Seller's Concession vs. Low Appraisal

Seller's Concession vs. Low Appraisal

Member since 2020 · 12 posts · 16 votes


Hi guys,

I'm about to sign a contract for my first purchase as a homeowner. It's a two-family in Brooklyn with a furnished basement. It's a bit out of my price range at $667,000, so I'm using FHA with 3.5% down, and seller's concession to cover the closing costs, about 5% of the purchase price.

I had a couple of questions about the appraisal process, particularly about renegotiating the seller's concessions if the appraisal comes back low. At the advice of my agent, I don't have an appraisal contingency, which is common in NYC's hyper-competitive market. However, I do have a mortgage contingency.

As I understand it, there are three scenarios that could happen during the appraisal:

  • Option A - The lender appraises the house for the full purchase price of $700,350 or more. I am able to use the full seller's concession, and I ride off into the sunset.
  • Option B - The lender appraises the house for $667k or lower, and I have to come up with the full closing costs myself.
  • Option C - The lender appraises the house for somewhere in between $667k and $700,350.

Here are my questions;

  • (1) If Option C happens, will I be able to renegotiate the Seller's Concession? For instance, if the house appraises for $687k, will I be able to renegotiate the seller's concession from $33,350 down to $20,000, and pay the remaining $13,350 myself? Is this common/uncommon? 
  • (2) In the case of Option B or C, is it a better idea to use an FHA 203k limited/streamline, so that the appraisal is based on ARV or "as-Complete" instead of the traditional process? Would this make it easier to write the seller's concession into the loan?
  • (3) If Option B happens and I'm not able to come up with the full closing costs myself, would I be protected by the mortgage contingency, since I technically wasn't able to secure a loan for the full $703,500? Or will the seller be able to keep my deposit?
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Matthew PorcaroBusiness Member
Lender · Long Island, NY · Member since 2016 · 456 posts · 336 votes
5y

@Nyle Emerson

The 203k allows you to have a loan at 110% of after renovated value so it could buy you some wiggle room.

If your appraisal comes back too low, the reality is you’re not buying right.

In the NYC market right now especially, there’s no reason to be overpaying for a property.

Keep all the concession as you’ll need it for closing costs. If the appraisal comes back too low, renegotiate the purchase price. Contingency or not.

Everything is negotiable in real estate.

The 203k Way
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  • Matthew PorcaroBusiness Member
    Lender · Long Island, NY · Member since 2016 · 456 posts · 336 votes
    5y

    @Nyle Emerson

    The 203k allows you to have a loan at 110% of after renovated value so it could buy you some wiggle room.

    If your appraisal comes back too low, the reality is you’re not buying right.

    In the NYC market right now especially, there’s no reason to be overpaying for a property.

    Keep all the concession as you’ll need it for closing costs. If the appraisal comes back too low, renegotiate the purchase price. Contingency or not.

    Everything is negotiable in real estate.

    The 203k Way
  • Abel CurielBusiness Member
    Real Estate Agent · Queens, NY · Member since 2016 · 2k+ posts · 1k+ votes
    5y

    Hello @Nyle Emerson congrats on getting closer to deal #1!

    Unless this property has a lot size below 1,500 sq. ft. and has significant deferred maintenance, I don't think you'll have a tough time finding comps to justify an appraised value of $700K.

    Also, the closing costs should be ~5% of the loan amount, not purchase price. I'd reconnect with your lender to find out if their closing cost estimate was a conservative estimate. As @Matthew Porcaro stated, everything is negotiable and that includes closing costs. 

    For question 3, I'd ask your attorney to explain this.

    Lastly, your lender is super important here... lenders with great contacts can speak with local appraisers to get a sense of how possible it would be to get the deal appraised for the contract price. See if they can get in contact with anyone to give you some reassurance prior to signing.

    Best of luck to you moving forward!

    Abel

    REbuild Team - eXp Realty5234 Reviews
  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    5y

    You’ve confused me or yourself. 

    You say

    a) the price is $667k

    B)the seller is paying 5% of closing costs

    C) your putting down 3.5%

    So if the appraisal is $700k or $667k your result will be exactly the same.

    You’ll pay $667k, the seller will give you up to $34k towards closing costs (WHICH SOUNDS REALLY HIGH),  and you will put down your $20k downpayment. 

    Or are you saying you’re fudging the sales price and artificially increasing it to $700k and borrowing $675k after the downpayment so the seller can then give you the bank’s money? Basically tricking them in to financing more than 100% of the original/real sales price?

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