the potential buyer who offered $1,745,000 comes back with the same offer.


Worst case scenario ` the house is re-listed and the sellers get $1,649,000.


So here is the (rhetorical) question: why would you, as a seller, risk $96,000 to gain an extra $15,000?


Why would you take a conditional offer for $1,760,000, when you have a firm offer of $1,745,000, knowing that the worst case is a re-list and sale of the asking price?


It makes no sense to me, and I would never advise (or allow) my clients to accept a conditional offer if they had a firm offer close behind.


In this case, what if the buyer with offer #2 has already bought elsewhere? Or cooled off?


What if buyer #3 isn`t interested either?


Then the house goes back on the market, and people wonder why?


Was there something wrong with the house?


Did the sale fall through because there`s something we should be worried about
?


The buyer pool will take notice, and you could end up with less
than the original asking price! It`s not likely, but it could happen.


If you`re a risk-taker, then maybe you`d be the one to say, `What are the odds of the deal falling through? Why would we leave money on the table? Let`s take the highest offer!` But I believe you take the sure thing, and avoid a real estate atrocity.


I`ve seen this situation before in an extreme case of a bidding war
gone bad.

My colleague had twenty-seven offers on his Hayden Street condo last year, listed at $299,000, and the highest offer was for $375,000 ` an utterly stupid price for this condo. The second highest offer was for $345,000, and then there were 25 offers in between $299,000 and $345,000.

The $375,000 offer was conditional on Financing and Appraisal, and my colleague did the right thing: he told his client to take the $345,000 offer, which was unconditional.


Why?


Well what if the bank didn`t appraise the property at $375,000? Then the buyer wouldn`t get financing, and the deal would fall apart.


Sure, a property is `worth what somebody is willing to pay for it,` but we all laughed at the $375,000 price. It was a joke, and there`s no way a bank would come in and uphold the value.


My colleague knew that this $375,000 offer was worthless, and he tossed it aside.


They took the unconditional offer of $345,000, and never looked back.


That $375,000 price looked mighty tasty to the buyer, and those with less common sense might say, `You left $30,000 on the table!` But that money was never there to begin with. What if you had an offer for $1,000,000,000 conditional on the moon crashing into the sun? Would you take that
offer?


When our conditional offer was accepted earlier this week, I told my clients very bluntly, `I want you to know that if the tables were turned, and we go to sell your Leslieville house in two weeks after this deal goes through, there is no way I`m going to let you accept a conditional offer!`


They understood.


I guess they got lucky that their conditional offer was accepted, and in the end, they were granted extreme flexibility in a market that doesn`t usually allow any.


As I said at the onset ` everybody`s risk tolerance is different.


But combine risk-tolerance with emotions, and you never know what you`re going to get`
 
Hi Andrei;



The link mentioned the conditional offer that was accepted revealed major, significant issues and, as such the buyers, "wouldn't be able to get home insurance in the home's current condition."



What do you think would have happened had the sellers' accepted one of the unconditional offers?



We have had other REALTORS clients go cash - unconditional - on multiple offer situations - only for me to get calls before completion that financing has not been arranged and/or that to complete the transaction they need a fire inspection done.



Cash is NOT always king based on my experience. Not at all.
 
[quote user=MikeMilovick]What do you think would have happened had the sellers' accepted one of the unconditional offers?






Hi Mike,



Good question! I personally thought that "BUYER BEWARE" would have come into play in this scenario, but according to another agent's opinion this deal would have died...or am I misinterpreting it? See their comment below:


`I would never, ever, ever tell my client to accept a conditional deal when he or she has multiple offers on the property``


David, read your blog often and tend to agree with you most of the time, I have to disagree with you here on all counts.


Your buyers` elation at having a winning bid, had you convinced them to make it unconditional, would have defalted quickly upon learning weeks later that the house was uninsurable and therefore unable to close without remedy (Clause 10 of the APS) at significant cost to either them or the sellers. It possibly could have wounded your relationship with them as well. The sellers too were saved unexpected grief even though their sale price is likely to be less. They in effect have lost nothing as per above.


Personally, I encourage my buyers to always insert a remedial inspection condition where there are multiple offers even is the sellers have one. It has worked very well and protects them from exactly this type of scenario whereby the seller`s inspection was obviously inadequate. This is the real cautionary tale.


On the Hayden Street type scenario, size of deposits and the questions pertaining to financing asked by the listing realtor of the buyer`s rep when a property`s offer price is well above market value go a long way in determining the buyer`s afforability. Financing is available on the amount of mortgage required and not the price of the property. This too has worked to the advantage of my sellers
 
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