Went to the meeting this morning with Jessica and the agent. I went there in place of her father since he had garage doors to install and couldn't get away.
We walk into a conference room and the agent has papers outling the final numbers. At first glance they are confusing becuase it shows "debits" and "credits", very easy to hide things. None the less, I let the agent run the numbers down with Jess. The agent does exactly what I predicted. She tried to explain to Jess how her $500 earnest money was a "credit" to the closing costs. Sure looks good on paper but when the agent got down to the final dollar fiqure to close it was magically $500 high. I explained to the agent that the $500 in earnest money was never meant to pay down closing costs, it was a downpayment. She tried the "credit" line on me. I firmly told her that in no way will Jess's earnest money go to the sellers closing costs. She took it out of the "closing costs" and now Jess has her $500 for her down payment once again.
Then I went on to explain to her that unless the seller is willing to give up the remaining balance of the closing costs as a concession we would no longer have a deal. I also offered up the option for Jess to switch to a FHA loan which would delay the deal, make the seller pay another mortgage payment and in the end, she will be paying all of the closing costs. So, we left it up to them. Either give up $800 now or wait a month and give up atleast another $2,000(mortgage payment & up to 6% of closing costs).
The agent was trying to press Jessica with emotions, telling her about the sellers situation and how the seller "feels". I quickly put a stop to that shenanagins by telling the agent this is a business transaction, not a day time soap opera. The only factor in this equation was the dollar, period. At this point, we told her we took no ones feelings into play when coming up with our solution and ultimately our non-negotiable offer.
I also brought up that we thought we were dealing with three "professionals" and how between them they believe Jessica should be the one to pay for their mistake. Naturally she agreed with me and apologized, which made Jess happy since that is the first time the agent took responsiblity for the error. I said to the agent, "we all make honest mistakes, and if this was a honest mistake that is fine. The only thing that matters is how you fix the mistake, which will define your character" which means, pay for your mistake!
Back to when we first walked in, she says to me "well I didn't know you were coming" so I explained her father sent his condolences and I was asked to take his place. When we left, she thanked me for coming which is bullshit because but not for me, she would have pulled the wool over on Jessica and never thought twice.
So, in the end we ammended the contract to a purchase price of $122,200 which will pickup the remaining $800 of the closing costs AND that Jess will not be closing until she can take posession of the home. Now we play the waiting game.
Jess's lawyer was also updated after the meeting and his response was, if they come back with no deal then he will call them and "explain to them how it will all end" :rofl: I love the confidence when one is right, and Jess is right in this situation. In my opinion, the seller is truely unreasonable if she turns this offer down.