[5-DayForum] harsh reality - Position Clarification

Sat Sep 1 12:17:28 EDT 2007

David,

No.

Don't get involved in any of that stuff with anybody.  Just tell 
everybody the unvarnished truth.  If somebody asks the amount of your 
mortgage, tell them.  (It's all public knowledge anyhow, even if sellers 
don't realize it.)  If they ask if you're really going to sell it to the 
high bidder, explain just why you are going to exactly that.

If you are going to lose money, tell the buyers who ask that you already 
know you are going to lose money, the only thing you don't know is "how 
much" and everybody is going to know that very soon.

Tap dancing is just a distraction.  You are not judgment proof.  Your 
lenders are going to make you pay back every cent, and you know it.  If 
your home is worth less than your mortgage just throw your buyer into 
the same room as your banker and let them work something out.  If they 
can't, then the buyer won't buy, but it won't be because you were not 
prepared to sell to the high bidder.

Then what will you do?  You can either find another buyer and see if the 
bank will take less the second time around, or chip in some money to 
make the first deal go through.  You can't seriously believe you will 
get substantially more in the near term while you continue to pay 
carrying costs.

I was doing publicity in Arizona 4 months ago when half the people I 
spoke with knew there was a problem with home prices and the other half 
insisted things were still selling like gangbusters.  Now I read in the 
newspaper that everyone knows prices are tanking, just like they did in 
Florida, 4 months earlier.

Continue to tap into this Forum from time to time for a current reading 
of housing markets all over the country.  5-Day Sellers know the score 6 
months ahead of the general public whether prices are going up, down, or 
stagnating.  I think you are doing the right thing, and I think you will 
get as much as it is possible to get and lose the least it is possible 
to lose if you follow the 5-Day Method to the letter and get out of your 
situation as soon as you can.

Bill Effros

capndave2k at netscape.net wrote:
> Since I originally posed this question, I've been reading more of what 
> Bill says. 
>
> I should clarify that I personally have no undisclosed reserve.  There 
> are factors that are out of my control (The mortgage and 2nd).  I'm 
> committed to selling on that weekend even though I could potentially 
> loose all of my initial investment.  My view is that the loss will be 
> made up within 18 months by the cash I will keep in my pocket every 
> month. 
>
> So the question is, do I answer the question as I've suggested below?  
> I think I'm being truthful and I'm not holding anything back but I 
> don't want to limit the potential buyer pool by poisioning the bidder 
> pool into thinking that I won't sell the place.  I will! 
>
> David Cron
>
>
>
> -----Original Message-----
> From: capndave2k at netscape.net
> To: 5-dayforum at mailman.howtosellyourhomein5days.com
> Sent: Fri, 31 Aug 2007 12:56 pm
> Subject: Re: [5-DayForum] harsh reality
>
>
> Mark,
>
> I've looked at most of these posts too.  Here's what I plan to do with 
> my sale in Arizona next weekend (9/8-9).  I will advertize exactly as 
> Bill describes in the book because I believe him when he says that 
> modifying the format of the advertising will reduce the price as well 
> as having an "undisclosed reserve" that you tell buyers about. 
>
> Now, that having been said, When I'm asked the question about what is 
> the minimum I will take, my response will be something like the following:
>
> "As long as the high bid will satisy the leinholders and transfer 
> costs, we will sell the property.  I am not in control of the third 
> parties.  That having been said, we put a substantial down payment on 
> this property when it was purchased so there shouldn't be any problem 
> with the high bidder satisfying that requirement.  In the unlikely 
> event that the high bid doesn't satisfy that requirement. I will 
> provide documentation ot the high bidder of the amounts owed and work 
> with them at their option to complete the sale." 
>
> Everything in the foregoing is true.  The house was not purchased on a 
> 100% or even a 90%LTV and I will accept any offer that covers the 
> loans and closing costs.  If the high bid is below the amount owed I 
> have no problem at that time disclosing the amounts (I can document 
> from the statements from the mortgage holders).  This home was 
> purchased in 2006 and I'm expecting to take a capital loss on it,  
> (although I'll be thrilled if that doesn't happen).  I'm not in 
> distress here and the loans are current so I don't expect the mortgage 
> holders to accept a short sale.
>
> Does that work for you ethically?  Bill, what do you think?  Comments 
> anyone?
>
> Thanks in advance for your responses.
>
> David Cron
>
> -----Original Message-----
> From: Mark Conway <sanford5daysale at yahoo.com 
> <mailto:sanford5daysale at yahoo.com>>
> To: 5-Day Forum <5-dayforum at mailman.howtosellyourhomein5days.com 
> <mailto:5-dayforum at mailman.howtosellyourhomein5days.com>>
> Sent: Fri, 31 Aug 2007 6:20 am
> Subject: [5-DayForum] harsh reality
>
> Folks, I'm going to stir the pot a bit with this note. You've been warned.
>  
> The forum has become pretty discouraging reading for me. It seems 
> common for people to run 5-Day Sales with an undisclosed reserve, 
> a bidding threshold below which they will not sell their home. In and 
> of itself, I don't see this as a problem. It's the real world. 
> Homeowners have mortgages for which the banks hold them financially 
> responsible. What I find disturbing is when I see a 5-Day Seller 
> making a conscious decision not to inform prospective buyers of the 
> existence of the undisclosed reserve at the outset. It's a deceptive 
> practice. It's misleading to bidders who believe their bids are taken 
> seriously, not conditionally, by the seller.
>  
> Sure, many 5-Day Sellers list a rule that says that bids aren't 
> binding on the buyer or seller until a contract is signed. It's a 
> comfortable escape clause that, as much as anything, can be a platform 
> for negotiation. As much discussion as there is about this issue, 
> however, that rule ought to be in over-sized type, bold, underlined 
> and listed as the very first rule on the Bidding Rules document so 
> bidders fully understand how seriously the seller takes this 
> provision. List the rule that way and see what kind of questions it 
> prompts from potential bidders. It's better that discussion happens 
> before and not after bidding.
>  
> Clearly stating the minimum bid that will be accepted is one approach 
> that has been mentioned in the Forum. That seems straightforwardly 
> honest to me. Phrases like "Highest/Best Bidder" and "Best Reasonable 
> Offer" are just seller's weasel words used to ease the seller's 
> conscience and reduce his or her anxiety while still concealing the 
> complete truth from prospective buyers.
>  
> When a seller has a "hidden" undisclosed reserve and a prospective 
> buyer comes to inspect a 5-Day Seller's home and asks the seller, 
> "What's the minimum amount you'll take for your home?", the seller's 
> answer will be indicative of his or her character. One answer could 
> be, "I can't tell you what the reserve is." That's evasive but 
> truthful. Denying the existence of the undisclosed reserve at that 
> point would be lying. Period. Rationalization doesn't change that.
>  
> There's a fair amount of talk on the Forum about having to make that 
> difficult phone call after the round-robin bidding is over to tell the 
> highest bidder that the seller is reneging on the commitment to sell 
> the home to the highest bidder. That phone call is difficult because 
> the seller has been disingenuous with the bidders. That's a seller's 
> conscience kicking in, albeit too late.
>  
> 5-Day Sellers who want their bidders and prospective buyers to treat 
> them with integrity should be modeling that behavior themselves. What 
> goes around, comes around. If a 5-Day Seller is not truly prepared to 
> take the highest bid, then they should NEVER make that claim.
>  
> Here's to 5-Day Sales run in a manner that respects the integrity 
> of buyers and sellers.
>  
> Mark Conway
>  
>  
>
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