Question about Seller Subsidies

[Ruth Lyons]

Hello Bigger Pockets community,

I have a question and perhaps others have the same question so I thought I'd post it and see what the wise folks here think.

I accepted an offer on one of my properties and am giving the buyer a subsidy ("help with closing costs" as part of the deal). You're probably familiar with this sort of deal that allows the buyer to finance a larger amount -- in essence, the house will approve for $180,000 but the cash that comes to me at closing is only $172,500. Two questions arise:

1. I've told my agent that I will pay commission but only on the REAL price I'm getting for the house -- the inflated sales price less the seller subsidy. In this situation, that's $450. He should have offered it since he negotiated the deal, but he didn't so I told him that's how it's going to work. I didn't sign a contract with him saying otherwise.

2. How does it work with transfer taxes? Can I pay transfer taxes on the REAL price rather than the inflated sales figure?

I'm in the Baltimore Maryland area -- the laws are probably different state by state.

Thanks for your thoughts,

Ruth

[Tom Gimer]

You'll be paying taxes on the purchase price -- the deed will state $180,000 and that's what the transfer and recordation taxes will be based upon.