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All Forum Posts by: Rachel Leonard

Rachel Leonard has started 2 posts and replied 4 times.

Post: Purchasing a house without an agent

Rachel LeonardPosted
  • Posts 4
  • Votes 1

Not sure this is the right sub-group to post this question in, please redirect me if not.

I am considering purchasing my neighbor's house.  I know her well and I know the house well.  It would be a straightforward transaction, I wouldn't be asking for any concessions or doing any major negotiating.  I purchased my primary residence and a vacation home in the last five years, working with a great buyers agent.  I am considering doing this deal with no agents on either side to save money (savings the seller would pass on to me) - my buyers agent actually suggested that when I explained the situation to her and that I really only needed basic transactional help.  I have a lender, I would work with the same law office as previously, I have an insurance agent, I would find a home inspector, I would coordinate with the lender on the assessment - I feel quite capable of managing all of that.  What else am I not thinking of, or what watch outs would you give me?

Quote from @Theresa Harris:

Then it shouldn't be that difficult, but do put everything in writing and sign it. If it is you and your husband buying the house, then only your names should be on title.  It is when troubles pop up that having things sorted in advance helps.  If the plan is for them to live in the house until they are no longer able (either they pass away or move to a nursing home), then it may be that you and your husband are paying for all of the repairs and things like replacing the roof...or maybe they will treat it as their own home and simply give you the money each month to cover all of the expenses.

I'd be concerned if he has siblings to make it clear that the house is yours (though with the in-laws paying for everything the siblings may see it differently) and what happens if you divorce?


 He does have a couple half siblings, but they are in another country and not in frequent contact with his parents, so from their perspective all they would see is that the parents are living in an investment property that we own, and they are paying rent.  

There's enough money between us and them (the parents) to cover the various issues that might happen, my main concern is that the bulk of the cash is with the parents, and I'm not sure how to position it to a bank to get a mortgage in my name - because of my understanding that this would be considered an investment property and you can't use gifts as down payments for investment properties.  We could put in an offer and put a down payment on a house today, but I'm not confident I would get approved for a loan with a down payment from funds that just arrived in my account a few days ago from my in-laws.  

Quote from @Theresa Harris:

If you are using their money for a down payment, are you really planning on renting it to them in a traditional sense or simply having them pay for the mortgage, insurance, taxes, etc (ie you won't be renting it at market value more you are buying the home for them and they are making all of the payments and repairs?

If it is a regular rental, draw up paperwork that clearly outlines how much money they lent you, when it will be paid back and how much (eg if you buy a house for $400K and 10 years later they move out and it sells for $500K-do they get a percentage of the profit (after taxes and costs)?

 I would not be looking to make a profit off of them monthly as I might with a traditional renter, just covering the costs of the house.  That said, they wouldn't be looking for the down payment to be paid back.  Frankly, the expectation is that this will be their last move.  Essentially it works out to them gifting us a house - they'll pay the down payment and reimburse us for mortgage costs each month, and when they die the house will be ours (and we will continue making the payments ourselves or sell it).

I'm not sure yet how repairs will be funded, but either we or them could cover those costs financially and neither of us are going to be trying to squeeze the other one, so I'm not worried about managing that.  I'm only concerned with the financial logistics to get the mortgage in my name rather than theirs.

My in-laws are moving to the US from another country.  They would rather not go through the paperwork hassle of purchasing another house here themselves; they would prefer that my husband and I purchase a house in our name and they will rent it from us.  They are providing the money for the down payment and have in fact already transferred $100K to an account in my husband's name.  We already own a primary residence and vacation home, so this will be seen as an investment property.  How should I think about getting financing?  My understanding is that a gift cannot be used as a down payment for an investment property, so my thought is to wait 2-3 months before applying for a loan, to season the funds.  I do have sufficient cash of our own in our bank accounts to show we could cover the mortgage for ~6 months if it was unrented.  Any other thoughts/ideas?