Subject-To Deal with Commercial Property

Subject-To Deal with Commercial Property

O Fallon, MO · Member since 2012 · 3 posts · 0 votes

I have a seller looking to sell a commercial property that is owned under a LLC. My buyer wants to buy the LLC (aka keep the current mortgage) and then bring cash to closing to cover the difference between the purchase price and loan balance.

Is this possible?

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    Yes, but it creates a number of issues. He will assume any other exiting/potential liabilities hanging out there. He will assume a much lower cost basis for depreciation, get whacked on additional capital gains when the LLC sells the property, etc. The seller probably has a personal guarantee on the loan, and may not want to do it.

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