Dealing w/ Sellers that Owe A Lot in Back Taxes

Dealing w/ Sellers that Owe A Lot in Back Taxes

Detroit, MI · Member since 2012 · 170 posts · 21 votes

We've had wholesale deals where we've had private sellers that owe a lot in back taxes (as I'm sure you have as well).

Anyways, in order to close on their homes via Warranty Deed, as many of our buyers prefer, the taxes need to be taken care of at closing.

What we've been running into, is sellers that expect to walk away with nearly the entire purchase price as well as have us take care of their back taxes.

So for example, if the selling price is $30k, and they owe $20k in back taxes, they expect to leave the closing table with $30k in their pocket, and have the buyer pay the $20k in back taxes, which usually just flat-out isn't going to happen.

I've done some reading on the Internet on the topic to see how other wholesalers deal with this issue, and I've found two perspectives:

1. Be upfront with the seller from the beginning, and let them know that the taxes are going to reduce the amount they're going to leave the closing table with (which is what we've been doing up to this point), or

2. Don't tell the seller that they're going to leave with less money than expected, and allow them to be surprised at the closing table, when they look at the HUD (which risks the chances that the seller will get up and walk out at the closing table).

I was just interested in bringing this up on this forum to get some perspective from some of you guys on how you have or would approach such a situation.

Being upfront with the seller is the route we've went up to this point, however this obviously reduces the amount of deals that reach the closing table.

It seems that some are of the opinion that it's up to the seller to be savvy enough to know what they're going to leave the closing with, so I was wondering what you guys thought.

Thanks for your feedback and time.

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

    I assume the distressed seller is Only concerned about what they walk away with. Since some of my deals are sub2 existing liens, but generally not mortgages, I talk to the seller specifically about what they're walking away with. If you just talk purchase price, then expect the seller to "eat" the surpise at the closing table, expect problems and deals that don't close.

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    13y

    I think you must be upfront that you will sell for $30K (or whatever) less what they owe in taxes. They can do the math themselves. Or just give them a general "worksheet" so that they can figure an estimate out themselves of how much they will receive. The biggest thing with owing back taxes is that they stay with the property, you can't just not pay them.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    13y

    Write your offers as a net number to the seller. Seller to net $XX. Buyer to pay all costs and fees to close escrow, including but not limited to .........., up to a maximum of $XX. If more than your max number is needed to close, then you re-negotiate the purchase agreement.

    If you are writing the contract without knowledge of the tax amount due and most of the other costs, then you are setting up your sellers to be frustrated with you and possibly walk. The average seller has not sold many houses or been involved in many cash escrows. A $30K
    "cash" offer is going to sound like a $30K check at close. A buyer's job is to manage expectations.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    13y
    Originally posted by Dawn A.:
    I think you must be upfront that you will sell for $30K (or whatever) less what they owe in taxes. They can do the math themselves. Or just give them a general "worksheet" so that they can figure an estimate out themselves of how much they will receive. The biggest thing with owing back taxes is that they stay with the property, you can't just not pay them.

    My experience says that many sellers cannot do the math themselves. It took me a long time to learn to write net offers for sellers who really don't understand the terms "proceeds" or closing costs. You can tell from taking to sellers if they even know what the words escrow and title mean. That ones that don't really need an offer with a net number, IMO.

  • Real Estate Investor · Woodstock, GA · Member since 2013 · 18 posts · 3 votes
    13y

    Originally posted by K. Marie Poe

    A $30K "cash" offer is going to sound like a $30K check at close. A buyer's job is to manage expectations.

    As a buyer your job is to make the entire transaction as simple as possible for the seller. The seller should know upfront what his/her take home amount will be. If you surprise the seller at closing, you may lose the deal and at the same time damage your reputation as a standup investor.

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