Seller assist. This is a regular query for folks visiting Title Insurance Talk.

by Diane Cipa on May 18, 2008

seller-assist-this-is-a-regular-query-for-folks-visiting-title-insurance-talk

Here’s my advice to sellers and buyers considering a seller assist as part of their transaction.  I used the seller assist tool in my first sales contract as a very young real estate agent.  It was a VA mortgage.  I hand wrote the contract and I remember crying when an older agent in the office said it would never go through.  It did.  It’s a good financing tool.

The benefit is clear. A seller willing to help a potential buyer who is cash poor has a better chance of selling their house.

Here’s how it works. Let’s say the property is listed at $150,000 and the buyer having looked at the property wants to offer $142,000, but because the buyer also wants the seller to assist financially, the buyer raises the offer by the amount of the assistance to $149,000 and puts a clause into the agreement such as “Seller agrees to pay up to $7000 towards buyer costs as determined by mortgage lender.”

There are three key points to remember when dealing with a seller assist.

  1. Don’t artificially raise the sale price beyond fair market. If you start at the list price and add a seller assist on top of that then you’ll likely have a problem with the appraisal.
  2. Mortgage lenders will only permit the seller to pay up to the actual closing costs. Be careful to NOT over estimate the costs. You’ll end up paying a higher price for the house than necessary.
  3. Each mortgage program has a specific guideline setting a cap on the seller assist. Ask the loan officer for the cap in writing up-front. The cap is off the radar of way too many loan officers and I’ve seen many buyers horrified when at the last minute a mortgage underwriter caps the seller assist at a figure much lower than the amount in the agreement of sale. Confirming the cap early in the transaction will allow you to have realistic expectations.

So, used properly, seller assists are a really good tool for getting more people into more homes.

Oh, and one more thought. The real sale price is the sale price with the seller assist added. Don’t allow either party to be confused. The seller should understand that the gross sale price is the higher figure and they should show their tax preparer the HUD-1 Settlement Statement to document the amount of costs paid on behalf of the buyer to cover any tax concerns.

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About the Author: Diane Cipa

Hi, my name is Diane Cipa and I'm the General Manager of The Closing Specialists®. I have over 30 years of experience in the real estate industry including real estate sales, mortgage lending, and title insurance. Yes, criminy, that's a damn long time. blogs: Title Insurance Talk; Ligonier Living web site: www.chooseandsave.com I love free speech and I absolutely love to have an open exchange of ideas whether we agree or disagree, I hope you'll speak up. sun in capricorn moon in aries mars in scorpio

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{ 4 comments… read them below or add one }

1 Milan 05.18.08 at 11:31 pm

Good advice. It makes great sense to contact the lender upfront about their policies to avoid trouble down the road.

2 Jim Bisnett 05.20.08 at 4:23 am

Excellent advice. Especially in today’s market, buyers have to be careful that the home will appraise for the sales price plus the seller assistance amount.

3 Cliff Pape 05.21.08 at 1:09 pm

Very good post this is the kind of information people need. I really appreciate the solid practical post you put up keep up the great work!

4 Diane Cipa 05.21.08 at 1:15 pm

Thanks. ;)

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