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2/1 buydown financed by seller

BayHouse Credit Forum: Real Estate: 2/1 buydown financed by seller
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chris larson (Seller159)

Wednesday, June 07, 2000 - 09:18 am Click here to edit this post
I signed a contract for sale with the following provision that "mortgage discount points/origination fees/prepaid items permitted by lender/purchasers closing costs not to exceed 4.5% of sale price to be paid by seller". Now the buyers agent wants to change the contract to add 2/1 buydown so that I as the seller can buydown the purchasers mortgage. If I do not change the contract, can they still increase the discount points to reduce interest? The contract also stipulates that the purchaser is using FHA financing at "rates and terms generally prevailing in the area". Please let me know the pros and cons of my two options and what is the difference between a buydown and paying discount points?

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Christine Baker (Admin)

Thursday, June 08, 2000 - 06:21 pm Click here to edit this post
You want to be sure that you know what your TOTAL contribution to the buyer's loan/closing costs will be. Have the buyer's agent write up an addendum making the changes clear. "Total seller contributions towards buyer's .... not to exceed $5,000."

You really don't care WHAT loan the buyer gets or WHAT your money is used for. The 2/1 buydown often lets the buyer qualify at a lower rate by prepaying some of the first years' interest.

You shouldn't accept an offer from buyers who don't have financing lined up and aren't pre-approved. Otherwise you might be subjected to the "lower the price or we don't qualify" demand a few days before the scheduled closing.

The "prevailing rate" clause probably protects the buyer, if they don't qualify for prevailing rates they can cancel. There should be a more detailed explanation of that clause somewhere in the contract or on the back page.

What does YOUR agent say?

I don't know enough about the transaction, your priorities and the buyer's financials and credit to advise. Refusing to amend the contract might be a good way to get out of that deal and look for better qualified buyers.


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