Multifamily Investing Podcast  with Multifamily Attorney Charles Dobens 

#259: A Cautionary Tale and Legal Insights on the Pitfalls of Real Estate Auctions

podcast Feb 13, 2024

Charles Dobens discusses the prevalence of auctions in real estate, particularly focusing on the auctioning of hotels for potential multifamily conversions. He shares a personal experience of almost participating in an auction but ultimately deciding against it due to the property's condition and unfavorable contract terms. The key warning revolves around understanding the risks involved in auction contracts, specifically the events of default and remedies of default. Charles emphasizes the importance of grasping the difference between legal and equitable remedies, cautioning against potential pitfalls in auction contracts that may lead to unforeseen liabilities.

Additionally, this episode highlights a specific case where a property had a demolition order, underscoring the need for careful consideration before entering into auction agreements. The overall message encourages individuals to be cautious and informed when dealing with auction contracts in real estate transactions.

 

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A Cautionary Tale and Legal Insights on the Pitfalls of Real Estate Auctions

In this insightful discussion, Charles Dobens shares his experiences and lessons learned from engaging in property auctions, particularly emphasizing the complexities and risks associated with the auction process. Drawing from a recent case involving a potential property acquisition, he highlights crucial aspects such as the importance of thoroughly understanding auction contracts, specifically focusing on events of default and remedies of default.

Charles narrates a scenario where they almost participated in an auction but decided against it after a walkthrough revealed undisclosed issues with the property. Key points of concern revolve around the auctioneer's use of the initial offer as a starting point for bids, potentially setting a higher floor than the property's actual value.

Charles provides a cautionary perspective on the pitfalls of auction contracts, emphasizing the need to scrutinize the language regarding default events and associated remedies.

Furthermore, he outlines a critical clause in the contract that warrants attention—the seller's ability to pursue equitable remedies beyond mere liquidated damages. This includes the potential enforcement of specific performance, forcing the buyer to fulfill the purchase contract, even against their will. Charles advises vigilance when dealing with auction contracts, urging individuals to be aware of the legal and equitable implications.

Towards the end, the discussion delves into an additional complication involving a demolition order on the property. Charles underscores the challenges of dealing with such situations and the necessity of swift legal action, emphasizing the importance of having a thorough understanding of the potential risks before engaging in property auctions. Overall, this episode serves as a valuable cautionary tale and educational resource for those navigating the intricate landscape of property auctions, offering insights into the nuances of auction contracts and the potential legal implications buyers may face.

Check out Charles' MultifamilyOS™ Business Builder Program HERE

 

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