Skip to main content

Contracts Can Be Fragile


The following is a story as told by a guy in our office I’ve changed some of the names, but there really aren’t any innocents to protect here, unless we’re talking about the guy in our office. 

Mrs. Slaughter was both my Spanish teacher my freshman year in high school and my English teacher my senior year.  First day of school my freshman year, Mrs. S is calling roll in my Spanish class, and she gets to me.  I raise my hand and say, “Here,” and she pauses and just stares at me.  Not good.  She then asks, “Are you related to a SHAUN Greene?”  

Yes, ma’am.  He’s my brother.” (Shaun had graduated the year before and had Slaughter for English and Shaun was a bit of a . . . rapscallion, shall we say.)  

She squinted her eyes a bit like Clint Eastwood did in his “Dirty Harry” movies before he delivered his killer line that was meant to put the fear of God (or more appropriately, the fear of Harry) into the criminal and said, pointing her pencil at me like she was holding a .44 Magnum, “I’ll be watching you!”  I was a marked man from day one.

Fast forward to my senior year.  Mrs. S is in the middle of a lecture either on the symbolism in Shakespeare’s sonnets or how proper grammar saved the world from the Black Plague when Stacey Stephenson reaches over and sort of pinches my arm.  I look down at my arm and then over at Stacey and ask, “What was that for?”  Before Stacey could respond, Mrs. S stops mid sentence and screams, “Greene!  That is the last time you will interrupt me when I’m up here speaking!  Do you understand me?!”  I was absolutely floored (I seriously was not a problem student, and Mrs. S had never had to stop and ask me to stop talking in her class Stacey was another matter entirely), and I think the look on my face showed absolute genuine surprise.  As I attempted to get my wits about me and defend myself, Stacey piped up and said, “Sorry, Mrs. Slaughter. It’s my fault.  Grant had a piece of fluff on his arm, and I was just picking it off.  He was just asking me what I was doing.”  The rage drained from Mrs. S’s face it went from a crimson red to a flush white in about a half second and she said, “Okay, thanks. But Greene had it coming to him.  I blame my brother. 

Every licensed real estate agent had to take a certain number of hours (that might feel close to infinity) in their training on the subject of contracts, so I’m not about to put myself up as an expert on real estate contracts.  This next piece, of advice, however, comes simply from my perspective as a lender and what should be avoided in a real estate contract to assure a smooth loan process and timely close.

On lines 61 and 62 of the Arizona Residential Resale Real Estate Purchase Contract (the line numbers may vary by state), you can write in personal property items that you want to be included in the sale/purchase of the house this is where you can absolutely blow up the deal, from a lender’s perspective.  Rather than going into a full-blown dissertation on the whys and why nots, let me just say this: leave these lines blank.  This doesn’t mean we’re trying to discourage you from getting a lawnmower or a fancy dining room table thrown into the deal, just don’t include it in the real estate contract make those items a part of a separate bill of sale.  You can reference the real estate contract as the means by which these items will transfer from one party to the other in the bill of sale all day long, but it’s not wise to mention that bill of sale on lines 61 and 62 in the real estate contract.  Suffice it to say, if you do, you’ve just given yourself a WHOLE BUNCH of extra time-consuming work to do from the underwriter.  We could go into a long explanation of valuations and liabilities, but let’s just say this: someone’s “older brother” had done something in the past with personal property in a real estate contract to incur an underwriter’s wrath, and underwriters have memories as long as Mrs. S’s.  You might think that what I just mentioned is rather inconsequential, sort of like a piece of fluff, but a piece of fluff can get you (or your deal) “slaughtered”.  I’ll now keep quiet. 

Comments

Popular posts from this blog

An Age-Old Concept Reaping Future Rewards

W hy are social media like Facebook and Instagram so darn popular among real estate and mortgage folks?   Hint: the top reason might be an endless supply of memes, cat videos, and the chance to be snarky, but the other reason runs a VERY CLOSE second.   Give up?   Answer:   They’re free – and they really help even the playing field by enabling a one-person shop look and market like an organization who employs an army of wordsmiths and graphic artists. This new century is glorious, right?   With that in mind, let me re-introduce you to a centuries-old concept that is equally glorious – and can help IMPROVE the playing field for you, regardless of the size of your team: karma.   On the subject of “free”, I’m not suggesting that you work for free, but when you freely give of yourself and your knowledge, you’ll see a greater payoff, I promise! Recently, an agent came to us with a question: she has a client who is looking to sell his condo.   It...

KNOWING is Half the . . . Problem

If you’ve learned one thing from reading these columns, it’s this: I don’t read a ton of books by or about the French philosopher Descartes or spend large amounts of money traveling the world to view the Masters’ paintings in far-flung museums – my entertainment and sources of knowledge run to the more . . . mundane, if you will.   Well, I’m not about to disappoint.   In the movie Men in Black , the two main characters J & K (played by Will Smith and Tommy Lee Jones, respectively) have recently met and K is trying to recruit J to join the clandestine government agency that monitors aliens on planet Earth.   Agent K has just shown J a lot of things that are hard to believe/explain and urges J to keep them secret.   At this point, J interrupts him, and this piece of dialogue ensues: J: Why the big secret?   People are smart.   They can handle it.   K: A person is smart.   People are dumb, panicky, dangerous animals, and you...

Control Your Money, Not Vice Versa

A few weeks ago, I wrote a post very similar to this - in fact, some aspects are identical - but I'm putting a slightly different twist on it to alter the perspective by a tad.   Whenever I meet a real estate investor who likes to take the fix-n-flip approach, I always ask why they go that route rather than subscribe to a buy-n-hold approach.  There are different answers to that question, but they all seem to have a common thread running through all of them: "I need the money to go out and buy another house to flip."  Sure, most people have a limited supply of cash on hand, so that makes sense.  With that said, there are three options EVERY real estate investor should know about - but, usually, they only know about the first one.  Let me set this up: Real-life example: the property in question costs $77,000 to acquire and $18,000 to rehab (total cash put out equals $95,000).  The property then can sell for $135,000.  Ready? Traditional...