VOL. 47 | NO. 46 | Friday, November 10, 2023
Options limited when good real estate deal goes bad
Jean Harrison is an attorney who has found a much-needed niche in a field that will always provide opportunities for her practice: She sues homebuilders, and her winning record would rival the late Bobby Knight, a name chosen for comparison as she shares his personality and vocabulary.
She is knowledgeable, brilliant and can be mean as hell. In one case, the attorney for the other side called his client and shared: “She left off the part about the horse you rode in on, but that’s about it.” They dropped the case.
In many cases, she has the builders buy the home back from the disgruntled buyers. If they refuse to the buyback offer, she has the owner sell the house and sues for damages. She usually wins, and her work is lauded by clients and even judges.
On a case she handled, the settlement was reached, and the builder was to purchase the faulty house he had sold. The builder-turned-buyer then failed to appear. That was not wise.
Unfortunately for sellers, this situation is becoming more and more prevalent, especially with the abundance of buyers who are relocating here from outside the area. In many situations, they have not visited the property in person.
If there is a standard inspection contingency, the buyer might choose to terminate for the most frivolous of reasons. But it must happen during the inspection period. Financing contingencies can be open all the way to closing, even though there are pre-qualification letters, assurances from lenders and Realtors throughout the process.
In some cases in which the loan falls through, it can be due to the buyer taking on more debt after the loan application, which is legitimate. The lender is helpless when there is buyer error involved.
Due to the increasingly large number of terminations after inspections, lenders often wait until after the inspection repairs are completed to order the appraisals. Appraisal contingencies can be grounds for termination.
With the softening of the market, the contracts are laden with more contingencies, those being inspection and appraisal financing. Now, due diligence has crept into the picture. Due diligence is the most buyer-friendly and allows the buyer to terminate for any reason.
Let the seller beware.
Sale of the Week
Bancroft is a cozy, gated community off Hillsboro Road near Tyne Boulevard. The list of past and present property owners include former NFL and Vanderbilt quarterback Jay Cutler and his wife at the time, Kristin Cavallari, as well as another Vandy alum, Cy Young Award-winning pitcher David Price.
There’s also former Titan Eric Decker and his wife, recording artist Jesse James, along with Keith Urban and his superstar wife, Nicole Kidman. And there is well-known singer/songwriter Kix Brooks, who has been known to wander the streets of Bancroft.
On the business side of Music Row, wildly successful executive Narvel Blackstock is said to have owned a home within the gates of the luxury neighborhood set among rolling hills with forestry that provides privacy for its residents.
22 Bancroft Pl
Last week, 22 Bancroft Place changed hands for $4.825 million, a respectable but not-exorbitant $422 per square foot. However, when there are 12,293 square feet, which allows the money to be spread over a rather large area.
The house includes six bedrooms, six full bathrooms and two half bathrooms and rests comfortably atop 2.63 acres. Listing agent Laura Stroud and partner Lisa Fernandez Wilson, both of French King Fine Properties, have deep ties to the music industry, as both are spouses of legendary music biz execs.
They described the property as “newly renovated and incredible private” and noted the improvements include “world class finishes.”
s mentioned, Bancroft caters to entertainment owners, and it is no surprise to find a swimming pool and a state-of-the-art theater and audio/ visual rooms. Of course, the billiard room is a required feature and included.
Betsy Peebles, who is no stranger to celebrity clients, represented the buyer. Peebles, who is with Pilkerton, now a Village/Parks company, declined a request to identify the buyer except to say that she is relocating from Louisiana.
The Stroud/Wilson team listed the house for $5.2 million, and Peebles and her client were able to negotiate the price down $375,000. The property went under contract 26 days after being listed.
Weep not for the sellers, who paid $2.5 million for the manse in 2019. Renovations are neither inexpensive nor fun these days, so they earned their profit.
Richard Courtney is a licensed real estate broker with Fridrich & Clark Realty and can be reached at [email protected].