Buying & Selling Real Estate Discussion

User Stats

162
Posts
19
Votes
Randon B.
  • Appraiser
  • Austin, TX
19
Votes |
162
Posts

Rules/Laws for advertising Owner Financed Homes

Randon B.
  • Appraiser
  • Austin, TX
Posted Jan 10 2023, 10:23

Hello

What are the rules for advertising a home for sale owner finance? 

Are you allowed to state the APR% that you are offering?

Thanks

User Stats

8,763
Posts
4,653
Votes
Eliott Elias#3 All Forums Contributor
  • Investor
  • Austin, TX
4,653
Votes |
8,763
Posts
Eliott Elias#3 All Forums Contributor
  • Investor
  • Austin, TX
Replied Jan 10 2023, 21:06

I state everything, interest rate, balloon, amortization, price. 

User Stats

6,639
Posts
5,141
Votes
Andrew Postell#1 Creative Real Estate Financing Contributor
  • Lender
  • Fort Worth, TX
5,141
Votes |
6,639
Posts
Andrew Postell#1 Creative Real Estate Financing Contributor
  • Lender
  • Fort Worth, TX
Replied Jan 10 2023, 22:08

@Randon B. thanks for posting.  Always great to hear from a fellow Texan.

So you are actually asking 2 different questions here:

1. Are there rules to advertising a "for sale by owner" property?

2. Are there rules to advertising a "Owner Finance" loan?

And there are rules to both.  Some rules are strict but most are pretty easy to comply with.  Now, there is a separate issue here - what are the rules to writing an owner financed loan in Texas?  I'm not going to touch on that very much but I'll give a little article you can read on it HERE.

For the For Sale by Owner try this website HERE.  You can also list your property there as well.

And for advertising your rate - just keep in mind that anything you advertise must be true and accurate.

Hope this makes helps in some way.  Thanks!

Lender Texas (#392627)

User Stats

9,377
Posts
7,182
Votes
Chris Seveney#2 All Forums Contributor
  • Investor
  • Northern Virginia
7,182
Votes |
9,377
Posts
Chris Seveney#2 All Forums Contributor
  • Investor
  • Northern Virginia
Replied Jan 11 2023, 03:59

@Randon B.

Depends. There are triggers. If you note a payment amount then absolutely must give terms of loan. 99% of seller financed people do not though

https://www.consumerfinance.gov/rules-policy/regulations/1026/24/#d

User Stats

162
Posts
19
Votes
Randon B.
  • Appraiser
  • Austin, TX
19
Votes |
162
Posts
Randon B.
  • Appraiser
  • Austin, TX
Replied Jan 16 2023, 13:37
Quote from @Eliott Elias:

I state everything, interest rate, balloon, amortization, price. 


 How do you go about ensuring that all the disclosure requirements are met? Is there a checklist or something?

User Stats

162
Posts
19
Votes
Randon B.
  • Appraiser
  • Austin, TX
19
Votes |
162
Posts
Randon B.
  • Appraiser
  • Austin, TX
Replied Jan 16 2023, 13:38
Quote from @Andrew Postell:

@Randon B. thanks for posting.  Always great to hear from a fellow Texan.

So you are actually asking 2 different questions here:

1. Are there rules to advertising a "for sale by owner" property?

2. Are there rules to advertising a "Owner Finance" loan?

And there are rules to both.  Some rules are strict but most are pretty easy to comply with.  Now, there is a separate issue here - what are the rules to writing an owner financed loan in Texas?  I'm not going to touch on that very much but I'll give a little article you can read on it HERE.

For the For Sale by Owner try this website HERE.  You can also list your property there as well.

And for advertising your rate - just keep in mind that anything you advertise must be true and accurate.

Hope this makes helps in some way.  Thanks!



How do you go about ensuring that all the disclosure requirements are met? Is there a checklist or something?


User Stats

162
Posts
19
Votes
Randon B.
  • Appraiser
  • Austin, TX
19
Votes |
162
Posts
Randon B.
  • Appraiser
  • Austin, TX
Replied Jan 16 2023, 13:38
Quote from @Chris Seveney:

@Randon B.

Depends. There are triggers. If you note a payment amount then absolutely must give terms of loan. 99% of seller financed people do not though



How do you go about ensuring that all the disclosure requirements are met? Is there a checklist or something?

https://www.consumerfinance.gov/rules-policy/regulations/1026/24/#d


User Stats

9,377
Posts
7,182
Votes
Chris Seveney#2 All Forums Contributor
  • Investor
  • Northern Virginia
7,182
Votes |
9,377
Posts
Chris Seveney#2 All Forums Contributor
  • Investor
  • Northern Virginia
Replied Jan 16 2023, 14:14

@Randon B.

Either provide no info or all info. Saying payments will be $500/mo is not good

Saying $500/Mo for 240 months based on a financed amount of $25,000 at 6% interest says everything

Make sense

User Stats

162
Posts
19
Votes
Randon B.
  • Appraiser
  • Austin, TX
19
Votes |
162
Posts
Randon B.
  • Appraiser
  • Austin, TX
Replied Jan 16 2023, 14:22
Quote from @Chris Seveney:

@Randon B.

Either provide no info or all info. Saying payments will be $500/mo is not good

Saying $500/Mo for 240 months based on a financed amount of $25,000 at 6% interest says everything

Make sense


 Im talking about once I have a buyer under contract and we are moving towards closing. I'm just trying to make sure that I'm not breaking any dodd frank laws regarding disclosures during the closing process. 

User Stats

6,639
Posts
5,141
Votes
Andrew Postell#1 Creative Real Estate Financing Contributor
  • Lender
  • Fort Worth, TX
5,141
Votes |
6,639
Posts
Andrew Postell#1 Creative Real Estate Financing Contributor
  • Lender
  • Fort Worth, TX
Replied Jan 16 2023, 14:22

@Randon B. so just to answer the disclosure piece - you would lean on your title attorney for it.

Lender Texas (#392627)