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I have been negotiating a short sale on a Florida condo with Konduar Capital and they have been pretty wonderful through the whole process - UNTIL..... we got down to the second lien holder who won't play ball - even though the foreclosure sale is coming up next week. The negotiator who is handling everything at Kondaur has advised that the buyer should go down to the court and just purchase at our agreed price in the contract. We have been informed what has and has not been paid and what fees will be covered by Kondaur & what the buyers will have to pay....

Now of course, from the title search we know there are HOA fees due (I am told the MAX they can get is 6 months worth? is that true??) and there may also an outstanding assessment for $3000. The buyer wants to lower their offer by that amount and is then willing to buy at the sale.

Now here's the trick - We have an email from Kondaur that they are willing to pay commissions - but not anything signed by them..... Now I'm just wondering if they will try to subtract out what the buyer doesn't pay from the realtors??... or if there is any guarantee they will pay us at all.... The other agent and I are kinda' thinking it would be a whole lot easier if we take a risk that no one else will buy it at the sale (I would say it would be a remote chance - but the price they want doesn't make this condo a super deal so we doubt it) If we take the risk & no one else buys it - Kondaur will get it back and we can resume negotiations with them and our buyer.... I just don't know how to advise every one - I don't really want to be in a "come to find out" position! Any advice???