Friday, May 3, 2019

Lesson Learned! Never accept a Bond as an Earnest Money Deposit!

The motel escrow that I have been in for about a month has gone sideways!

I had a bad feeling about accepting a Bond as an Earnest Money Deposit (EMD). So, I contacted Escrow asking if it was okay.

Once they gave it an approval, I gave it a thumbs up for my Seller client, and we submitted the Executed Offer (PSA) to escrow and then waited.

A week later the Buyer's agent showed up with the Bond that was described in the PSA. He made the deposit.

Then, about a week after that, I get a call from the Escrow Holder.  She explained that the Title Company's attorney slapped her on the wrist for allowing a Bond to be accepted as EMD.

She said we needed to change that to a Cash Deposit, or by the end of the Buyer's Due Diligence, the Title Company would be resigning from the Escrow.

SIGH!

What type of mess did I get myself into?

The Escrow Holder said it would be best to cancel the current escrow, open a new escrow, and make a cash deposit.

So, I encouraged the Buyer's Agent to convince the Buyer to cancel; the Seller agreed and for once quickly signed the Cancellation Addendum.

But, the Buyer is now taking her time.

Oh, well.

She might be upset, but it's her own fault for trying to force a square peg into a round hole.

I did write a NEW PSA and included an additional property that was NOT available that she wanted when the first PSA was written.  BUT, now I am thinking she probably didn't have the cash to move forward in the first place.

That is just my gut feeling.

So, we are in limbo until the Buyer signs the Cancellation Addendum; AND, signs the new PSA.

If the Due Diligence date comes before that, the title's escrow will resign.  The Buyer will be in a legal limbo, but the out for the Seller is they never truly made their EMD according the the Title Company's attorney.

Since this hit the fan, I have learned that back in the 1980's Buyers would put up bonds as EMD's.  Then, the Bonds turned out to be worthless; and, it would tie up properties until there was a (legal)  resolution.

So, lesson learned.

All I want to do is help my Seller client sell his property for the most money to a willing, able, and capable buyer.

Nothing new there.

To Contact David Howes try: davidATdavidhowesDOTnet OR; 7 0 2 5 01 9 3 8 8 AND Please #Follow David on Twitter: @DavidAHowes Have a nice day!

Friday, April 26, 2019

Invalidation doesn't work

Very recently, a so called prominent Las Vegas Real Estate agent and I were working on a large Resort property sale.

My Buyer has already made accepted offers on three of my listings.

We were discussing the potential sale of a Resort property when my Buyer asked me if I would find out if some conditions of a potential offer for the Resort property would be acceptable to the Seller IF he included them in an offer.

Being the customer's always right type of Real Estate Broker, I said I would ask, but I told him that O didn't think they would accept what he was proposing. BUT, he insisted that I ask.  So, I sent an email to the Seller and Seller's Rep with an outline of what the potential Buyer wanted to offer.

The Seller replied quickly with a firm, "No."

Okay!  I passed that response on to the Potential Buyer.

A short time later, the Seller's Rep sends me a reply -- just to me -- with the simple question: "Do you have a Nevada Real Estate license?"

Now, I know who this agent is.  And as far as I am concerned, he's an ASS!  (I capitalized it because he truly is a big ASS!  And, if I mention his name to any other CRE agent or broker in Las Vegas, they will usually sum him up also as an ASS!)

And, I know all of you know someone who is like this.  They are the big boy/girl on campus and if you don't measure up to the way they think you should be, they treat you badly.

Well, I didn't respond to his invalidation because I know all about this ASS!  Just because you think you are better than others, doesn't mean you are.

And, unfortunately, for him, I am the type that if I am bullied, I bully back.  And, even if he turns around and says he was only joking, we don't know each other well enough to be on friendly terms.

Just so you know: Tough love doesn't work.  It's just a form of bullying.

In the weeks.months ahead, we'll see what transpires about this transaction.

But, I plan to stay the course.

In the meantime, if you are interested in any Las Vegas CRE Property -- even a Resort one...

Contact David Howes: davidATdavidhowesDOTnet OR; 7 0 2 5 01 9 3 8 8 AND Please #Follow David on Twitter: @DavidAHowes Have a nice day!

Friday, April 12, 2019

Unlicensed People Can NOT Earn a Commission!

It's been a trying day because two unlicensed persons are trying to earn an equal share of a commission simply because they are referring a buyer for a real estate transaction.

Hey, folks!

If you are NOT licensed in Nevada as a real estate broker or agent, you can NOT earn a commission.

No, it can NOT be a consulting fee, either!

Been trying to convince two people who want to play real estate to back away.  But, they are convinced that because they know a person, that they should share equally in a real estate commission.

Sorry.

Not going to happen.

I will NOT put my Nevada Real Estate Broker's license on the line because they are greedy.

They need to step away from the deal, accept the fact they are legally NOT involved, and be satisfied they are doing this in a legal manner.

If you like a Las Vegas Commercial Real Estate Broker who is honest and fair...

To Contact David Howes try: davidATdavidhowesDOTnet OR; 7 0 2 5 01 9 3 8 8 AND Please #Follow David on Twitter: @DavidAHowes Have a nice day!