Can we counter offer on a bank's short sale offer?

Profile picture for metoo4
We offered $1k over list for a short sale, the seller accepted and sent it to the bank. Now the bank wants $21k more than our offer. Our realtor says we can't counter this offer, we have to take it or leave it. The house has 2 liens both with the same bank. They are wanting about $19k more than other actual foreclosures in the subdivision that are just like this one that they had the loans on. Our realtor did think that the bank came back with a high number compared to surrounding houses. She thought the bank would have approved the contract. I don't understand why she wont let us counter offer. A few weeks ago she said the bank come back with a few minor things on closing stuff and we should know in a day or 2. Then weeks later the bank we finally hear the bank comes back with $19k more on the price.
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February 09 2010 - US
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Answers (8)

Profile picture for sarahalex
I counter offer the bank on a shortsale offer.  Will let you know tomorrow  when they should make a decision after 3 months of waiting.
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February 09 2010
The lender, the bank, did not set the asking price, the seller did. So after the seller accepted the bank declared they want more. Think about it... Although the seller is happy the bank wants a bigger slice, they are only willing to eat so much.

The seller essentialy has no interest in the sale price. They will walk away with nothing, perhaps some debt. One can always counter but remember the bank is eating part of the loan and not too keen on eating more. Your agent is probably speaking practically. You can counter but there is slim to no chance of it's acceptance by the bank.

Here is an directory to articles explaining short sales & foreclosures. It is part of an excellent real estate reference that you'll use over and again - bookmark it.

Whenever you've a question ask your agent then listen carefully. Expect an explanation as to why no counter - that's what agents are for. Perhaps this particular transaction won't work but keep at it, the market is still working for you.

 

 

 

 
 


 
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February 09 2010
Profile picture for SusannaKunkel
Aloha,
As stated by the other agents, of course you can counter.  But first let me say congratulations!  If you've gotten to this point on a short sale, you've exercised some patience and diligence.

Whether buying a short sale or an REO, it's fine to counter a lender.  However, when negotiating it's always good to try to put yourself in the other party's shoes.  In this case, it's a bank representative in a cubicle or office looking at numbers - appraisals and offers.  Their value is probably based on an appraisal, which may be higher than what you feel market value is.  A good way to counter is to include data to support your offer, such as a repair report with estimates covering the difference, additional market comparables.  Something to "talk" to a lender in their language - numbers.  For the bank, it's not an emotional process.

As suggested, it's good to work with a buyers agent who is familiar with short sales.  If you'd like a referral for your area, please [content removed by moderator] or you can find an short sale specialist close to home at [content removed by moderator]. 

Good luck!
With warm aloha,
Susanna "Susie" Kunkel, RA
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February 09 2010
Profile picture for SusannaKunkel
Aloha,
As the other agents here have discussed, when negotiating with a lender you can always counter.  The lender is probably basing their price on an appraisal, which may be higher than you feel the market value is.  What helps when negotiating is to put yourself in the other party's shoes...if it's a banker sitting in an office somewhere just looking at paperwork - offers, appraisals - it's not an emotional process, it's just numbers.

So if you can provide a reason for your counter that might make sense to the bank's representative, it's much more likely to be accepted - such as repair estimates for work needed, etc.

It's probably too late now, but as suggested, it's good to have a buyers agent who is knowledgeable about short sales.  You can find one in your area at [content removed by moderator]. or I'm happy to help with a referral.

Good luck, and hang in there!
Susanna Kunkel, RA, CDPE
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February 09 2010
Profile picture for Parafly
You can certainly counter. It might mean they say no, but that's the art of negotiation!
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February 09 2010
Profile picture for wetdawgs
Of course you can counter.   Of course, it may take another three or six months.

Assuming you wish to finance the place, the appraisal must be in line with your offer so if you overbid you may be in trouble at financing time.
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February 09 2010
Profile picture for NVA Realtor
You can always counter offer any offer! It's a negotiation process that is a gamble on both sides. There are so many variables in any negotiation. Does the Bank have other offers? How long has the property been on the market? Is it a big National Bank or a local Regional Bank? So many questions and potential answers. This is why it's best to have a "buyers agent" representing you in the negotiation process. Realtors are trained and have the experience needed to handle this type of transaction. We do this 365 days a year! Good luck and hang in there...you never know in a negotiation!
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February 09 2010
The bank is really in the drivers seat on a deal like this.  If they say they want $19k more, it's going to be difficult to move them out of that position, because that means they feel they could get more at foreclosure than you are offering.

Can you counter?  I don't see why not - but it's generally tough to move a bank unless you wait a good period of time and it hasn't sold for anything higher.
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February 09 2010
 

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