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Do I have any chance of getting this house?

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Montezumasdaddy

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello,

My Wife and I are looking to purchase a new home we recently found in a real estate listing. When I called the real estate agent I was told that it is a foreclosure and 2 banks had liens on it and that currently one of the banks had just accepted an offer from another buyer. I said �that�s too bad we were really hoping to be able to make an offer on this house�. He told me that only one bank had accepted the offer and that it required both banks acceptance before a sale can be finalized and he encouraged my Wife and I to make an offer. We looked at the house and made an offer and turned it in and the agent thought that our offer was very attractive and thought we had a real good chance of getting the house. Well, a few weeks have gone by and I talked to the agent yesterday and he tells me that right now it doesn�t look good for us. Because one of the banks accepted the buyers offer he is basically locked in because he was informed by that bank that his offer was accepted. I was told at the beginning of this that both banks would need to accept before it can be considered an accepted offer. I asked him what if the other bank doesn�t accept and he said he doesn�t think they have a choice. I told him I was willing to pay the advertised asking price and he said it still doesn�t matter because of the accepted offer from the one bank. According to him the only way I have a chance at the house now is if the buyer decides to back out for some reason. Does this sound right? Is there anything I can do other than just hope this other buyer backs out? Thanks for any help and advice. By the way, I�m in Wisconsin.
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Wisconsin

Hello,

My Wife and I are looking to purchase a new home we recently found in a real estate listing. When I called the real estate agent I was told that it is a foreclosure and 2 banks had liens on it and that currently one of the banks had just accepted an offer from another buyer. I said �that�s too bad we were really hoping to be able to make an offer on this house�. He told me that only one bank had accepted the offer and that it required both banks acceptance before a sale can be finalized and he encouraged my Wife and I to make an offer. We looked at the house and made an offer and turned it in and the agent thought that our offer was very attractive and thought we had a real good chance of getting the house. Well, a few weeks have gone by and I talked to the agent yesterday and he tells me that right now it doesn�t look good for us. Because one of the banks accepted the buyers offer he is basically locked in because he was informed by that bank that his offer was accepted. I was told at the beginning of this that both banks would need to accept before it can be considered an accepted offer. I asked him what if the other bank doesn�t accept and he said he doesn�t think they have a choice. I told him I was willing to pay the advertised asking price and he said it still doesn�t matter because of the accepted offer from the one bank. According to him the only way I have a chance at the house now is if the buyer decides to back out for some reason. Does this sound right? Is there anything I can do other than just hope this other buyer backs out? Thanks for any help and advice. By the way, I�m in Wisconsin.
Look for another house. :cool:
 

Mass_Shyster

Senior Member
You can offer the other buyer some amount to assign his rights under the contract to you.

Unfortunately, nobody has a duty to disclose the other buyer to you, and the agent has no duty to relay your offer to the other buyer.
 

Mass_Shyster

Senior Member
Thanks for the replies so far. So basically I could offer the other buyer money in exchange for him backing out of the deal?
No, he cannot backout of the deal without breaching his contract.

But....

Contracts are freely assignable. He can sell you HIS position in the deal, unless the contract specifically prohibits that. If it does, you can buy the property from him, but that is more costly.
 

Montezumasdaddy

Junior Member
No, he cannot backout of the deal without breaching his contract.

But....

Contracts are freely assignable. He can sell you HIS position in the deal, unless the contract specifically prohibits that. If it does, you can buy the property from him, but that is more costly. .
Got it. Thank you very much.
 

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