Originally posted by @Joshua Potters:
@Michael B if the seller finance the deal, how exactly does that work? You just pay the seller going forward or do you have to go through a 3rd party. (Trying to understand) thanks.
It's actually pretty simple don't let the big wording scare you. No 3rd party involved.
You are basically just buying a house on an installment loan (just like when you buy a car with a loan). The seller of the house will become the mortgagee just like a bank and he will be protected by a mortgage agreement, promissory note and (sometimes) an assignment of rents contract. I have been very successful negotiating these kind of deals with older sellers that have portfolios that are under performing and that would like to hold on to the cash flow. These sellers are home runs. You can take over their portfolios on seller financing and often give the seller the same net income that they had when they were still active landlords. Your underwriting ability will go a long way here - use @Ben Leybovich depreciation schedule and explain to the seller why they are not receiving the income they think they do. Alternatively you can also use the Fannie Mae underwriting guidelines to determine the actual net income (75% of gross rents - PITI(M))
The advantage for the seller here is, that he will receive (almost) the same income without any volatility. A true win-win without any stiff arming.
The things you will want to negotiate are: Down Payment, balloon (no/yes/how long), interest rate, amortization. The beauty of seller financing is that you can make the numbers work for you AND the seller by adjusting these 4 metrics. For example if the cash flow is sufficient but the cash on cash return is not, negotiate a lower down payment. If the seller doesn't want to give you a discount, agree to his price and extend the amortization period and/or the reduce the interest rate to lower the monthly mortgage payments. If you agree to the sellers price, keep your exit strategy in mind especially if you have a balloon coming up - it has to be within reason. Once you reached an agreement with the seller, enter into a regular purchase agreement and lay out the terms in the agreement.
Knowledge of how to "bend" transactions this way will be one of your most powerful tools in negotiations. You will be able to make pretty much any deal work, even when other investors back out. Furthermore, you can use this kind of deal making with any transaction in your personal life - boats, airplanes, cars. Keep in mind that the asset has to be owned free and clear.
After you entered into an agreement, connect with an attorney that has done these types of transactions before. The attorney will create the promissory note and the mortgage agreement for you (depending on the state) and look over all the paperwork and the assets that are being purchased. The seller might require a assignment of rents agreement in case you default. I wouldn't mention that proactively. Make sure that there is no personal recourse in the agreement/note and make sure that the issue of due on sale in the promissory note was addressed. If "due on sale" is not mentioned then courts currently rule that a "due on sale clause" was to be assumed - counter that by stating that the loan will not be accelerated if you transfer the property. This will allow you some further financial jiu jitsu like reassigning that seller financed deal at higher rates to another buyer.
Lastly, a little motivating story for people that think these kinds of transactions are not common. In May of this year I was contacted by the SVP of an invitation only private bank in Beverly Hills, CA. The SVP knew about my business model from a friend of mine who I wholesaled 11 buildings to. He explained to me that he had a client that had 10 days left to complete a 1031 exchange. They needed to leverage at 20% and they needed 1.7M in assets. It took me ONE weekend to put a 16 unit multifamily and 14 single family houses under contract. All on seller financing, 20% down, amortized over 30 years, interest only - 6%, balloons in 3,4 and 5 years.
Please don't hesitate to reach out if you have any questions.