Can't get rid of realtor!!
I posted on here before about my experiences making an offer with the listing realtor of a house I liked. The sellers countered at $2,000 above our offer and I did not sign off on it because I found out that both banks I'd been preapproved through would not finance the property at the % of financing I was looking for. So I never countered or accepted their counter which means the deal is dead, contract is not valid. They would have to sign off on my original offer for the contract to be valid. I gave the realtor a check for 1% of the purchase price which was not to be cashed unless my offer was accepted. The contract does state if my offer is not accepted the check is returned to me (but does not give a time limit- my mistake!).
The sellers had three days to reply to my offer and they replied 2 hours later with a counter of the $2,000 less. I found out shortly after about the problems with the financing and my contract states if I can not obtain 95% financing at less than X% the contract is void. Well it shouldn't even have gotten to that point because I NEVER received the seller's counter offer in writing (realtor told me over the phone) and I never agreed to the counter offer anyway. I advised the selling realtor I could not obtain financing and did not wish to counter again or accept their counter offer.
Since then I've called and emailed her asking if she will please mail me my check back or should I pick it up (her office is about an hour away so I prefer she mail it). She calls or emails me EVERY single day with new idea on how to finance this property. She suggested my fiance be added to the loan (he has bad credit so I'm not doing that and even if he had great credit I wouldn't do that unless we were married already) She suggested I borrow money from my parents (can't do this either), she suggested that I could take the 90% financing the bank is offering and the sellers could pay my closing costs (basically I finance my closing costs in the loan by offering that much more) but again when I have to raise the price by that much I still can not quite afford the 10% down payment comfortably. This is a house being sold as is that needs some repairs so I want to have some cash left to do any repairs.
She has suggested a lease to own (not really interested as she said the sellers need at least $6,000 down for this option and lease to own just makes me nervous. And finally after I told her for about the tenth time that I'm not able to buy the home and that maybe if it is still on the market in three or four months (time it would take me to save the extra amount needed to make a 10% downpayment if I save very aggressively) that I might make an offer at that time but right now its not possible. I probably should not have said that. I sincerly hope the sellers find a buyer before three months but the house has been on the market exactly a year today. '
This listing realtor told me the home was transfering to her friend's real estate agency as she is retiring soon. Now she contacts me today (via email) and tells me "I will see if she'll continue the listing with us for a few more months if you think it will be that soon for sure so her commission expenses with another realtor will not go higher so she can still make the same offer to you."
I called her and emailed her and told her thanks for all her assitance but there is no possible way that I can know that I will have saved the money in that time or even if I'd still be interested in the house. I am still house hunting and am not in love with the house I made an offer on anyway. It was just the best of what I've seen. I DO NOT want her to convince the sellers to let her have the listing longer (she is flat fee, other realtor is commission) I just want my check back. what should I do?!