I just finished reading Justin Halpern's cute little book -- when did they start publishing these tiny hardbacks? -- called Sh*t My Dad Says. It's a fun romp and totally engaging, not to mention, although appalling at times it contains a lot of common sense. Gotta say, though, by comparison, it made my dad look like Mussolini. Some of it made me laugh out loud. My husband thought the author was a bit self-centered. He said, "What kind of guy takes off for Mexico on a whim and doesn't think his family will worry about him?" Um, I raised my hand. Been there, done that.
See, I can admit when I'm wrong. Much as I may like to think that I'm always right, hey, sometimes I'm not. Comes with the territory of being a human and not a robot. Or maybe it comes with age. Now that I pause to reflect, I was always right when I was a young whippersnapper. Ha. Not so anymore.
Take this example from a few weeks ago when a buyer's agent sent me a Request for Repair, which asked for the lawn to be replaced. This was a short sale. As with any other short sale, the home is sold in its "as is" condition. So, I responded the way I always do when this happens -- and it often does -- which was to tell the agent the seller will make no repairs. The buyers get what they get. The sellers are not responsible for upgrades, improvements nor repairs. There is no pest report nor roof certification. The home is "as is." If the lawn is dead, it's dead.
The agent then asked me if that meant the seller was not going to honor the terms of the purchase contract and deliver the home in the same condition it was in when the buyers first looked at it. I quickly pulled up the listing and looked at the photographs. Sure enough, when I listed that Sacramento short sale, we were still in the rainy season. That lawn was green. Now, that we're in the middle of the summer, the lawn looks like everything else in the Sacramento countryside: brown, dried up and a fire hazard.
That agent had a point. And I told him so. The seller replaced the lawn.
Photo Illustration: Big Stock Photo
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Elizabeth Weintraub is an author, home buying columnist for The New York Times-owned About.com, a Land Park resident, and a Land Park real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown and East Sacramento. Weintraub is also a Sacramento Short Sale agent who lists and successfully sells short sales throughout Sacramento. Call Elizabeth Weintraub at 916.233.6759. Put 35 years of real estate experience to work for you. Broker-Associate at Lyon Real Estate. DRE License # 00697006.
The Short Sale Savior, by Elizabeth Weintraub, available through bookstores everywhere and at Amazon.com.
Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.
The views expressed herein are Weintraub's personal views and do not reflect the views of Lyon Real Estate.
Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice. It could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.
Gotta love a smart buyer...I dont blame them for wanting green grass..
And a smart agent. And good for you for holding your sellers accountable. That's certainly one to watch for!
Hmmm... What did the grass look like when they wrote the offer? I have always interpreted that to mean that it would be in the condition that it was in at the time of the offer, not when it was listed.
Wow! Love that buyer - as is only goes so far.
That book is also a stitch I have heard ....
Wow! Love that buyer - as is only goes so far.
That book is also a stitch I have heard ....
I guess a successful short sale was worth replacing the lawn. Good for you for honoring "the same condition" claus.
Elizabeth, great story. I was right with you the entire way, until ...
Good for that buyer's agent to be diligent.
And good cautionary tale for we brokers to make sure we remind our clients to keep their utilities on, tend the yard, clean the pool. Damage occurring while in escrow, not to mention city citations, can kill a deal at the end.
To answer your question -- since I sold that short sale shortly after listing it, like I do with many listings -- the lawn was green when the buyers looked at it and when they made the offer.
Wow, I am confused. Of course, this is not a Florida situation, where the lawn would pretty much is green through the year, but the point here is that the Seller in short sale is not going to make any money, and very often has no money, so they just can't replace or fix anything.
Elizabeth - Shocked and amazed that your ss sellers replaced the grass. Down here in LaLa Land, as-is means sellers aren't paying for $#^!, not even all those bldg code violations or delinquent HOA dues - NADA, ZIP, NOTHING! Take it or leave it -NEXT!
On another note, LOL at the Mexico trip on a whim. Been there, done that.
Elizabeth, you're a master at the segue and always make perfect sense. "Same general condition" includes keeping the landscaping alive.
Elizabeth, way to handle the situation! I wasn't expecting that conclusion/ending!
This is a new one on me. I'm thinking what Jon is thinking (#9), did the lender know that the seller had enough money to replace the lawn but not make a mortgage payment? Seems like a slippery slope.
First, gotta give it to the agent and buyer for making and pursuing the request. In this market many so many changes I'm seeing all kinds of request - short sale or no. Some of them the lender honors i.e. "home warranties". Never, never in the past but now they are making allowances. Hmmm. Wonder what's next?
Hi Jon and Cynthia: Grass seed isn't expensive. It's not like the seller splurged and bought sod. :)
We actually have an addendum which states that the buyer understands the home may NOT be in the same condition as when they viewed it (especially if it's a vacant home). It mentions grass specifically and that seller may not be able to make these changes prior to closing. I've only had one buyer balk at it..they usually get it.
I think you need Colleen's addendum to protect future clients from installing a new lawn that will only be brown next summer.
That's a very funny story, Elizabeth. I don't know how you got that one through. And how do you replace a lawn?
A surprise ending for me too on this one. I always learn something new here, Elizabeth. I was just talking to a friend the other day about how much smarter we were when we were young- certain we knew everything :>)