“In Buyer’s Sole Discretion”
Seller has agreed to sell the Property to Buyer for the sum of ($____________ ), which Buyer agrees to pay in the following manner: 1) _____ percent (%) of the sale price in CASH, or more in Buyer’s sole discretion, including earnest money . . . ”
—Lines 38. – 41., standard Minnesota Purchase Agreement.
[Note to Readers: The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced. If you need legal advice, please consult an attorney.]
When the Buyer and Seller strike a deal contingent on the Buyer’s financing, and the home subsequently doesn’t appraise, what happens next?
The Seller may agree to reduce the sales price to the appraised value (or closer).
The Buyer may agree to overshoot the appraised price, and put in more cash.
Or both (the usual resolution).
But, the Buyer doesn’t have to put in more cash, per the “Buyer’s sole discretion” language (above).
Bottom line: if the Buyer and Seller can’t agree on a renegotiated price, the Buyer has the option of walking and getting their earnest money back.
Which is why, if a home doesn’t appraise, in practice the sales price does get reduced.
P.S.: The one, main exception to the above?
In multiple offers, if the Buyer and Seller agree on language requiring the Buyer to put in more money if there’s a shortfall in the appraisal price.