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Old 06-28-2011, 02:02 PM
 
Location: Kingwood/Porter
262 posts, read 650,067 times
Reputation: 224

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I just sold my house, and part of what I had to sign was a paper that basically made me swear that I hadn't given the buyer any money that was not listed in the closing documentation (for example, we paid some of their closing costs). The closing agent made it clear and asked directly, "Did you give the buyers any money directly? Or any gifts? Are you leaving anything of value in te house for the buyer?"
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Old 06-29-2011, 02:37 PM
 
Location: Baltimore
1,758 posts, read 5,136,194 times
Reputation: 1201
She is trying to find ways to circumvent laws and asking how to do so on a public board. What licensee is really going to risk having their license revoked because they advocated she "employ the buyer as a contractor to clean my garage for $20000" to complete a sale? What other advice would you really expect to receive?

Last edited by Marka; 07-03-2011 at 01:07 AM..
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Old 06-29-2011, 02:37 PM
 
Location: Simmering in DFW
6,952 posts, read 22,679,222 times
Reputation: 7297
Quote:
Originally Posted by westsideteacher View Post
I just sold my house, and part of what I had to sign was a paper that basically made me swear that I hadn't given the buyer any money that was not listed in the closing documentation (for example, we paid some of their closing costs). The closing agent made it clear and asked directly, "Did you give the buyers any money directly? Or any gifts? Are you leaving anything of value in te house for the buyer?"
Just because you were given a document to sign stating you didn't provide funds to your buyer doesn't mean you were not permitted to do so. I once did provide funds and was presented a confirmation document. The lender wanted to be sure the funds were not a loan that would have to be paid back and thereby increasing the borrower's debt obligations. I don't think these things are forbidden, the lender just needs to make sure the borrower doesn't have financial obligations that inhibit the lending/income/dept ratio that they require.
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Old 06-29-2011, 03:46 PM
 
Location: Boise, ID
8,046 posts, read 28,464,975 times
Reputation: 9470
Quote:
Originally Posted by davecj View Post
She is trying to find ways to circumvent laws and asking how to do so on a public board. What licensee is really going to risk having their license revoked because they advocated she "employ the buyer as a contractor to clean my garage for $20000" to complete a sale? What other advice would you really expect to receive?
That is not what the OP is doing at all. If you read their post, they asked in all caps if there was a LEGAL WAY to do what they were asking. Not how to get around the laws. Not everyone is a lawyer and knows exactly what all the laws say. Sometimes there is a perfectly legal way to do what you want to do, that the common person doesn't know if they don't ask.

Last edited by Marka; 07-03-2011 at 01:08 AM..
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Old 06-29-2011, 03:51 PM
 
Location: Boise, ID
8,046 posts, read 28,464,975 times
Reputation: 9470
For example on this question. I believe it is legal to give anyone money at any time. If I wanted to give someone money, I could walk up to them and hand them cash or a check, or whatever. However, there might be tax penalties for doing this. That doesn't make it illegal. However, a buyer wouldn't be able to use that money to get a mortgage, unless it was much later.

The question needs to be "Legal way to give a buyer money they can use for a down payment".

I can't think of anything right off for that, but a thought is that sellers often pay some or all of a buyer's closing costs. Points can be a closing cost. Could you pay a point or two to buy down their loan, thus making their payment less, perhaps allowing them to qualify for more?
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Old 06-29-2011, 08:29 PM
 
Location: El Dorado Hills, CA
3,720 posts, read 9,994,639 times
Reputation: 3927
ALL exchanges of money for a house must be on the HUD form. If not, it's illegal and the agent could lose their license or worse.

Lenders limit how much credit can be given by the seller to the buyer for a reason.

Keep it legal, keep it ethical.
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Old 06-30-2011, 07:05 AM
 
Location: Bar Harbor, ME
1,920 posts, read 4,319,184 times
Reputation: 1300
I assumed that there was no way to legally reinforce a contract by offering the buyer money or property to buy. However, this is a common circumvented practice in many other areas of the business world. Sometimes they call it bribes, which is clearly illegal. Other times they call it finder's fees and all kinds of other ways to get around the law.

The comment about the 20,000K to do the garage cleaning was humor. I'm sorry that the supposed real estate agent could not see the sarcasm, but to make insulting remarks when you disagree with someone is certainly not in good taste nor is it germaine to an otherwise very civil forum.
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Old 06-30-2011, 07:41 AM
 
Location: Charlotte, NC dreaming of other places
983 posts, read 2,540,741 times
Reputation: 791
Quote:
Originally Posted by Zarathu View Post
The comment about the 20,000K to do the garage cleaning was humor. I'm sorry that the supposed real estate agent could not see the sarcasm, but to make insulting remarks when you disagree with someone is certainly not in good taste nor is it germaine to an otherwise very civil forum.
Yeah and you wonder why most people don't trust or think highly of Real Estate folks, if I was living close enough to this poster I would have searched for him and reported him to his board. Living on commission is a tough life but insulting people, even if they are really idiots, is not going to gain him any business. Good luck with the sale of your home.
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Old 06-30-2011, 07:41 AM
 
Location: Bar Harbor, ME
1,920 posts, read 4,319,184 times
Reputation: 1300
Quote:
Originally Posted by Lacerta View Post
For example on this question. I believe it is legal to give anyone money at any time. If I wanted to give someone money, I could walk up to them and hand them cash or a check, or whatever. However, there might be tax penalties for doing this. That doesn't make it illegal. However, a buyer wouldn't be able to use that money to get a mortgage, unless it was much later.

The question needs to be "Legal way to give a buyer money they can use for a down payment".

I can't think of anything right off for that, but a thought is that sellers often pay some or all of a buyer's closing costs. Points can be a closing cost. Could you pay a point or two to buy down their loan, thus making their payment less, perhaps allowing them to qualify for more?
We have already offered that publicly. We have also offered to add specific big ticket items to the house after the sale in an escrow account. I know that brokers locally have offered to pay for the first 6 months of the mortgage by putting the money up in escrow---perfectly legally.

So there really are legal ways to give the buyer money.
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Old 06-30-2011, 08:33 AM
 
Location: Columbia, SC
10,966 posts, read 21,972,507 times
Reputation: 10659
Quote:
Originally Posted by Zarathu View Post
We have already offered that publicly. We have also offered to add specific big ticket items to the house after the sale in an escrow account. I know that brokers locally have offered to pay for the first 6 months of the mortgage by putting the money up in escrow---perfectly legally.

So there really are legal ways to give the buyer money.
Most states allow rebates through the RE companies. Lenders don't allow the seller to give the buyer down payments though.
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