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As I continue to write about the challenges (and rewards) of making offers on bank owned homes I sometimes revisit topics covered in other points in order to provide more detail as to what to expect. Inspection contingencies seem to be the hot button of the current market. Let me explain why this single point is misconstrued by many agents representing buyers, and buyers also have tried to use to game the system.
In the old days of REO, and in most traditional sales, a home inspection contingency is pretty standard, and in fact recommended to be built into the purchase offer. Banks agreed to provide a limited time frame for a buyer to inspect and then decide if they wanted to proceed with a sale. I have covered this issue in the “as-is means as-is” post but these inspections were to allow the buyer to decide if they wanted to complete the sale or not. They were rarely going to produce anything more than a cancelled deal if the buyer came back asking the bank to make repairs based on the inspection.
Unfortunately, in today’s competitive REO sales market, we are increasingly witnessing buyers making offers on properties sight unseen. These offers are utilizing the inspection contingency to buy time to decide whether to complete the purchase if the offer is accepted. In other words, they are simply a contingency for the buyer to inspect the property! This was never the intent of an inspection contingency and now, after experiencing buyer cancellations in excess of 50% of accepted offers, the banks are getting wise to this strategy.
Increasingly, if you as a buyer choose to use the inspection contingency for the purposes of waiting to inspect the property yourself, then be prepared to be at loss of your earnest money. Banks are only executing contracts upon receipt of non-refundable earnest money. Therefore, when a buyer elects this tactic, they will likely loose their earnest money if they choose to cancel. In addition, knowing this strategy is being utilized by buyers, banks are insisting on quick delivery of contracts and earnest money. If these documents are not executed and returned to the bank on average within about 48 hours of acceptance, the banks are automatically cancelling the deal and moving on to the next offer. This practice increasingly makes it difficult for a buyer to use this “delayed inspection” contingency strategy.
Bottom line…if you want to buy an REO property you need to go see it as fast as you can. Playing games with bank contracts will likely cost you money and a degree of unhappiness. Again, if utilizing a buyers agent encouraging these practices, I would suggest they are not keeping your best interests as a priority and I would find another represemtative.
Other posts in the series ”Are You Really Prepared To Buy A Bank-Owned (REO) Home?”
Can You Stomach Competing With Multiple Offers?
Are You Pre-Approved or Have A POF?
Seller Concessions Might Kill Your Offer
