1,027,657
It depends on your state/region's specific contract. In ours, buyers may substitute alternative financing, however, if they wish to retain the protection of the financing contingency, they must have the written permission of the seller, in other words, execute a new financing contingency. Otherwise, if they substitute alternative financing and that financing causes any harm to the seller (increased expense, delayed settlement, etc.) then they are in default.
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Nina Hollander, Broker
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Michael Jacobs
Pasadena, CA
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Michael Setunsky
Woodbridge, VA
3,416,372
NOT AT ALL. The only issue is for the buyer who would probably loose their deposit if they did not get a mortgage.
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Lyn Sims
Schaumburg, IL
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Abby Stiller
Cape Coral, FL
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Nina Hollander, Broker
Charlotte, NC
4,739,209
It likely depends on the terms in the contract. If a buyer can still close the transaction in the agreed time frame and without any additional cost to the seller, the type of loan(s) shouldn't make a difference.
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Lyn Sims
Schaumburg, IL
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Abby Stiller
Cape Coral, FL
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Nina Hollander, Broker
Charlotte, NC
1,870,553
It's done all the time with 100% financing. Why would you if both loans are going to go thru? That's like shooting yourself in the foot & being paranoid.
Might be they are borrowing against something else & getting a new loan for the balance, who cares.
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Susan Haughton
Alexandria, VA
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Pete Xavier
Pacific Palisades, CA
5,167,916
It depends on the terms in your contract. While if there are still qualified it should not matter written permission from the seller may be needed since it is a change in the contract. Talk with your broker.
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Lyn Sims
Schaumburg, IL
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Nina Hollander, Broker
Charlotte, NC
2,249,454
I'm guessing this will be STATE specific ???
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Nina Hollander, Broker
Charlotte, NC
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Michael J. Perry
Lancaster, PA
5,116,842
Doubtful
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Lyn Sims
Schaumburg, IL
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Nina Hollander, Broker
Charlotte, NC
1,466,257
Susan Haughton has the contractual terms that apply to my State.
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Nina Hollander, Broker
Charlotte, NC
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Susan Haughton
Alexandria, VA
5,484,994
Buyer gets the first and the deal is done. Closing may be another problem. Contract language will prevail and could lead to a loss of the earnest money. Time for the seller to get an attorney!
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Abby Stiller
Cape Coral, FL
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Nina Hollander, Broker
Charlotte, NC
1,619,811
The answer is .... ahhhh that's a shame.
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Lyn Sims
Schaumburg, IL
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Nina Hollander, Broker
Charlotte, NC
1,713,581
Check with your teacher and your real estate commission in your state.
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Nina Hollander, Broker
Charlotte, NC
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Michael Jacobs
Pasadena, CA
1,538,744
Check with your state. I have a deal right now where the buyer put conventional on the offer and switched to FHA during the escrow. State's lawyers said "You can't cancel for that, but you don't have to agree to the loan." In other words, we didn't have to sign the FHA seller paperwork, but we couldn't cancel because the loan changed.
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Pete Xavier
Pacific Palisades, CA
5,584,639
this is why we have real estate attorneys... I'm confident I know the correct answer, but I don't wear that hat...
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Pete Xavier
Pacific Palisades, CA
8,153,130
Follow the terms of the contract.
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Nina Hollander, Broker
Charlotte, NC
2,849,062
The whole contract would come to bear...
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Nina Hollander, Broker
Charlotte, NC
5,201,981
922,444
760,042
This depends on the contract being used. In Oregon, our purchase agreement requires that the seller agree to any changes in the terms of the financing of the buyer. If the buyer was not honest in their offer, then this could be terms to terminate.
4,322,035
I do not think so.
The buyer needs to bring the money at the closing table. Period!
3,988,138
I am not an attorney and never give legal advice. Consult an attorney and stay out of trouble.
3,986,473
If the buyer does not close there could be an issue, but no issue if there is not cost to the sellers and they close on time.
4,434,227
2,708,363
Probably not, as long as they get a loan (or loans) and the deal closes. But it depends upon the specific language in the contract. See an Attorney for legal advice.
6,689,449
1,618,024
55,673
As a Mortgage Banker, I can try and answer. Some lenders in order to avoid their borrowers paying Mortgage Insurance,can do an 80/10/10 mortgage. This means 80% First,10% second and 10% down. Many borrowers have no idea about the various types of mortgage programs available,and simply relied on their mortgage professional. As for the LEGAL issue....that's why we have attorneys.
3,430,532
It is a change in terms of the contract. Technically, the contract would need to be modified with an addendum. Most of the time the listing agent and sellers don't know about the change in financing ... until much later in the game.
809,308
Depends on the contract terms. This happens sometimes and as long as it closes and doesn't change anything for he seller (costs, closing date, etc) it's generally not a problem. But, if the seller really wants to know this answer he/she will need to contact a contract attorney and ask this question. -Kasey
823,616
5,313,717