Ep. 106 – Are we still under contract?

Matthew Maschler:

Welcome to the Real Estate Finder podcast. I’m Matthew Maschler, real estate finder with the signature real estate companies here in the great state of Florida. And with me, the co-host of the signature Real Estate Finder podcast,

Staci Garcia:

Staci Garcia.

Matthew Maschler:

Hi Staci, how are you?

Staci Garcia:

I’m good. How are you?

Matthew Maschler:

I never know if when I introduce someone, if I’m going to say their name or if they’re going to say their name,

Staci Garcia:

I usually let people say their name because I don’t want to massac it.

Matthew Maschler:

So I was heading over here and trying to explain someone. Someone says to me, you working today? I work every day. Right. But Tuesdays is podcast day. We record on Tuesday. Tuesday is his podcast day. And I was thinking about it. One of the reasons that we started this podcast, Stacy, last night sent me a text with some open issues. And so sometimes, I guess two years ago, three years ago before we started the podcast, I’d be out walking my dog at night, shout out to Nugget Nugget, Ashley, and I’d be on the phone with Stacy talking about issues, and she’d ask me questions about real estate and I’d answer

Staci Garcia:

That and then you’d say, oh, wish we recorded that.

Matthew Maschler:

I really wish I recorded that. Right. So today we’re going to have a working session. We have a list of open issues, and obviously the last, I dunno if it was last week or two weeks ago, we talked about the case of the disappearing buyer. So we’re going to start on that house. This is a house that Stacey has listed in Kings Point, and if you were not listening, basically the buyer disappeared. He forfeited his $3,000 contract. A very similar buyer showed up when we put the property back on the market when we were very suspect and rightfully suspect because that similar buyer was doing similar things. Yes. They let us know what this guy did. What was the asking price?

Staci Garcia:

The asking price is 99,900

Matthew Maschler:

And it went to contract at 99,000.

Staci Garcia:

No, it went to contract at, lemme back. 78 7 5 2 7 7.

Matthew Maschler:

So it was a signed executed contract at 78,000? Yes. Okay. So the buyers in their inspection period, right, did their inspection and basically they didn’t say if the house was good or bad, if they liked it, didn’t like it, if they liked the color of it, they literally just said, here’s an addendum. Yes. And what was the addendum purporting to do?

Staci Garcia:

The addendum came with an email and the email said, let’s get this done,

Matthew Maschler:

Let’s get this done.

Staci Garcia:

Right. So I thought, oh, okay, and just going to look and see. I had it right here just so I can, the addendum says this, put my glasses

Matthew Maschler:

On. And the addendum is basically a price reduction.

Staci Garcia:

Well, yes, exactly. The addendum said buyer and seller agree for the purchase price to be $72,367 and 69 cents.

Matthew Maschler:

So first I want to say my pet peeve, I hate addendums that say buyer and seller agree because in the whole preamble to the addendum, it defines the buyer, defines the seller and says that the buyer is the seller. Agree to the following. So all the addendum should do is just list, right. The purchase price will now be buyer will provide a credit or seller will provide a credit. Right. The inspection period will end on such and such date. Just say the thing, you’re not a lawyer, buyer and seller hereby agree. No, that’s already preprinted just to say the thing.

Staci Garcia:

That’s good to know.

Matthew Maschler:

Buyer and seller agree. Alright, so

Staci Garcia:

Of

Matthew Maschler:

Course buyer and seller agree. They both signed it, right? So they just wanted to lower the purchase price by $7,000.

Staci Garcia:

Yes.

Matthew Maschler:

No explanation. No, no negotiation. Nope. Just, Hey, sign here and lower the price. 7,000

Staci Garcia:

Buyer agrees to end inspection period and put property and pending status for on time closing.

Matthew Maschler:

Buyer agrees or seller agrees,

Staci Garcia:

Buyer agrees.

Matthew Maschler:

Well, that’s just wrong. The seller is the one that marks it.

Staci Garcia:

Yeah. Okay. All other terms and conditions remain the same.

Matthew Maschler:

Okay. So they were saying we’re going to lower the price by $7,000 and we’re going to end the inspection period, which is normal, but usually there’s there a preamble. Usually you got to warm some up a little bit.

Staci Garcia:

If you say, Hey, this is one thing. I mean, I know people are sticky on this point, and I guess we should ask the audience or agents when you get into a firm contract, but it’s not hard, you’re still in the inspection. Do you go in the MLS and market pending? Yes. Okay.

Matthew Maschler:

Or no active under contract.

Staci Garcia:

Okay. So at this point because of the agent, I didn’t mark pending.

Matthew Maschler:

Okay. So now it’s an MLS rule. As a member of the MLS, you’re supposed to not pending active under contract, the old contingent, which is now called active under contract. When you have an executed contract, you’re supposed to market active under contract. So that way, let’s say I am

Staci Garcia:

Joe Buyer,

Matthew Maschler:

I’m out there with my buyers. I see your property, it says active, I want to show it,

But it’s under contract. It’s not right that you’re showing it as active if it’s under contract. So the old contingent status, you market to active under contract. I don’t know if it’s 24 hours or 48 hours or a reasonable amount of time, but yes, technically according to the rules, you should have marked it active under contract. And it’s not a contract negotiation, it’s not an opinion, it’s just the rule. You can’t put in the contractual terms in the addendum rules of the association. Now the question is after inspection periods are over, do you leave it in active under contract or do you

Staci Garcia:

Change it to

Matthew Maschler:

Pending change it to pending if there’s no other contingencies, there’s no mortgage contingency inspection contingency, HOA, you still have an HOA contingency. I do. Yeah. Right. So you can leave it active under contract and you don’t have to market pending because it still has to be approved by the HOA. So there’s still a contingency you would be within your rights to leave it as active under contract. That is up to you. That is not up to the buyer or seller. The contract for sale is between the buyer and the seller. The agents are not under contract. They’re not parties to the contract. You cannot put the agent’s action in the contract.

Staci Garcia:

Gotcha. So you’re telling me that in the addendum, she’s telling the agent what to do?

Matthew Maschler:

Well read it again that they,

Staci Garcia:

It says,

Matthew Maschler:

Sorry.

Staci Garcia:

It says buyer, buyer and seller agreed for the purchase price to be 72 3 6 7 6 9. Buyer agrees to end the inspection period and put property in pending status for on-time closing.

Matthew Maschler:

I mean, the buyer can’t put the property in pending status. Right? Right. The seller’s agent who has to, right. But the seller, she

Staci Garcia:

Probably meant seller,

Matthew Maschler:

But the seller’s agent is not a party to the contract. So you can’t say the seller agrees to put it in pending status and you can’t say the seller’s agent agrees because now all of a sudden you’re a party to the contract, you got to sign the contract. So it is whatever, it’s just people who don’t understand the

Staci Garcia:

Rules. Right. Now I gather that. So one of my thoughts was the contract was signed on the 12th,

Matthew Maschler:

February 12th,

Staci Garcia:

Executed on the 12th. It’s a five day inspection period. I just want to double check that. And we were on the last day. That’s where I said to you, I’m not sure if I know all of the answers to your questions, so I have to look at the contract at the same time.

Matthew Maschler:

Last day was Saturday the 17th,

Staci Garcia:

So it was Friday the 16th. When this was happening, I would’ve happily changed the status because we were good to go. I feel like until this happened, right

Matthew Maschler:

When the inspection period ended, if it would’ve ended naturally, you would’ve then the day after the inspection period was over, if the buyer’s agent would’ve said, Hey, Stacy, would you mark the status pending? Oh yeah, sure, no problem. Exactly. Boom. Okay.

Staci Garcia:

Probably I would’ve done it on Friday night. You know what I mean? Except that I got this email and there was really no explanation. The explanation was you need

Matthew Maschler:

A little bit of foreplay, right? You need a little bit of, hi, we have the property inspected and I don’t even need details. We have the property inspected and the buyer would like to request that the $7,000 credit or the purchase request be lowered by seven days

Staci Garcia:

And also that we end the inspection period, but by what one day. You know what I

Matthew Maschler:

Mean? Well, she wanted to make, it’s good for your seller that you were going, and I think that’s what she was trying to say, is that by signing this would end the inspection period. It’s actually really good form because I’ve had situations where, let’s say it’s the 12th and you have a seven day inspection. So on the 15th you agree to a $10,000 credit, and then on the 18th, the buyer cancels.

Staci Garcia:

Yeah, no, I get that. Wait,

Matthew Maschler:

What do you mean you canceled? We agreed to a credit, right? Yeah, but I still have the right to

Staci Garcia:

Cancel. Then I get that

Matthew Maschler:

It is a good practice to actually end the inspection period with the settlement of the inspection negotiation.

Staci Garcia:

And also my premise of the whole thing was in the MLS, it says, as is with right to inspect, no credits or repairs will be made.

Matthew Maschler:

Well, that’s just a negotiation

Staci Garcia:

And I don’t negotiate. Okay. So that it is what it is, right?

Matthew Maschler:

That was in the broker remarks in the m ls. Was it ever discussed?

Staci Garcia:

I don’t know. No, I don’t think it was. I’m not sure. Actually. It feels like I did the same transaction twice because I had the same brokerage.

Matthew Maschler:

So here’s the thing as is does not mean that the property is as is. It’s just the type of contract. It’s always as is subject to negotiation because it’s always as is subject to negotiation because there’s always things that the buyer doesn’t know. Buyer looks at the property, they like it, they negotiate, they know that the roof is 30 years old. They have the property inspected and then they say, Hey, the roof is 30 years old. Well, yeah, you knew that, right? But they have the property inspected and maybe something’s discovered that they didn’t know, didn’t even have, not about the roof, but even if it’s about the roof cannot get insurance based on the age of the roof. Oh, see, I knew it was 30 years old. I didn’t know that the house wasn’t insurable. So then the buyer can cancel. And legally that’s the buyer’s only, right?

It’s an As is contract subject to the inspection. Based on the inspection, the buyer can cancel. So what happens is never really forgets that everybody thinks this step is automatic and it really is, right? The buyer has the right to cancel based on the inspection. The buyer discovers something. So the buyer says to the seller, Hey, Mr. Seller, listen, I knew I agreed to this price, but I did not know about X, Y, and Z, and I’m going to cancel it unless you want to negotiate a little bit more. I didn’t know that it had polybutylene pipes. I’m going to need to replace the polybutylene pipes. It’s a $35,000 job. I am going to ask you for a $35,000 credit. And if you don’t want to give it, that’s fine. We’ll cancel the contract. You could put the house back on the market. The seller was so happy he got a buyer, they celebrated, they pop champagne.

They thought about the house that they were going to buy. They’re vested in this buyer, and they think, all right, well, any new buyer’s going to discover that has polybutylene pipes. If I put it back on the market, do I disclose the polybutylene pipes or do I do the exact same thing again? And hope the buyer doesn’t find out is probably be building pipes. So the easiest thing to do in that situation is for the seller to give in a little bit so you have a particular buyer that won’t negotiate in inspections. Just out of principle, I don’t think it’s a principle. It’s just a rule. My

Staci Garcia:

Seller,

Matthew Maschler:

A particular seller, excuse me. And that you’re taking that stance, general.

Staci Garcia:

It’s also in the additional

Matthew Maschler:

Terms. And look, and I’ve negotiated and negotiated the price down. I go, listen, I’m going to tell you that’s the number. Don’t do the inspection. All of a sudden come to me and find out something. However, even the most obstinate seller, if there’s something really discovered the seller really didn’t know about, right? If you really didn’t know about it, the buyer didn’t really know about it, you’re still going to have the decision. So the buyer can choose. The buyer’s power is to cancel, and you can choose if the buyer, well, you told ’em that you’re not going to negotiate. If the buyer asked for $500, you’d probably give it

Staci Garcia:

Possibly,

Matthew Maschler:

Right? Yeah. But the buyer asked for $7,000 and they didn’t even ask nicely.

Staci Garcia:

No, they didn’t. They just supplied the addendum and said, let’s do this, basically.

Matthew Maschler:

And they should have said, hi. We got an inspection. And

Staci Garcia:

It really wasn’t about the inspection though. It doesn’t

Matthew Maschler:

Have to be about the inspection. The buyer has the right to cancel. Hi, we had the property inspected. We really thought about it, and we don’t want to go through with the purchase at that price. If you give us a 7,000 credit, then we’ll come back to the table. You have to actually say those words.

Staci Garcia:

Yeah, there was no,

Matthew Maschler:

Not let’s do this. Right? It doesn’t work at the bar. Let’s do this. You have to say some words to get what you want.

Staci Garcia:

Yeah. So that was a surprise. I got the email without any explanation, and then immediately, this is what happened. Immediately, I replied, no, the seller will not sign the addendum. And then my phone rang and it was the buyer’s agent, and she said, did you present the addendum to the seller? And I said, here’s what’s up. And it says this in the MLS, the seller’s, my brother. Right?

Matthew Maschler:

You told this to the buyer.

Staci Garcia:

I told this to the buyer’s agent seller is my brother. And basically it would be like me saying to him, hi, we got an addendum on the contract that was executed and they want to now change the price to 72 instead of 78. I would tell him, it’s ridiculous. He would say, oh my God, that’s crazy. And then no one would sign anything. So I’m telling her this. And also he was on a flight back from China,

Matthew Maschler:

Stacey’s what we call an overshare.

Staci Garcia:

So yeah, did I present it? I texted my brother all of this as it was going on.

Matthew Maschler:

You texted your brother that they sent this a ridiculous addendum for a price change without anything. And what did he say?

Staci Garcia:

He didn’t answer because he is on a life insurance. Yes.

Matthew Maschler:

So you know what that is. You know what means, by the way? No, you presented

Staci Garcia:

It. Oh, okay. Okay. So I knew I wasn’t getting get an answer. Right?

Matthew Maschler:

No, I’m saying you presented it,

Staci Garcia:

Right? So I told her her that and she said, well, I want to get this done. She’s doing me a favor. She said, you had this on the market for a really long time. And that kind of aggravated me. I said, it was on the market for a long time because it was under contract with a guy in your office who lost his buyer,

Matthew Maschler:

Active under contract, by the way, should stop the days on market,

Staci Garcia:

But still, you know what I mean? It still before that, it had gone through five or six offers under contract. And then,

Matthew Maschler:

By the way, but that’s why it’s always good to put it in active under

Staci Garcia:

Contract. Yeah. It stops the days. It does stop those days. But the last 35 days, or it was more than 35 days, it was stuck with this. She looked at the date from when it was listed to the date where we are now. So she’s like, you’ve had this now since October or November. Don’t you want to get rid of it? I said, I’m not giving it away. If I wanted to give it away, I would’ve given it away already. So she didn’t understand. She was basically trying to close on it. She’s like, let’s do this. Let’s get it done. I said, I’m not sure if, and I feel like you should. A guy in your office already went through this with me. And we ended up getting his buyer’s escrow because it was done so badly, which had never happened to me before. So I’m like, wow, it was a colossal disaster, and I just want to, yes, I just would love to sell it.

But at the rate that you’re going, you’re doing worse than he is. So the only thing we changed now was we asked for an escrow, a higher level of escrow. Because remember on the last podcast I said, all we got was $3,000, and we were surprised to even get that. So my brother was like, Hey, just make the escrow $10,000, and if they really mess up, then we get $10,000. She said to me that That’s crazy. And I said, well, it does feel crazy actually that I’m having this conversation with you and you work in the same office. You know what I mean? But you can’t just lower the price for no reason. So then now we’re not going to sign it. So we hang up and then my phone rings again, and it’s her broker going crazy on me, going crazy on me. He didn’t like the way I spoke to her. He thought that I was abusive, and Matthew’s known me for over a decade. I’m the least abusive person. I just was saying to her, I’m so surprised. I was so sarcastic often, you know what I mean? I was over the top flabbergasted. I think my tone was just like when you talk to a child and they just set fire to the kitchen, and you’re like, you didn’t think that that would catch fire. You know what I mean? That was my tone, was overwhelmed.

Just how could you be so stupid was my tone. But I was like, you guys don’t talk in your office. You guys have the same buyer. And she’s like, what? And I said, because both contracts have the same buyer in the title company. They even got it confused and sent me the wrong escrow. They used the first escrow instead of the second escrow. I said, the escrow wasn’t supposed to be through a thousand dollars. It’s supposed to be $10,000.

Matthew Maschler:

Title company literally sent us, they had the wrong number, did have the wrong, they

Staci Garcia:

Had the wrong amount. And I said, but the right buyer. But the buyer was the same buyer for both transactions. So that’s why it just was very shady. And yes, I said to her, I’m like, the whole thing is incredibly shady. You have a guy in your office who already went through this whole process and they lost their escrow. They lost their buyer who lost his escrow. And now I have the same buyer coming back and we asked for an additional escrow. And because we feel like if you’re going to mess up, we better make it worth our while and you’re actually messing up. You know what I mean? And I am so flabbergasted by the whole thing. And so when he called me, he was like, you were abusive to my agent, and she’s really upset. And I was, I was so over it because it really wasn’t about her

Matthew Maschler:

A signature, right? There’s 1500 agents. So if a buyer, there could have been if some agent represented a buyer, and then that buyer went to me afterwards. Isn’t

Staci Garcia:

It weird?

Matthew Maschler:

I wouldn’t have any idea though.

Staci Garcia:

But no, here’s where you would have an idea. When you put the buyer’s name into total brokerage, an alert comes up on total broker and it says, Hey, Matthew Ashler, you might want to talk to Stacey Garcia because Stacey Garcia has this client and it’s an alert,

Matthew Maschler:

And most people just ignore it because they’re happy to steal the client.

Staci Garcia:

But I actually respect that. I’m like, oh, my client just came up under someone else’s name. Lemme see what’s going on.

Matthew Maschler:

But what I’m saying is it is possible, in all fairness, it is possible that this girl did not know about the other deal.

Staci Garcia:

Yes, I guess so.

Matthew Maschler:

The buyer did, but she could be a patsy,

Staci Garcia:

Could be. I mean, even the naivete of that, I, let me sidetrack for one second. Somebody called me over the weekend to see a house that’s in a coming soon status. So we can talk about this afterwards, but this is how, I’m not an expert. I haven’t been doing this a million years. My mom did it, but I thought, oh, I don’t want to do that. And I really turned my brain off towards the whole thing. But I’ve been doing it since 2016 and now I feel very confident about it, about doing real estate. Being a real estate agent. When someone says certain things to you, you know that they’re not confident and they haven’t been doing it a long time. And one of the things that this person said is, can I bring my people to see your housing and coming soon? I said, no, you can’t because it’s against the MLS rules, right?

That’s number one. The second thing she said is, well, I’d like to see the inside of it, and there’s no pictures of the inside of it. I said, it’s coming soon, so there will be pictures of the inside of it. Just got to be patient. And she asked me a million question, what does it look like? And I kind of explained it a little bit, but then she said, we want to use it as an Airbnb. I said, you can’t have an Airbnb because it’s in the city of Boca, which you can’t have an Airbnb. She was like, well, this is for traveling nurses. And she talked a lot. So she gave away a lot of her thought. The last thing she said is, in my day job, in my day job, I find places for traveling nurses to stay in various cities. Cool. But that’s great, and I love that.

But in her day job, she’s not a real estate agent. So as soon as she said, in my day job, I find places for traveling nurse, as soon as she said in my day job, I was like, oh God, I’m done with this. Her day job is not doing real estate. So now it’s Saturday, we’re having a conversation and she has a day job. That’s all I need to know when it’s coming. Soon, when it goes active, you can come see it. That’s it. I’m not wasting any more time because you have a day job. You know what I mean? This isn’t what you do all day. So that certain things are like red flags when someone says they have another job, their day job, their real job, what they do all week where they make their money, that’s a red flag for me. That means they don’t really focus on the real estate that much.

Maybe it just on Saturdays. So I was done with that, and that’s kind of how I felt with this agent that wanted to negotiate with me but didn’t actually negotiate. She seemed just as new, if you will, to the real estate process as instead of negotiating, I’m going to send her the addendum. If I didn’t read the addendum, I mean, if I was just too busy or whatever, I would’ve signed it. I would’ve had the buyer, the seller, sign it. Then you notice that they changed the price, certain things, it just didn’t make sense on the addendum. So a lot of red flags went up. And I was aggravated when I spoke with her, but I wasn’t supremely mean. I was just so surprised. So when her broker called and told me how mean I was, and I had no business talking to her like that, and he had some choice words for me, I just hung up on him. And then I was just like, I don’t know where we go from here. I hope that they

Matthew Maschler:

Really, did they cancel?

Staci Garcia:

No, I asked, this is what’s up. I asked him. I asked him by text for a release and cancellation and I didn’t get it. I also said,

Matthew Maschler:

So they’re under contract?

Staci Garcia:

They’re under contract. That’s crazy. Nothing’s happened. Nothing’s happened. And in the contract it says that the buyer will apply to the HOA within seven days and show proof because before, remember they lost their

Matthew Maschler:

Buyer and have they,

Staci Garcia:

I have no proof.

Matthew Maschler:

Is there an email trail with these people? Am

Staci Garcia:

There’s an email trail?

Matthew Maschler:

Am I on it?

Staci Garcia:

Yeah, you should be on my side of it. At least if they didn’t reply all, I’m not sure. But it says please, she sent me something that said there’s an attachment for the A application that the seller needs to sign, but there was no attachment. So I replied back and said, please add the attachment to your email. And I haven’t gotten it back yet.

Matthew Maschler:

Okay. So after the podcast, I’ll reply to me here. Okay. And I will ask today, we’re recording on February 20th. When’s the closing date?

Staci Garcia:

That’s a good question. Let me look because it’s been so many different closing

Matthew Maschler:

Dates. And who’s doing the closing?

Staci Garcia:

Their person. Attorney. Attorney.

Matthew Maschler:

Key

Staci Garcia:

Attorney Ski again.

Matthew Maschler:

Okay.

Staci Garcia:

A different person in there, but still.

Matthew Maschler:

Right. Okay.

Staci Garcia:

The closing day is on or before? 3 20 24.

Matthew Maschler:

Three 20. Alright. So there’s some time It’s a month away. Who wrote on before?

Staci Garcia:

They did. They did. Yeah. I don’t write that I

Matthew Maschler:

Hate on before.

Staci Garcia:

I don’t write that. Yeah. So

Matthew Maschler:

Stacey, when’s your birthday? Three, two on or before March 2nd?

Staci Garcia:

Exactly. Yeah. Well, if I can make it sometimes when the hockey game’s early against Philadelphia, I celebrate my birthday earlier than I do, but that’s not,

Matthew Maschler:

Sometimes I celebrate my birthday on sometimes before. Yeah. I once celebrated my birthday in October. My birthday’s in November. Yeah, in October of my 40th birthday, I went with my brothers. I think was, was it the summer? My birthday is November 20th and my 40th birthday was 2012, and we went out to Vegas, I think in July of 2014.

Staci Garcia:

You right into

Matthew Maschler:

It very early. It was almost two years later. When you’re in big people are like, are you celebrating anything? Yeah. What are you celebrate My brother’s birthday. Oh, well, when is it? A year and a half ago.

Staci Garcia:

I’m sure that happened a lot with Covid.

Matthew Maschler:

Yeah. Well, it wasn’t Covid in two 12, but I’m just saying. But they gave me a certificate.

Staci Garcia:

Oh, they

Matthew Maschler:

Did? On my birthday. They gave me a certificate for it. Brother’s trip to Vegas. That’s awesome. So then we had to actually go out and plan it. Oh, that’s

Staci Garcia:

Funny. That’s like when you go to Runan out in Coral Springs, they give you who was born and all

Matthew Maschler:

That on your birthday. I’m off.

Staci Garcia:

You are?

Matthew Maschler:

Yeah. They fired the chef. What was his name? Michael something. And it’s gone really down.

Staci Garcia:

I haven’t been there in over a decade. I just know that I used to get

Matthew Maschler:

Excited. We are off Runyon. We are calling for a full real estate finder. Not a boycott, but withdrawal of the endorsement. Okay. All right. I’m a big run. I was a big Runion fan. Anyone who goes to Runyon on my suggestion, please note that we are off and we are withdrawing our endorsement. That’s big news. Big, big news. Yeah, we ended up at MYY the other day. I

Staci Garcia:

Was going to say that, you know what? I went to the casino after a hockey game and I didn’t put two and two together, but a lot of people do do that.

Matthew Maschler:

My Y at hockey,

Staci Garcia:

They go to the hockey game and then they go to the casino. So you happen to note it wasn’t a coincidence. As soon as I walked in, I’m like, wow, there’s a lot of Panthers fans there and they keep talking about the Seminole Coconut Creek during the game, but I’m not putting it together. We happened to go there. We had my son’s cousin with us, so he wanted to go to a casino and see what it looked like. And my boys had never been. So we went there and I’m thinking, wow, look at all the Panthers fans. The had endorsed it the whole time during the hockey game. They’re partners and a lot of people do that, but I wasn’t aware of it. I didn’t know it was a thing. So after the game, a lot of people go there, that’s a thing. And now I didn’t know it.

So once I was there I was like, oh wow, it is a thing. So they have entertainment and everything’s going on, and I think it was a Friday night, so it was totally booming there. Really. And my kids were like, wow, this is the place to be. I’m like, you know what? I feel like if you guys came here, my kids are almost all adults. My son will be an adult next month, April. So if they wanted to go somewhere, I’d feel confident with them going there. I feel okay. They’re safe in a way. I know they’re gambling or they’re hanging out with, but there’s a lot of security. It’s very well lit. There’s a lot of people there. So while I was there, I was surprised. It was super nice and I was impressed also, they have really good matza ball soup.

Matthew Maschler:

At what?

Staci Garcia:

No, at

Matthew Maschler:

The deli. At the deli. At the deli? Yeah. Well, that used to be when David was little, we would go to Panther games, we would go to N. My wife beforehand did. Yep. Tons of times. You know where my favorite restaurant, when people say, I’m going Bank of Landing Center or whatever it’s called now. Yeah. Wish we would go for dinner beforehand. City Fish market. Really? Glades in the turnpike. Oh, jump on turnpike, have dinner. Just jump right on the turnpike. We

Staci Garcia:

Don’t really end up, we don’t get that. We’re never ready.

Matthew Maschler:

We

Staci Garcia:

Always, always are rushing. I mean, we’ve done it a million times, but we’re always rushing. The only time I once get to a hockey game early was on Italian night with my friend who’s not my children. When it’s my kids. We are seriously walking and it’s game time. But we used to go and eat there. When we went to eat the saute guy in the club level in Lexus club, that whole thing has gone to crap. So that’s not our eating plan. So sometimes I fend. It’s kind of a fend for yourself. My kids fend for themselves when they eat there or when we go there. They ended up,

Matthew Maschler:

But why is a good stop before or after or the casino in general? Alright,

Staci Garcia:

So I don’t know what’s going to happen. So you’ll let me know what your email says. I’m not sure which way to play it because we are we out of inspection

Matthew Maschler:

Period. How much is the escrow? Escrow for

Staci Garcia:

$10,000.

Matthew Maschler:

Really? Yeah. You’re out of inspection period. That was something I was going to tell you. If you get a ridiculous inspection letter as a seller and it’s like the last day of inspections, just ghost them.

Staci Garcia:

That’s my point. I haven’t replied or anything. I figured I’m not going to shake the

Matthew Maschler:

Nest. They can come back later and cancel. Yeah, right. If you don’t say boo.

Staci Garcia:

Yeah, I haven’t. I just let it rot. It really made me angry on Friday. It wasn’t the whole thing that made me angry. The whole thing that made me angry. The one thing is that he said I was mean to his agent

Matthew Maschler:

And all you were doing was oversharing.

Staci Garcia:

Yeah, and I was trying to say,

Matthew Maschler:

I

Staci Garcia:

Presented and you explain the whole thing. I explained the whole thing.

Matthew Maschler:

You have an obligation to present. If your seller is on an airplane, that doesn’t mean you didn’t present, and if they don’t respond or if you have to wait until they get off. Oh

Staci Garcia:

Yeah. Even if that thing was awesome and perfect,

Matthew Maschler:

By the way, if you have written instructions from your seller to withhold, and that’s what you should do for both of those sellers, your brother and the other one, you should actually put in the listing agreement or just have a side agreement that says that the seller, he right authorizes you to withhold all repair requests over $500. And then when you get the repair request, you can just reject it and you don’t have to present it.

Staci Garcia:

Got it. I was going to ask you about that. So I’m not sure. I’m trying to think who I was talking to. Oh, I was talking to Reese. He’s on chapter 13 of the real estate. Oh yeah, yeah. He’s taking the real estate class and he went through contracts, which was chapter 11. So he said to me, if you get an offer on a house and it’s really low, and you know that showing the offer to your, he read that you have to present a offers. Okay. So he said, but if you know it’s going to make your seller angry. I said, we’ve actually talked about that. You and I have, and it’s interesting. I haven’t told him to listen to the podcast yet. He hasn’t finished the course. But I said that is sometimes a touchy issue. You don’t want to piss off your seller, but you also want to present all offers. But you also, I always tell people during open houses, Hey, write an offer, write an offer. Right?

Matthew Maschler:

Because it’s always good to counter and not counter with full price. If I have a property listed for a million and someone offers me 3 25, I don’t want to present it, it’s going to piss off my salary. Hey Joe, take a look at this piece of shit. 3 25. Is that guy in crack, right? I actually responded to, I actually hit respond. Is that the down payment? Are you financing the rest, right? Anyway, yeah. I have a legal obligation to present all offers. Before I tell this guy to take a hike. Can I at least come down and counter,

Staci Garcia:

Can you counter 1,000,003, two, five. Now

Matthew Maschler:

Can I at least counter $1,000? Right? Right. I’ll come back to him at 9 99 99. So he knows he got some movement.

Staci Garcia:

Okay, so that actually happened with my seller. He said, oh, screw them. Let’s counter and drop the price by a ridiculous

Matthew Maschler:

Good news. Well, the seller didn’t accept your offer, your ridiculously low offer of 3 25. He has come down from his full asking price of 1 million and he’s going to give you a great deal.

Staci Garcia:

9 99, 9 9 9 9.

Matthew Maschler:

You want me to write? You want me to write it up or you going to revise your offer? 9 99.

Staci Garcia:

My seller did do that. He was like, this is ridiculous. I said, if you don’t mind, I would love to reply. You know what I mean? And we can lower it like $1,000. And it is kind of like the point. So it does tell more when you do that and say, Hey, that’s a slap on the, it’s like it’s an insult, but here you go. If you want an insult, we’ll give you one right back. So I said to my son, I’m like, sometimes I would imagine in a list agreement you can agree with seller that you will not bother them. I’m sure

Matthew Maschler:

No withhold all offers lower than, oh, there you go. All offers lower than 90% of the purchase price.

Staci Garcia:

Okay, there you go. That was my son’s question and it was a good one.

Matthew Maschler:

And then you have to tell. So when you get the offer, then say, I’m sorry, the seller’s rejecting it. And if they ask you, if you presented it, say no, I have written instructions that I could withhold, withhold offers that I deem to be too small or I’ve written, I might say, I’ve written instructions to withhold all offers that I seem ridiculously low. Right? It’s a good way. It depends on how much vinegar or honey. Right? I gotcha. I use both. I try to figure out when it’s warranted. Is that the down payment you find? That’s the rest, right? I don’t even know if that’s vinegar or honey.

Staci Garcia:

I’ll tell you something, that we lowered the price. Remember I just said we lowered it $1,000. If you’re going to mess with us and waste our time, we’re going to waste it right back. That ended up being the buyer who bought the house. So yeah, that one thing says a lot. They don’t really, they’re not negotiable. So they gave you a thousand dollars. That’s a really big deal. My clients never negotiate. So the buyer was like, well that’s really not negotiating. I’m like, well, in our world that is because he never gives anyone anything. So he ended up writing another offer and three more after that. So there were five offers from the same buyer and the buyer ended up buying it. So he took it as a challenge accepted and that closed last month. But that’s kind of how that one worked, didn’t backfire.

Matthew Maschler:

So I have a whole list here of five different properties we were going to discuss today in the real Estate Find podcast. We got one. We got one. So tune in next week to hear all about our flips. Our flips. Yeah. That is the word I’m looking for. Yeah. Why am I thinking it’s a different word? Anyway, to hear all about our rehabs, our listings, our potential new listings, our crazy buyers and sellers here in Florida. You can find out the continuing saga of the disappearing buyer. Did this second buyer disappear? We don’t know. Thank you for joining us Hope. Just want to shout out to Howard Feldman. Thank you for sticking with us. He’s been listening. He quizzes me. That’s funny all. And thank you for joining us. We will be back next week. You can go to realestate finder.com to check out all of our featured listings. And if you know anyone that wants to join the team, please reach out to me. We hired two agents, new agents this week, this month, the month of February. Awesome. Added two new people to the list. My son’s going to be coming soon. Coming soon.

Speaker 3:

The future looks bright and the stones pass by the sky’s blue when it’s almost that time. Light shows cameras flash when I pass. Living in the moment. Forget about the past. They save the best for last. Matthew Mania. We about to make a splash. Life is a marathon full of sharp turns. Got to keep pace while the hands on the clock turns high stakes. Five star real estate. I run a show. You can tell the boss, center place electricity energy. If I brake, I’m always on time. Even if I’m late, I make dreams come true. Living my life. Hope the same for you. Real clear view. Give a clue

Speaker 4:

It on you knows what time it’s what’s on. What time,

Speaker 3:

What time. You know, what time, what? Its whose time? It’s, you know what time. Yeah. Got him shook, scared. Can’t look. We’re not afraid of big.