Ep. 74 – Do we have a contract? Real Estate Offer Questions Answered

Matthew Maschler:
Welcome to the Real Estate Finder podcast. I’m Matthew Maschler, real estate broker with the signature real estate companies here in the state of Florida. I run the signature real estate finder, uh, brokerage. It’s a team of agents under the signature real estate companies umbrella. And with me, the co-host of the Real Estate Finder podcast, Stacy Garcia. Hi, Stacy. How are you? I’m okay. All right. Stacy, did you see the, uh, March newsletter? Yep. Mm-hmm. <affirmative>. So, uh, March newsletter went out, and I’m very, very proud of it. If you’re listening to this podcast and you want a copy of the newsletter, just, uh, email me matt real estate finder.com, and I will put you on the mailing list for the newsletter. Um, it’s filled with great information and about, uh, about real estate and about, uh, the signature real estate companies and about agents on our team.
So, uh, very, very happy with that. We’ve been doing that for about since August. So, so that’s a, a fun, uh, project and, uh, gonna start drafting the, uh, April newsletter soon. Soon, <laugh>, soon enough. It’s almost as if it starts like the day after I send it March 2nd. I, yeah. The day after I send it, I, I, I start the skeleton of, of the next, um, newsletter. And, uh, there’s a, there’s a column, the, the message from me. And, uh, I just kind of, I kind of rushed it. I, I, I like to write that one last because I like to read the whole newsletter first, and then I like to be present because it, it’s February when I write it, and I release it March 1st. And if I write it too early in February, it’s not seasonal enough. So I like it to be as close to the, the, the first as possible.
Um, but then, you know, no matter how far in advance I try when I’m writing it, even if I start on the first and I follow up on the eighth, I’m always rushing. And on the last day of the month, and February was a short month, right? Like March 1st came quickly. Uh, so the message from me, I, I kind of rushed and, um, you know, a couple people mentioned I, I should have, uh, edited it better. Um, and, and I reread it. And I, I think it’s fine. It’s just, it’s just in a very conversational voice. It’s like my tone as if I was talking to someone, I actually like conversational much better than, yeah. Formal. Yeah. But I think to, to start the newsletter, uh, formal. So I, I went o over on, uh, chat, G P t Yeah. On the artificial intelligence. I asked it to, uh, write an introduction to, uh, the real estate, uh, uh, to a real estate company newsletter.
Right? And it wrote a great introduction for, do you think it writes the same thing for every person? No, no, because if you hit regenerate response mm-hmm. <affirmative>, it’ll just write something new. Oh, it’s, it’s, it’s kind of amazing. And then, um, I’m still a novice at it. Um, people that are really into it can do amazing things. But, um, you know, if you don’t like the tone, you can tell it, uh, be, you know, be funny or be intellectual, right? Or, or, or be smarter. Yeah. Uh, write, make it a poem. Make it rhyme. Cool. It’s really, really amazing, uh, what it, what it can do. In fact, um, one of the things I wanted to talk today about on the show is, uh, hurricane windows. Uh, because we, we just had some installed on one of our renovation projects, so I wanna give a big shout out to, uh, John Stevens with, uh, b n t Windows.
Uh, if you’re in Palm Beach County or Broward County, and you need hurricane windows, I highly, uh, recommend to him. Uh, I was using a different company, I won’t mention them. Uh, they got too big for their britches. Uh, they stopped servicing, um, me on some of the houses that, you know, if a golf ball made, made a crack and I needed it replaced, um, they stopped servicing me. They stopped even taking appointments. I can’t, I can’t even get estimates on, um, on new projects. And, uh, when they do come out for estimates, their numbers are crazy high. Um, so I’ve completely, I, I started with that company, then I was like, that company or John from BT Windows, right? And now I’ve completely switched to, uh, John from b and t Windows for all of, uh, my customer referrals and for all of my flips.
So, um, I, and I was just playing around with chat, G B T, and I wrote, uh, write a podcast, uh, about why a, you need Har Haring windows in Florida. And it wrote a whole script, and I didn’t tell it to, but the, uh, there was the interviewer. Mm-hmm. <affirmative> didn’t say Matthew, it was just the host, right? And then it was the guest, and the guest’s name was John. That’s, that’s, that’s crazy. So when you add coincidence into artificial intelligence, spooky, it makes artificial intelligence look so much more powerful. It probably has his number too. So much more powerful. So, uh, so shout out to John. Uh, we do have a listener question. Uh, one of my, uh, agents asked me, um, a question he said, and, and said, Hey, maybe you can address this on the air of one, of, one of your, uh, episodes.
So let me see if I can, uh, find it or read it. Um, maybe you can talk about this on the show. Um, okay. Uh, we represent the seller. The buyer has not made their deposit. The buyer’s agent no longer responds to me. What, what is the recourse? Um, is the buyer in breach? What would the seller have to sue? Uh, more importantly, do I still have a contract? More importantly, can I put it back on the market and sell it to someone else? Can the seller cancel the contract? Okay. So, um, buyer writes an offer, and the seller accepts the offer. Back in the old days before the internet, uh, the buyer put a $1,000 check. It was always a thousand dollars <laugh>. Um, whether the property was, you know, 10 grand, a hundred grand, a million dollars, it was always a thousand dollars. And that was the binder.
That was the good faith deposit, and not always accompanied, uh, the offer. Um, and then if the seller accepted the offer, then you would deposit the check. Um, but there would always be a second deposit, a much more substantial, uh, second deposit, um, either within a few days or at the latest after inspections, uh, because we became much more digital and technological. And when we submit an offer by email, uh, when you submit an offer by email, and people were putting a copy of the check, and they were using the same cover letter, right? Attached, please find the offer, and a check for a thousand dollars. Like, no, this is not a check. There’s a copy of a check. So, um, so what happened is that first deposit, um, became three days. And usually the defaults three days, three days after, uh, after the offer is accepted, uh, first deposit, which is usually a little bit smaller in the traditional offer, the, the second deposit would be a little bit larger.
If someone’s gonna put like 5% down, it’d be a thousand or 3000 or 5,000 with the offer, or three days, uh, to become three days from the original offer. And then the second deposit after the inspections is, is the more significant. Um, so we had the deal, this, this, this, um, seller’s agent, uh, had a deal that everything was signed, and the, uh, deposit was due on Friday, um, due on Friday. And, uh, waiting to hear back from the title agent, the, um, the, you know, the escrow agent, I should say, um, or the buyer’ss agent, uh, for confirmation that, and generally, like, you know, if, if the buyer’s agent just says the deposit was made, and the escrow agent doesn’t respond to me just yet, and, and, and I’ll wait till the next day to actually get the official confirmation from the agent, you know, I’ll take a verbal, um, if, if, if, if I need to wait one day for the, um, for the escrow agent to actually make the official confirmation letter. Um, but what we heard on Friday was that the buyer went to the bank, the line was too long, so they left <laugh>.
That’s all <laugh>. And now that I say it out loud, I’m like, why didn’t they just write a check? Why did it have to be a wire? Maybe they’re outta state, but I don’t think they’re outta state. Like, they could have just wrote a check a wire for the closing. But for that first deposit, I gotta, I gotta follow up with the, with, with this person, when they were spread checked. So, so Friday came and went, no deposit was made. Uh, Monday came and went, and we didn’t even hear from the buyer’s agent. Um, so now the seller’s like, well, what do I do? Like, is the seller, the question is, is the seller in contract? Can the seller put it back on the market? More importantly, can he sign a, uh, uh, sell to someone else? And my contention is, is that the buyer is in breach, they’re in default.
Um, the seller’s not obligated to close anymore. I, I’d want to find out from a lawyer what exactly to do. Um, because you don’t want to situation where the seller signs another contract with somebody else. Um, so I think you’d, you, you’d officially write a letter to the, to the buyers and say, you know, dear Mr. Byer, um, you know, we had reached an agreement last week. However, you are in default under the contract. Um, you know, the the interesting thing though, is that the seller, because it, the sellers, the buyer breached the contract, I believe the seller can sue the buyer, uh, not just for the deposit, but for all the monies, um, to enforce the contract. Um, I actually think if the seller gets less money from somebody else, the seller can probably sue that original buyer for the difference and for damages, uh, that’s rarely done.
Generally, the sellers just move on. I mean, if the deposit was made and then like the second deposit was late, and the buyer’s in breach, if I was a seller, I’d put in a claim for that first deposit. Um, but usually if there’s no money, uh, in a, in a bank account anywhere, the seller’s not gonna pursue it against the buyer. So I would say, move on. Um, you know, re-list the property, move on, uh, go ahead, sign it with a sign, a sign, a sign, an offer from, from somebody else. This buyer is s o l. They don’t have a contract anymore. The, they’re, they’re in breach. Um, seller can, if they want, Sue. Um, I don’t think that’s, uh, wouldn’t worth time or money. What if
Staci Garcia:
Something happened, like a catastrophic situation came with the buyer.
Matthew Maschler:
Mm-hmm. <affirmative> the buyer still in default, the buyer still in breach. Yeah. I, I was talking with one of my, one of my, uh, investor customers the other day where they gave the cust, they gave the tenant to break because, uh, the wife was in labor. Mm-hmm. <affirmative>, you know, gave ’em 10 days. Right. And now it’s been a month. And like looking back on it, they should have not given it to ’em. I go, you’re correct. You shouldn’t have agreed to it. Right? But when someone says, my wife is in labor, no matter what it is, you just say, okay. Yeah. Right, right. Even if you shouldn’t, even if, you know, I mean, we’re all human on this. Um, you know, I’ve always thought you catch more flies with honey. This particular investor, this tenant is a son of a bitch and doesn’t deserve any courtesies anymore.
We’re gonna go a victim. His lease is up in six weeks, and we’re gonna have a victim. Cool. I have a process server right now heading to his door, <laugh>. It’s great. Let him shoot his pants. Stop. Bye, <laugh>. So, um, so yeah, so, um, hopefully, um, that helps you and helps your seller, um, move on, uh, put the house back on the market, find another buyer and move on. This battery is kicked to the curb. And don’t think about them ever again. If they were in an accident or their wife was in labor and they want to come back, I think you have to, should draft a new offer, just draft a new offer, a new contract, new dates, start again. And I, uh, I would, uh, I’d want that check at hand <laugh> before I signed it, um, because they did not, uh, gain any courtesies.
All right. So, uh, going back to, um, hurricane windows, uh, shout out to, um, as I said to John Stevens from, uh, b and t Window. And I wanna plug a little bit about why a house in Florida needs hurricane windows. Florida’s known for its tropical storms and hurricanes. These storms can bring strong winds, heavy rain, and even tornadoes, which can cause severe damage to homes and buildings. Hurricane windows are especially designed to withstand these extreme conditions that come with the storms. Hurricane windows are made of impact resistant glass and are installed with a heavy duty frame. The glass is designed to absorb the impact of flying debris and resist shattering, which can help protect your home from damage during the storm. The frame is also reinforced to provide extra strength and durability in addition to their resistance to storm damage. Hurricane windows can also help improve the energy efficiency of your home.
The thick glass and strong frame provide an extra layer of insulation, which can help you, your home keep cooler in the summer and warmer in the winter. This can result in lower energy bills in a more comfortable living environment. Um, so that, uh, was written by artificial intelligence. Uh, that’s pretty good. I, I asked it to actually write the, an entire episode, and it, and it did with dialogue back and forth, uh, with this person named, uh, John, named John <laugh>. Um, and, uh, it’s really, really, uh, cool. I’m gonna play with this. I might do it an entire episode, uh, on chat G P T, but, um, you know, it’s not automatic. You have to put work into it. You have to ask it the right questions. Um, the, the way we, we, we, we started doing it was, um, write an introduction to a podcast right?
About this subject. And then it was, um, and then it wrote the introduction, right? And then it was, um, what are the topics we should cover in a podcast about? And then it gave a list of, of, of topics. And then, and this, this isn’t done yet. I’m, I’m in the process of doing it. I think I left it in my printer, but I didn’t finish it. So I have had the introduction, and then I had the outline uhhuh, and then in the outline asked Che asked the artificial intelligence to write an a paragraph or, or two or five about each of the items in that outline, right? And then, so after a series of questions and commenced you, you get the, the introduction and you get all the different topics to cons consider, and then it was write a, write a, uh, a finale conclusion.
Yeah. And then you take all that stuff, put it all together, you would have this summer, you’d have your, you know, a nice, that’s awesome. 25 minute podcast summary. And, you know, I have a couple book ideas Yeah. Uh, that I’ve, like, I registered the name of the book.com mm-hmm. <affirmative> years ago, like 17, 18 years ago. Never actually wrote the book. Right. And I’ve actually, over the years, I’ve, um, notes on my phone, I’ve written a couple of thoughts or chapters and stuff. Right. But I think with chat, G P T, I think I can actually go ahead and write this book one day in
Staci Garcia:
Like a minute.
Matthew Maschler:
<laugh> No, I’m just kidding. <laugh>. Not in a minute. But
Staci Garcia:
I think, you know what? I think it’s going to blow away the publishing industry. Yeah. Because everyone’s gonna have a book that they can write. Yeah. Really, like, with people that can’t write, or people that don’t have enough time can just ask, tell them all the things that they wanted to say in the way that they would Right. And then have it put into the form of a book. Mm-hmm.
Matthew Maschler:
<affirmative>. Yeah. But I don’t know, once, once I finished that, and I guess I would write the book the same way I just described writing that podcast episode, uh, the problem is, once I finish that, is that mine? Do I own that? Is that my intellectual property? Can I take that to a publisher? I don’t know.
Staci Garcia:
I would think so. Yeah. It’s like a recipe. You put in all the stuff that you wanna make a cake, it’s your cake at the end.
Matthew Maschler:
Yeah. But like, you know, if your kid in high school or college did that, is it, can they get caught? Would it be considered plagiarism?
Staci Garcia:
My kids are outta high school, not worry anymore.
Matthew Maschler:
Yeah. I’m pretty sure that if my son had a, a, uh, an article to write in a American history class about the Civil War, and he asked chat G B t the questions, right. And chat G B T gave him the answers. I’m pretty sure that would be considered cheating.
Staci Garcia:
Well, I can rearrange them a little bit.
Matthew Maschler:
Yeah. There’s, there’s a second artificial intelligence website that is designed that you, you take the chat. So you take the chat g b t answer, right? And they have detectors, right? And it says, okay, this is 99% sure it was written by artificial intelligence. Right? You, but you take that whole thing and then you have this other site rewrite it, right? And then it would be undetectable. There
Staci Garcia:
You go.
Matthew Maschler:
Um,
Staci Garcia:
That’s a lot of work. So that’s homework.
Matthew Maschler:
Yeah. It’s like what they say in math, right? Like, you could have a calculator. You don’t have to know what’s nine plus three. You have to know how to get there. Right. Because in life you do have a calculator. Um, and I, I kind of, kind of believe that. But, uh, but yeah, I mean, this podcast wouldn’t be interesting if wasn’t from me. <laugh>, if, like, that’s the thing about the, the, the one that I just wrote. If you actually wrote the script, it’s not an interesting podcast at all whatsoever. Well,
Staci Garcia:
It’s just an informative podcast. You didn’t tell it to be funny.
Matthew Maschler:
Right. And how do I train artificial intelligence to be me?
Staci Garcia:
I’m, I’m assuming it, it’s, it learns from you. So everything that you write, it learns more and more and
Matthew Maschler:
More. So can we create an AI that listens to both my podcasts by Matthew Mania podcast and my Real Estate Finder podcast and say, okay, take all of this information and become arti Matthew Man’s artificial intelligence. And then all your answers should be based on things that Matthew either said or would say in Matthew’s style. All right. So now I have to find an artificial intelligence website that will create artificial intelligences, and I want to create Matthew Mania ai.
Staci Garcia:
Maybe just create the voices for artificial intelligence. It
Matthew Maschler:
Doesn’t have to be, I’m not, not not my physical voice, not what I sound like, but my, my personality, I want to download all these episodes into an ai, but I want it to be a little robot that looks like the guy from Twiggy, from Buck Rogers. Oh,
Staci Garcia:
Yeah. <laugh>,
Matthew Maschler:
That’s,
Staci Garcia:
Sorry, I won’t get to ask.
Matthew Maschler:
Alright, so, um, do you remember when we had, um, uh, Robert Glyn house in the studio? Yes. Mm-hmm. <affirmative>. And do you remember, um, I, uh, admitted possibly, I don’t know if I admitted to breaking, um, I don’t know if it was the realtor code of ethics or the MLS rules, or both by putting, uh, erroneous information in the MLS on purpose to trick, um, people into
Staci Garcia:
Checking out your
Matthew Maschler:
Listing. It was just a theory. Right, right, right. Just, I didn’t really do it. So, um, so yeah. So someone asked me the other day, Hey, did that work? Uh, and I’m not saying I did it. Um, but if I did do it right, it would, it might have resulted in two showings. Wow. Two showing requests.
Staci Garcia:
That’s pretty cool.
Matthew Maschler:
Yeah. So, um,
Staci Garcia:
And maybe a potential sale?
Matthew Maschler:
No, oh, no. The, the two showing requests, those two hypothetical showing requests that may or may not have happened. Right. They didn’t really result in anything.
Staci Garcia:
Oh, all right. So it’s just a good idea.
Matthew Maschler:
It was, but it was just a, an interesting idea to have, so, right. Um, if, if you don’t, if you guys don’t remember, I’ll tell you what we, we were talking about, um, we listed a property for sale that did not have a pool, and I’m not getting a lot of showing requests. And one of the things I was thinking was, uh, people who are doing safe searches, realtors or customers who are doing, uh, saved searches, uh, it didn’t pop up as a new listing in their area, um, because it didn’t match their requirements if they required a pool. So the idea was, uh, put change change in the MLS to put yes. For a pool. Um, not to trick anyone, uh, but just to get the, uh, safe searches to generate, uh, emails, uh, to the potential buyers and real estate agents that were watching those neighborhoods, uh, change it back a day later. Um, and obviously if anybody calls as a result of that, uh, disclose to them, I wouldn’t put a fake pool in or anything like that. Uh, but just, you know, disclose to them, make sure that before the showing that they, uh, that they, uh, didn’t, um, that they knew there was no pool. Um, but just to let them know that this house hit the market. Um, and obviously that there, there’s a ethical problem with code of ethics and the MLS rules for putting in false information, which is why I wouldn’t do it. I
Staci Garcia:
Kind of feel like that, and I agree with you with that, but I kind of feel like when people put in the stage virtual staging, it’s almost misleading.
Matthew Maschler:
I hate virtual staging for that
Staci Garcia:
Reason. It’s difficult for me to tell the difference. Yeah. And some, sometimes it’s really hard to tell whether it’s real or not. Yeah. I have to like zoom in and see if the shadows are real.
Matthew Maschler:
Yeah. You know, if the house was furnished and you took pictures and it was beautiful, and then the owners moved their furniture out, Uhhuh <affirmative>. And so now when I show the house, it’s not in the same condition as the pictures. I’m okay with that. But the virtual staging looks like it was like done just to fake you. Like that’s where I’m not okay with it said someone spent a lot of time to fake these images. And that, that’s where it bothers
Staci Garcia:
Me. It bothers me because I don’t know if that stuff is actually there. Yeah. It doesn’t say that it’s virtually staged. Right. It’s not even an option. Right, right. Right. So there’s no mls click the box for virtually staged uhhuh <affirmative>. So when you’re reading it, it’s not even in the description that this is a virtually staged, um, home. Yeah. The only, the only time you would notice is if first picture was nothing. Right. Or the first picture was the stage one, the second picture was nothing every single
Matthew Maschler:
Time. Right. Right. Nothing staged, nothing staged. Right. Right. So, yeah. So if it’s not disclosed, the, the, the issue is, you know, that, you know, realtors have to present an accurate representation of their listings by doing the virtual staging. Did they violate that rule by not providing an accurate, is it just an enhancement? Or is it, is it fraudulent enough? What
Staci Garcia:
If we virtually staged the landscaping of a property mm-hmm. <affirmative>. Yeah. And it was a real, real trashy mm-hmm. <affirmative> outside, right? Yeah. You’d be like, wow, that’s a really nice house. Not even thinking, you know, because all of the landscaping costs a lot of money. Right. When you get there and you see there’s no landscaping, you’d be like, wow.
Matthew Maschler:
But see, my issue is I don’t like when someone sees something online, and then when they see it in person, they’re, uh, they’re less impressed and disappointed. I’d rather see someone be, uh, thrilled and enjoyed and think, oh, this is better than I thought. Agree. But yeah. During covid, so many people bought houses site unseen. Right? Right. And if that virtual staging or that virtual landscaping was there, and that was one of the reasons that they were interested in the house. Now certainly yes. Their, their agents could have done a FaceTime video or walkthrough or something. Right. But that’s why, um, that’s why I’m so against buying properties site unseen, um, you know, on one of my listings. And we sold it and it was two and a half million dollars, and the buyer never saw it until the well final walkthrough the day before the closing.
And I’m like, you know, and, and look, if, if, if, if they’re, I get get it under contract, come down during inspections. Right. And, uh, if it’s not what you think it is, cancel real quick. I get that. Cuz why get on an airplane and spend that money if the house is gonna be sold out from under you. Um, but, but when there’s no recourse anymore, I, I mean, I just, I don’t even like negotiating when, when someone hasn’t seen the house. Um, and I’ve never, like if I show up to a listing appointment and I do a CMA in advance, I’ve never went to a house and said, you know what? This house is exactly what I thought. Right. It’s exact from the images on of the old listing and the pictures and the descriptions. This is, it’s exactly what I thought. It’s not better than, it’s not worse than it’s exactly what I’ve never, never, never.
Staci Garcia:
And I’ve never really never heard anyone say that either. Yeah.
Matthew Maschler:
And there are times I’ll come in and I’m hell impressed by the house. Right. And then there’s times I’m like, oh my God, I had no idea it was near that giant, uh, electrical wire. Right. There’s not, and I don’t have a problem with electrical wire, but when you, they work so hard to, um,
Staci Garcia:
Get them
Matthew Maschler:
Out picture, get the pictures, you know, you know, and, and if they digitally alter the pictures, that’s even worse. I, if they digitally alter the pictures to remove that electrical wire, I think that becomes fraudulent. Right. I agree. So, you know, is the, is the virtual staging, so I’m asking you, dear listener, reach out to us. Let me know what is your opinion? Is virtual staging merely an enhancement, a sales technique? Or is it a fraudulent, um, uh, is it a lie? Is it, um, a fraudulent misrepresentation about the property? Um, that is, uh, grounds for, uh, for a timeout, a real, a realtor punishment? I don’t know. Punishment. You kidding? Realtor punishment. We’ll give him time. We’ll give him a demerit. So
Staci Garcia:
I had a question this week. Yeah. So, um, in ne in negotiation with a buyer for my listing, and, uh, one thing I really appreciate that you taught me that I, I definitely follow, is I don’t want initials to, I don’t want it to go from the buyer to the seller, from the buyer, to the seller, and then finally get signed with all these initials everywhere and changes. I like a fresh offer.
Matthew Maschler:
Sometimes you, you, you do have to stop and, and, and, and, and draft a clean offer. Yep.
Staci Garcia:
Right. So I’m working with an, uh, a buyer’s agent who I know and I’m friendly with. And I, I tell him this situation is, I would like a fresh offer. I don’t mean to sound uptight about it, except I don’t know where we were with all these initials. And he says, oh my God, I’m so on the, on, in tune with you. I definitely wanna present a fresh offer every time so that when we have a contract signed, it looks good.
Matthew Maschler:
See, I’m, I’m okay with you. Cross out a couple one thing. Right. And put it in. The problem is Right. You cross out something, put something else in, you initial it, the other side doesn’t like it, they cross it out, they write something else in. Right. You get it back, you add a word, cross out one word, and then it’s just the, the problem I have, it’s not even just the appearance. The problem is at some point we no longer know what the contract says. Right. Right. And when you get to the point where you can’t read the contract and understand the terms, cuz there’s crossouts and initials everywhere, uh, you, you gotta stop what you’re doing and make a click contract.
Staci Garcia:
Right. So the, so, so I’m doing, at the same time I’m doing another contract mm-hmm. <affirmative>, um, negotiations for a contract. So I had two going at the same time mm-hmm. <affirmative> and I was trying to keep them
Matthew Maschler:
Two different deals.
Staci Garcia:
Yes. Two different deals, two different buyers for two different listings of mine. Uhhuh. Right. Uhhuh, and I’m on the same timeframe, and I’m trying to keep them kind of in line with each other. It’s easier for me to do that, to have, um, multiple things that are going on to block them in timeframes, you know? Right. Mm-hmm. <affirmative>. So, um, the first one that I just mentioned, I asked for a clean offer, just like I did for both, but I did for this guy. And he said, I will write a clean offer. Absolutely. I was like, cool. Awesome. Thank you. When he submitted a clean offer, he made the changes in an addendum. So it kind of changed everything because, um, the changes that I wanted on the, um, that I had put mm-hmm. <affirmative>, I had crossed out, put my buy seller’s initial, right? Mm-hmm. <affirmative> and then sent it to him. He created a new offer. And now my seller’s initial is it’s just sitting there. Right. It’s just changed the terms of the, um, amounts and all of the stuff that we wanted changed but didn’t change it.
Matthew Maschler:
He, he made, he wrote an addendum only, or he wrote a contract to,
Staci Garcia:
He’d used the, he used the contract,
Matthew Maschler:
The existing contract,
Staci Garcia:
And he changed the amount,
Matthew Maschler:
The, the the purchase price. Right. And then on the, on the first page, or in the addendum
Staci Garcia:
On the first page.
Matthew Maschler:
So, so it was a clean contract. It didn’t have crossouts and initials everywhere?
Staci Garcia:
No. Okay. Yeah. Yeah,
Matthew Maschler:
Yeah. It was not a, it was, it was a clean contract that did not have crossouts and initials everywhere. The purchase price was correct. Right. Okay.
Staci Garcia:
He cha he added an addendum, Uhhuh <affirmative>. And that at the addendum said, these, the following items do not convey,
Matthew Maschler:
Uh, personal property.
Staci Garcia:
Yep. Uhhuh <affirmative>, which would be normally in the first page,
Matthew Maschler:
Usually the right, the first page, you, you, you list what’s included and what’s, and then you list what’s excluded. Uhhuh
Staci Garcia:
<affirmative>. Right. So I had put it in the what’s excluded section? Uhhuh <affirmative>. And, um, cuz he didn’t include that in the original offer mm-hmm. <affirmative>. And he crossed it out and it was gone. And now it’s in an addendum.
Matthew Maschler:
Okay.
Staci Garcia:
Send it back to me mm-hmm. <affirmative>. And now we,
Matthew Maschler:
So on the new contract, on the front, front page where it says the following items are included and a and a couple boxes were checked, the, the following items are excluded. Now there’s nothing. And, and it was blank lines. Right. And the addendum, it says the following items of personal property are excluded from the contract. Right. And then there was a list.
Staci Garcia:
Right.
Matthew Maschler:
That’s fine.
Staci Garcia:
Okay. But now, now I get the addendum, we need to sign it Uhhuh
Matthew Maschler:
<affirmative>.
Staci Garcia:
And, um, my seller says, well, does that mean we have an executed contract when I sign this addendum
Matthew Maschler:
Sign, you have to sign the new contract and the addendum.
Staci Garcia:
And he and I said, um, yeah, we’re gonna have, but he goes, but now the dates are off
Matthew Maschler:
And
Staci Garcia:
The new, because the only thing that was signed was the addendum.
Matthew Maschler:
The, the contract wasn’t signed.
Staci Garcia:
I mean, uh, the contract was signed previously,
Matthew Maschler:
But you have a new piece of paper Yeah. With the correct price. Right on the front page, no exclusions. Right on the bottom of that page, there were no signatures or initials.
Staci Garcia:
It was the original signatures and initials.
Matthew Maschler:
How did he get I don’t under, that’s
Staci Garcia:
What I
Matthew Maschler:
Mean. I don’t understand how he did that.
Staci Garcia:
He just added an addendum.
Matthew Maschler:
So he didn’t do a new contract.
Staci Garcia:
I think he did a, uh, you in, in our system. He did a duplicate and added an addendum.
Matthew Maschler:
But how did he, but the contract did not have the front page of the contract. Did not have,
Staci Garcia:
Did not have the changes that I put on there where I added the exclusions.
Matthew Maschler:
I don’t, I don’t under Do you have it? No, you’re gonna have to show it to me. Okay. Because I’m not understanding if it’s a clean piece of paper with no signatures and initials. Right. Or if it’s a dirty piece of paper that has a bunch of signatures and initials. Well,
Staci Garcia:
In this situation, I said, now it has the old date. Right now the addendum’s new mm-hmm. <affirmative>, but the old date’s on it for the acceptance period. So I said, so my, my client said to me, so when I signed it, did it become a contract? And now he’s adding an addendum.
Matthew Maschler:
You, all right. So let’s go back to the original contract. Uhhuh <affirmative>, was the original contract ever executed
Staci Garcia:
Yes.
Matthew Maschler:
By both parties?
Staci Garcia:
No, no, because I was waiting for his initials.
Matthew Maschler:
There was, there was a term at the front, on the front page. What do you don’t remember what the term was?
Staci Garcia:
It was the exclusion. The exclusion.
Matthew Maschler:
So the, so if that original contract was never executed Right, was then it’s, then it’s not a contract. Right. It’s had, that’s the whole point of the initials. Okay. It’s not, the contract’s not executed until everything is signed by both parties. And because there was one term between the parties that had not been agreed to yet. Right. That term being the exclusions from the contract, that means there was no contract. Okay. So
Staci Garcia:
That was my question really.
Matthew Maschler:
The point, the point of drafting a clean contract is you take that, you take all of those pieces of paper, you throw them away mm-hmm. <affirmative>, now you draft a new contract
Staci Garcia:
With all
Matthew Maschler:
The terms, with all the correct terms, and then you have that, that all initialed and signed. Um, I don’t understand. I’m still trying to understand.
Staci Garcia:
Yes. What happened was the contract, all that was going back and forth at the end was just the addendum. And I was like, wait, the addendum is you added on. Right. You added on the addendum. If they would’ve just signed the first, when I sent it back mm-hmm. <affirmative> and left it on the first page,
Matthew Maschler:
If they would’ve initialed the exclusions,
Staci Garcia:
It would’ve been a complete executed
Matthew Maschler:
Contract. You had put all the ex you, you, you wrote all the exclusions onto the front page. Yep. Mm-hmm. <affirmative>. And you were waiting for the buyer to initial it. To
Staci Garcia:
Initial it mm-hmm. <affirmative>. And they didn’t do
Matthew Maschler:
That. They didn’t do it. Now, this new front page, did it have, didn’t have the exclusions, right? No. Mm-hmm. <affirmative>, that’s why I’m not understanding if it’s a new clean front page that then it’s not signed. That’s
Staci Garcia:
What I’m saying though. It was, it was signed, but how could
Matthew Maschler:
It be signed?
Staci Garcia:
I, I don’t know. It was duplicated and then, then under the exclusions it was gone.
Matthew Maschler:
If it, if they gave you a new contract, a new, a new co, if you, they showed you a new contract and, and it was tampered with, so all the signatures were signed, but the stuff that was in the contract was this, wasn’t there changed. Right. That’s fraud. And I would go after these people’s, like real estate license.
Staci Garcia:
Oh, okay. So, so when I asked for a new contract, I didn’t ask for a new addendum mm-hmm. <affirmative>. Right. And so while this is happening, we had to wait two days because of, uh, Shabbat. Mm-hmm. <affirmative> <laugh>. So this is all happening Yeah. And people are still requesting to see the
Matthew Maschler:
Property. Sure. And you, what, you’re not under contract, you continue to show. Right. You’re obligated to continue to show both, both by the listing agreement and by the MLS rules and by the, and by, by the code of ethics, you continue to show until you have an executed contract. Now, technically even, I don’t know about showings after an executed contract, but offers have to be Yeah. You continue to show until you have an executed contract.
Staci Garcia:
Okay. So now, oh, anyway, so, so fast forward, like to yesterday mm-hmm. <affirmative>, well, no, yesterday, fast forward to Sunday night, I get the, um, addendum signed. Mm-hmm. <affirmative>, I’m now like, okay, well the dates are off.
Matthew Maschler:
Tell me, tell me an example of the dates are off. There’s a date,
Staci Garcia:
Date was supposed to be Friday.
Matthew Maschler:
The date date, the acceptance date. Acceptance date. Besides the acceptance date, were there any other, um, dates that were off? No. Okay. Mm-hmm. <affirmative>, here’s my theory about acceptance dates. Okay? If I write an offer today, we’re, today is Wednesday, March 8th. If I write an offer, and the time for acceptance is Thursday, March 9th, and it is accepted by the buyer on Friday the 10th, if the seller, if the or so, so now the original offer was signed on, on, on Wednesday. The, on Thursday the offer was withdrawn by, on its own terms because the, the time for acceptance has passed. So the offer has been withdrawn. Uh, on Friday, the buyer signs it, the seller could say, Hey, I’m sorry you missed the deadline. This, that offer has expired. We are no longer in contract.
Staci Garcia:
Right.
Matthew Maschler:
If the buyer continues to make that first deposit and then calls you up and says, we want to schedule the appointment for that. We have a show, we’re going to do a showing on Monday mm-hmm. <affirmative>, and you talk to the, uh, seller, and the seller says, okay. Oh, no, no,
Staci Garcia:
This is what we talked about.
Matthew Maschler:
And, and the seller says, okay, to the inspection,
Staci Garcia:
Inspection on Monday,
Matthew Maschler:
Seller says, okay, for the inspection calls, the person into the gate lets these people into their house and lets them do the inspection. Right. Then after the inspection, the buyer says, Hey, we did the inspection. We want a $100 credit for the plumbing, and you draft an addendum and the buyer and sell. The buyer says, you know, buyer and seller agree to a one, uh, seller will provide the buyer $100 credit at closing. The buyer signs it and the seller signs it, and then you move forward to your closing. The idea that the conjure had expired on Thursday, that it was withdrawn by the seller. Right.
That’s something that the seller would use as a defense. Maybe they took a higher offer. Right. If they took a higher on, maybe on Friday, they said to someone else, Hey, listen, you know, we’ll take your offer even though it was $5,000 less. Um, we’ll, we’ll, we’ll take your offer because they thought that this buyer wasn’t accepting. Right. But they continued in the contract and they allowed the inspection to happen, and then they signed the addendum. So what’s gonna happen? They’re gonna, the seller’s going to allege, Hey, the, the, the question always is, do we have a contract? Is this contracted forcible? Right? You, you take it to the judge and you say, Hey, judge, is this contract enforceable? If the seller’s gonna argue that the buyer missed the deadline because maybe they have a higher offer. They want to, they’re trying to wiggle outta the contract.
Right. And the, the buyer’s gonna say, your Honor, we signed the agreement on Friday. If the seller believes that it was withdrawn, why did the seller let us have an inspection? The seller opened the door and let us in for an inspection. The seller signed the addendum. So by all intents and purposes, the seller acted as if we had a contract, we relied on the seller. The seller even signed an addendum. Right. So it’s really, really, really bad faith for the seller to then come and say, there, there, there is no contract. We never had a con That would be the seller’s argument. The seller’s argument would be, we never had a contract. Or if the buyer was trying to get out of it, and the buyer said, Hey, this contract’s deficient, we never had a contract. No. Their actions by the buyer, by arranging the inspection, the seller, by allowing it, and then more importantly, by the buyer and seller signing that addendum mm-hmm. <affirmative>, there’s no way in God’s green earth that a judge or jury is going to say, yeah, you’re right. There was no contract. Right. Right. It’s, there’s an executed contract. Um, you know, it’s, you know, a sneaky person that’s gonna put it in their pocket and say, hee hee hee, he, I can get it outta this contract whenever I want, because technically it expired. That’ll, that’ll never, ever win.
Staci Garcia:
So that was, you said, was that performance,
Matthew Maschler:
Um, acceptance by performance? You, you know, because because you’d argue, I mean, I guess, you know, you’d even argue that on that on Friday when the buyer signed it. Right. The seller accepted that new offer because they, you know, because they, they continued on the contract. It’s just, there’s a contract and the, the neither party’s gonna get out of it on that particular technicality.
Staci Garcia:
Right. So that actually happened to me on Friday. Uhhuh <affirmative> along with the other one where they added an addendum instead of signing Well,
Matthew Maschler:
On the addendum, there was no contract. Right, right now. Right. You don’t have an executed contract.
Staci Garcia:
Well, now I do, but you didn’t. I didn’t. Yeah. So on the other one that was going on, that was happening. So they, um, it was a very, and now I totally respect people that don’t use technology. Mm-hmm. <affirmative> and I, and it’s just harder to work with them, but it’s totally fine with me. And I, and I love older people and I respect them. So, so, and I’ve had clients where I’ve had to print out and bring a pen for them to sign things. And in this situation, that’s the buyer is a person like that. So, um, the agent for that buyer has to go to their house, have them sign and so forth, um, for that property. And it’s takes a little bit longer. So you have to have patience. Not everything is instant, like through the email with electronic signature. And it, it’s, it’s fine with me.
It works as long as there’s good communication. In this situation, I was a little nervous because what you just said, um, we didn’t know what was going on. The person just said, I’ll get an initials. I’ll get, I’ll get his signature as soon as I can. And it just didn’t happen in the time of the acceptance period. So, um, but then I got a, uh, a picture of, uh, <laugh>. I got a few pictures of where the people signed. I didn’t get the actual contract. So that was another question of mine that I asked you if, I know they signed, but I don’t have an emailed contract to me in full, a full executed document. Is it actually executed? Is it a contract?
Matthew Maschler:
Oh,
Staci Garcia:
I had some screenshots. They sent me, uh, pictures of where they signed, but it wasn’t a whole page and it wasn’t a whole document. Mm-hmm. <affirmative>,
Matthew Maschler:
You’re the seller of the buyer.
Staci Garcia:
I’m the seller.
Matthew Maschler:
So the, and that’s why usually the buyer goes first. Right. The buyer makes the offer, the seller accepts it here. Your seller didn’t accept it, they renegotiated it. Right. It went back and forth. The buyer was the last to act. You know, they really had an obligation to deliver you the executed contract. Right. Hey, Stacy, here you go. Here’s the executed contract. So you’re saying that the buyer’s agent never delivered the executed contract to
Staci Garcia:
You? No. What he did though, was he went straight to signature title group, Uhhuh <affirmative>, and made the deposit without me having the executed contract emailed to me. Uhhuh <affirmative>, I only had screenshots of tiny pictures where there were signatures, but not a whole shot of the actual page and not a whole document. So, um, but he did go to Signature. Right. So I was happy because he’s now at a title company that I can talk to, and I, and he went there and made it a, the first deposit mm-hmm. <affirmative>. So in a way, I was a little bit relieved, even though I didn’t actually have a copy of the signed contract. Right. Executed. I just had little screenshots texted to me of where they signed, but not a whole page or a whole document. But Signature received their check and he’s
Matthew Maschler:
And Signature didn’t get a copy of the contract.
Staci Garcia:
N and I was gonna ask signature for a copy of the contract, thinking it would be the most quickest way Right. To actually get the contract back to me. But instead it was like 5 59 and on a Friday, and I didn’t wanna bother with that. Oh. But they did. But, uh, he did send me a receipt of escrow from Signature Uhhuh <affirmative>, and then on Monday at 12 o’clock, I got the, um, receipt of escrow from Signature. But,
Matthew Maschler:
And you, do you still not have a copy
Staci Garcia:
Of contract? No. On Sunday? Uh, no. On Saturday. I said, I do not have all the pages. He’s like, can’t you just print them out and put them in order, <laugh>? And I was like, no, they’re coming through by little pictures on text. They’re not full pages. Uhhuh <affirmative> and I need you to take them, print them if you can’t. Um,
Matthew Maschler:
Did he, did he have his customer sign it in person in, in with Inc. Yes. Yeah. So he needed, he, he, he needs a scanner.
Staci Garcia:
I would’ve met them in because he was coming from Miami. Right. And that’ss, another thing is, when you have an agent that’s not in town, it makes things a hundred times more difficult. If they’re, I
Matthew Maschler:
Could, I could be in
Staci Garcia:
Any town. I
Matthew Maschler:
Could be in Kazakhstan, and you wouldn’t, you wouldn’t even know it.
Staci Garcia:
Well, in this case, the agent is actually driving himself to meet the buyer who’s up in Boca. And he says, well, when I get to my office, I will do that. You know? Mm-hmm. And that to me is I can sit on the side of the road and scan an email, anything in real time. Right. And he has a, an iPhone and I thought he would do that, but he is like, when I get to my office, and it just kept getting longer. So my seller was nervous. He was like, is the, is this really gonna happen?
Matthew Maschler:
Okay. So in the contract time for acceptance, Uhhuh. Yep. Um, it says, if not signed by the Byron Seller and an executed copy delivered to all properties on or before blank date. Right. This offer shall be deemed withdrawn and the deposit, if any, shall be returned to the buyer. Um, and then unless otherwise stated, time for acceptance, uh, shall be within of any counter offer, shall be within two days after the date the counter offer is delivered. So,
Staci Garcia:
So the counter has an automatic default of
Matthew Maschler:
Two days of two, uh, time. An automatic time of a time of acceptance. Right. So, so if they signed on Friday, but then they didn’t deliver the contract to you mm-hmm. <affirmative>, they didn’t, it’s not an executed contract. It’s not an executed contract until everything, we always say everything signed and initialed. Right. And delivered. Right.
Staci Garcia:
That’s
Matthew Maschler:
What I thought. Signed, initialed, and delivered, uh, to all parties and sending it to you. Uhhuh, <affirmative> counts as the seller’s agent. Seller’s agent counts as the seller. So, um, so you,
Staci Garcia:
But they did make the inspection appointment,
Matthew Maschler:
Did the, and the seller approved the inspection.
Staci Garcia:
Yeah, of course. And it happened.
Matthew Maschler:
Yeah. But, um, so what’s your question then?
Staci Garcia:
At the time, my question was, do I have an executed contract? You don’t. And should I continue to show
Matthew Maschler:
You don’t have an executed contract And what you do when you, when you and the other person don’t agree, Uhhuh <affirmative>, if he thinks is an executed contract, and you don’t think there’s an executed contract, that should be the next conversation. Well, it, Hey, great, we’re all signed. Um, we’re all signed. Can we, can we inspect the property tomorrow? Your response isn’t? Sure. Your response is, please send me a copy of the executed contract. I do not have one. Right. Um, assuming, and this all assumes that your seller still wants to be in the deal, right? That the seller’s not trying to get out of the deal. Right. And I’m assuming the seller wants to be in the deal. Right? Right. They wanna be in the deal. They’re excited. Stacy, did the buyer sign? Stacy did the buyer sign? Stacy did the buyer sign. Right? So the fact that of that the deadline passed doesn’t concern me.
Right. What concerns me is getting the executed document, get the executed doc, you know, dear Mr. Mr. Buyer’s agent, I am still waiting for the document. And then if Friday comes and Saturday comes and Sunday comes and Monday comes and you don’t have the executed document, I would say it’s not executed. You can continue to show, right? You can continue to take other offers. Just don’t act as if you have an executed contract. Right. What’s gonna mess you up is if you act as if you have an executed contract, then the other party’s gonna say, we had an executed contract. Right. Because it all goes down to, besides going to the judge, a lot of it goes down to proof. Right? Right. Um, in that landlord tenant, uh, issue that I was talking about the other day, um, the tenant had to give 60 days notice if they wanted to renew the property.
It was, it was actually, no, the renewal was automatic. The tenant had to give 60 days notice if they wanted to get out, if did not want to renew. And verbally, the landlord tenant had spoken that the tenant wanted to be out March 31st. But there’s nothing in writing. So now the landlord’s telling me, well, what if he stays past March 31st? I said, well, and doesn’t pay rent. Well, if he doesn’t pay rent, you could a evict him for not paying rent, but he stays past March 31st and he pays rent. There’s not much you can do because you’re gonna try to evict him, and he is gonna say, I have a lease. Right? And you’re gonna say, well, well, he, he gave us 60 days notice that he’s not, that he’s, that he’s terminating March 31st. And then I’ll say, okay, show me the notice. It was over the phone.
I can’t, you can’t do that. Right? At least show me a message. Right? Most with these notice requirements, you should send an email and make these notices. So if you don’t believe you have an ex executed contract and you wanna keep showing and taking other offers, you have to say, dear Mr. Byer, um, you know, we sent you an offer. It ex the offer had expired. We haven’t heard from you yet. Right now, you’ve protected your seller, although protected him against the contract. Seller wants the contract, dear Mr. Bar, please send me the executed contract. Hey, we wanna do an inspection Sunday, please send me the executed contract. Don’t, don’t, don’t go to the next step. Don’t skip that step. Get the executed contract. Got it. Right. And that’s why once I get that executed contract, then I like to reply to all parties, Hey, thank you.
We are now executed. I look forward to working with you. Here’s some, here’s some dates. Have a great weekend. Right. Because what’ll happen is that not only is that polite and good practice and a good outline, let other people in the office know, and that everybody’s now, everybody knows we’re on the same page. If someone thinks we’re not executed, they would respond to that. Right? Hold on a second, we’re not executed. If you didn’t get the copy of the contract and you get, Hey, Stacy, you know, great, you know, we’re finally executed, you know, great. Look, we’re look forward to working with you. Reply back, hold on a second. I still don’t have a copy of the executed contract. Right. All right. So, you know, you know, do we have a contract? If everyone’s acting as if they have a contract and it’s, well, well past that date, it’s, it’s real bad faith to go back in and say, hi, I got you. Cuz Septically, we missed a deadline. But if they really missed a deadline, like going back to the, to the other question, my other agent, right? The deadline was Friday. If they make their deposit Saturday or Monday and the seller still wants to sell, you move past it. But if they make the deposit Monday and the seller doesn’t wanna sell anymore, hold on a minute. Your de your, your, your deposit was due Friday. You did not make that deposit. I sold this property to someone else. I, you know, you are not under contract immediately.
Staci Garcia:
Right? All right, so another thing is mm-hmm. <affirmative>, and it ki and kind of goes along with the other question, what if they just kind of disappear or ghost or whatever, I hate to say trendy stuff, but if they disappear, so right now,
Matthew Maschler:
The buyer, the buyer ghost too. Yes. You don’t have a
Staci Garcia:
Contract, but I have a contract, but they just disappear.
Matthew Maschler:
Did before making the deposit, after,
Staci Garcia:
Before making the deposit.
Matthew Maschler:
If the, if the date for the deposit comes and go, that was the other question. If the date deposit comes and goes and they didn’t make the deposit, they’re in breach, move on.
Staci Garcia:
Feels like you do a lot of work. A lot of work, right? Mm-hmm. <affirmative> as a buyer’s agent, and I’m a seller’s agent at the moment, but as a buyer’s agent to just let it all fall apart, unless there’s a, a motive,
Matthew Maschler:
Obviously what happens is the buyer goes to them and they’re too embarrassed to tell you the best thing you could do as a buyer’s agent or a seller’s agent. It’s just stay in communication, right? We’re, we are transaction agents here in Florida. We’re supposed to communicate. If your customer sucks, tell me your customer sucks <laugh>, right? When you’re negotiating back and forth and you got a, and, and, and you got, you know, great deal. And then the seller says, okay, listen, we’re, you know, we, we started at 800,000. Your buyer’s get in the house for six 50. But let me tell you something, when it comes to inspections, we’re not going to, um,
Staci Garcia:
Give anything,
Matthew Maschler:
Give anything. I would never say okay to that as the se, right? Because it’s not my authority as the buyer’s agent. Right? Well, well hang on a second, Mr. Seller’s agent, when it comes to inspections, if there’s things we don’t know, seller knows what we don’t know what you’re hiding, seller knows. I don’t know. So yeah, the roof is 20 years old. We know it’s 20 years old. That doesn’t mean it’s leaking, right? Right. So if come inspection day, if there are inspection things that we don’t know, okay, I’m gimme the seller’s disclosure, let me review the seller’s disclosure before we agree to terms. So that’s one thing I I, I would always, as a buyer’s agent, that’s one thing I would always say to the seller’s agent, but the buyer buyer’s so desperate to get the, the money signed. But so many times the seller says, but we’re not doing anything in on an inspection.
It never works. Cause the buyer’s always gonna ask. But, but you gotta, you know, and then so now you sign the contract and you do the inspections. And when the listing agent reminds you, remember, don’t no funny business, sometimes you have to look and say, listen, I don’t even know these people <laugh>, I’ve said that to the listing agent, right? When they, when they really thought we were having a deal on it. I say, listen, I don’t even know these people, right? Right. They came to me on a, on an, on an internet lead. They like the house, they show me the pre-approval. All I could tell you is what they’re telling me. Right. But if they’re full of shit or if they’re gonna ask for a lot in inspection, I, I don’t know that they’re not planning on, on, on pulling something in the inspections. We won’t, you don’t know either. I’m not vouching. So some people say we took the deal because we knew it was you. I’m like, oh, <laugh>. You know, you should have told me that before <laugh>. Cause I’ll tell you, I’ll be honest, man. When it’s a customer that I know. Right. I’ll tell you, listen, this is someone I know and I know they’re serious. If I don’t know them, I’m not gonna save that. Right. I’m not gonna vouch for them. So just because I showed them the house,
Staci Garcia:
You’re like, you’re like Jerry Seinfeld right now. I’m not gonna vouch for them.
Matthew Maschler:
Yeah. Just because I presented you the offer doesn’t mean that they’re me and I know them and I can control that. So, so, so be be very clear. I I have no problem telling the other agent if I have an asshole or an unreasonable customer. Listen, my customer is unreasonable. They got money. Yeah. Right? So you take their money, but you’re, you’re, you’re telling me that, that, you know, you expect them to be on their best behavior. I’m telling you, we gotta watch ’em together. Right.
Staci Garcia:
I actually just did that. Mm-hmm. <affirmative> with, with my client who I adore. But yes, uh, to some degree I don’t want the buyer’s agent on. And this is a, another listing that’s under contract. I don’t want the buyer’s agent to think that she can step all over me or my seller. So I did tell her, we don’t wanna mess up with this seller. We don’t wanna piss him off. Cuz once you piss him off, it is gonna be an ugly transaction and we don’t wanna go there. Uhhuh <affirmative>, we wanna keep the seller as happy as possible. Uh, so let’s not ask too much of my seller. And if anything, I’ll go to bat for you all day long. But as soon as you ask for one thing that I’m gonna tell you right now, he’s not gonna go for, I’m not gonna ask him for it.
Cuz it’ll send the whole transaction into a spiral and I don’t wanna go that direction. And I just did that with the buyer’s agent because she asked for access to the property before closing for almost every single day of the week <laugh>. And I’m like, you can’t, you can’t put my, my seller is just not gonna go for it. You know, I know people like to get there, bring their contractors and all of that sort of thing, but I’m not gonna piss off my own seller for stuff like that. I, I’ll, I’ll, I’ll choose my battle, you know, Uhhuh, <affirmative>. Um, but, uh, so now I just was wondering because the, the other transaction that I was telling you where they made the addendum, they haven’t contacted me for an inspection and I’m just sitting around waiting and I keep texting and asking when is the inspection?
And I haven’t heard a reply or anything. So sometimes I think that other people don’t take it serious. I kind of feel like it’s a race and it’s a race to the finish. And if they’re not in the race with me, then I’ll go find someone else to race. You know what I mean? Uhhuh, <affirmative>. But, um, the other guy did the inspection before I had the contract. This one doesn’t even answer the phone when I wanna know when the inspection’s gonna be so I can schedule it. And now I’m thinking I’m always on a different timeframe than everyone else. And still people. I just got a text just now, people are asking to see the property. If I know that this, um, transaction is not really a transaction, if this deal is not really a deal and the contract’s not, they’re not going forward, I’ll show the property and it will be under contract by the end of the week with someone else.
Mm-hmm. <affirmative>. So I don’t wanna be have an attitude with the buyer’s agent. I just want them to stay on the same timeframe as me. Right. And it’s written, it’s not even like it’s my own personal preference. It’s written on the page. They have seven days. What are they gonna wait for the seventh day? Mm-hmm. <affirmative>, you know. Yep. Plus what they can’t do it Friday and Saturday <laugh> because it’s Shabbat. Right. Right. So have, there’s really only four days in the week for, um, this house. So, um, that’s one of the things that I just, I, I still don’t understand, uh, people that aren’t, um, diligent after they made all the effort on me choosing them. Right. Made all the effort to, uh, to win our, to get basically to win. Because there were multiple offers. I had no problem saying, you know, I haven’t heard from you. I’m gonna go to offer number two. I bet that will get him to text me back in two seconds. You know, unless they actually went out of the offer, which I don’t really want them to. Cause then I have to start all over Uhhuh <affirmative>. But I will.
Matthew Maschler:
Yep.
Staci Garcia:
So.
Matthew Maschler:
Alright. Alright. Well we have to go back to work. <laugh>. We got a lot of deals to do and undo. Apparently we have a lot of deals to undo Right. And do. And properties to list and show and sell. So thank you for joining us on the Real Estate Finder podcast. I hope you enjoyed it as much as we enjoyed, uh, doing it. And if you want to hear more about me before all this information gets, uh, programmed into that little, uh, robot, you could also check out the Matthew Mania podcast. We have our big, uh, Boton Wrestling show, uh, this Sunday, March 12th at Meisner Park. Uh, the next show after that will be May 7th, uh, at a place to be determined and, um, a lot of other interesting events. And that’s the fun about the newsletter. Uh, if you subscribe to the newsletter, email me, Matt at real estate find and I’ll send you a copy and you subscribe to the, uh, real Estate Finder newsletter.
Uh, we will, um, we will, um, you can hear more about all of our fun events that we have planned. Uh, Stacy, I do need for the next newsletter to re uh, redraft the, uh, the podcast portion. Oh, okay. I’ve been running the same article every month. <laugh> <laugh>. Got it. And if anybody, uh, wants to buy or sell a house in Florida, uh, Stacy specializes in homes with no homeowners associations. I had my cousins in from Israel the other day. They were asking me about associations. I didn’t understand it. Uh, so no hoa boca.com is Stacy’s website. Uh, of course she does two houses. Yeah.
Staci Garcia:
Or if you’re looking for a house to be able to commute to the synagogue, I feel like I’ve got the market on
Matthew Maschler:
It. Yeah. Well, uh, that is definitely a popular trend here in Bogar Raton, Florida. Uh, thanks for joining us on the Real Estate Finder podcast.
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