Short Sales

From a procedural perspective, when examining distressed properties, or what many refer to as "foreclosures", the first opportunity to arise is the short sale. A short sale is when a seller cannot expect to sell at a reasonable price without being left with a deficit once all costs associated with the sale are paid. Thus, the property is marketed with the intent to negotiate down the debt once an offer has beeen accepted. This means a sale will be "subject to third party approval". In my opinion, this is the most flawed process of the three opportunities (short sales, foreclosure auctions and bank owned) presented by distressed properties. However, there is upside with respect to due diligence.

(For purposes of this discussion, I will assume only one third party exists, but keep in mind there can be several and all must agree to release their security interests and accept less than the amount to which they are entitled.)

In the vast majority of instances, the third party has given no indication as to the amount they are prepared to accept for payment. Moreover, offers are accepted contingent upon third party approval. With that said, a buyer can offer over the asking price and have the offer accepted, only to be informed at a later date that the third party is unwilling to consent to the sale. From a timing perspective, most third parties take, at minimum, 60 to 90 days to respond, during which time a prospective buyer is left in limbo.

The benefit of a third party sale - as opposed to auctions and bank owned sales - is that a buyer generally has the same due diligence opportunities as a buyer would have in a traditional sale. By due diligence, I mean thorough walk-throughs (including inspections), as well as gathering of the seller's first-hand knowledge relating to the property through conversations with the seller and/or the seller's agent. Written seller's disclosures may also be available which inform a buyer as to what the seller knows about the property condition (roof, heating, electric, foundation, etc.).

To summarize, the short sale process presents a great value purchasing opportunity with minimal risk. It is most suited for investors, or home buyers with no time constraints. Any buyer who is purchasing a home to live in and needs to meet a definitive timeline should avoid short sales at all costs.