Catering to Seller's Capital Gains

Catering to Seller's Capital Gains

Member since 2019 · 38 posts · 32 votes

I've got an opportunity to acquire a large piece of raw land from a seller, but there are a few things that don't sit right with me. He bought the land for much less than I'm paying (still a great deal) and is concerned about capital gains. As a result, he will only spread the sale out over 3 years for tax purposes (1/3 due each year). This isn't ideal, because I'd imagine the bank will not loan on this property for new construction until it's in my name. The second issue is that he wants to seller finance the property at 4-5% (great rate) during this period. Great rate, but I'm effectively paying interest that isn't necessary due to having the cash to buy the property outright. I suppose I could put the funds in a high yield or something to cover the interest, but I'd really just like to buy the property in full and move on. Any deal structure ideas that would be a compromise for us both?

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Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
2y

@Chris Battaglia  I'd probably propose seller-financing for 3 years with a note and deed of trust that he agrees to subordinate or be in 2nd position when you get a construction loan or mortgage. 

With a note and DofT / Mortgage from the seller, it will be in your name and he still gets to spread out the tax hit with an installment sale. 

A back-up 'option' might be an option to buy, with the consideration spread out as a chunk this calendar year and next.    

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Chris Battaglia

    If you are buying cash for it then I would not seller finance it as it will slow down you building on it

    What I would say is have it put in your name and have him be in second position behind your lender for construction and that loan with him is at 0%

    Otherwise he is not going to get anyone to agree to those terms.

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  • Member since 2023 · 34 posts · 16 votes
    2y

    Hey Chris.  You have a few options here.  Off the top of my head:

    1. JV partnership with the seller so that the property is held together, with a separate financing agreement. A lender would prefer this on your end but might not be something you want to get into, depending on your relationship, circumstances, etc.

    2. Have the seller transfer the asset to you, irrespective to the seller financing agreement.  Crank up the terms such that he must lend you more money upfront, so that you don't have to bring in third-party lending.

    3. Escrow account: these can be structured in a few ways but might be both his and your best option.  There will be some costs associated with this strategy but could be effective.

    Feel reach to message me if you have any further questions. 

    Jude

  • Member since 2019 · 38 posts · 32 votes
    2y
    Quote from @Chris Seveney:

    @Chris Battaglia

    If you are buying cash for it then I would not seller finance it as it will slow down you building on it

    What I would say is have it put in your name and have him be in second position behind your lender for construction and that loan with him is at 0%

    Otherwise he is not going to get anyone to agree to those terms.

     @Chris Seveney I agree, thinking he'll have a hard time selling as well. I guess if someone isn't in a hurry and doesn't have the cash, it could be a good opportunity. For me, having the cash, having to wait 3 years, and pay interest on a loan I don't need doesn't make sense. We really like the land so I'm trying to come up with a compromise but the seller is a stubborn older gentleman.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Chris Battaglia

    Have him 1031 it into a dst

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  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    2y

    @Chris Battaglia  I'd probably propose seller-financing for 3 years with a note and deed of trust that he agrees to subordinate or be in 2nd position when you get a construction loan or mortgage. 

    With a note and DofT / Mortgage from the seller, it will be in your name and he still gets to spread out the tax hit with an installment sale. 

    A back-up 'option' might be an option to buy, with the consideration spread out as a chunk this calendar year and next.    

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