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Can The Seller Tell Me How To Use The Closing Cost Credit?

By
Real Estate Agent with Integrity Real Estate Group

Should a Seller Dictate closing Cost Credit Use?Perhaps that's a trick question.  Let's back up.  Your home is listed for sale in the MLS.  You have agreed to let your agent advertise you're willingness to offer either a dollar amount or a percentage of the sales price as closing cost credit.  But and this is the big but, you specify the only thing the closing cost credit can be used for is to do a specific improvement to the property.

In Virginia our contract states seller subsidy can be used by the purchaser against loan charges and pre-paid items and other charges as agreed upon by the lender.  The contract doesn't say seller subsidy is to be used for a home improvement dictated by the seller.  In today's lending environment where every T & C on a contract is scrutinized by an underwriter the chances are this subsidy is going to raise a red flag.

If your home needs $15,000 worth of work the buyer is going to think it needs even more.  Why even go there?.  If your home needs an improvement with a significant price tag attached you are better off to either 1) lower the price to make up for the deficiency you've identified or 2) go ahead and get it fixed yourself.  

Buyers in today's market in Northern Virginia are savvy  They won't write an offer on an overpriced home or one with obvious condition issues not already accounted for in the price.  Before you consider a "seller subsidy" make sure you don't raise a flag that makes a buyer walk away from your home without giving it full consideration. 

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                                   Real People*Real Lives*Real Estate

If you are interested in learning more about the Northern Virginia Real Estate market including Alexandria, Arlington, Fairfax and Prince William Counties give Cindy Jones and Integrity Real Estate Group a call at 703-346-2213.

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Comments(9)

Mitch Muller - Charlotte NC Real Estate
ProStead Realty Charlotte, NC CRS SRES mitch@prostead.com - Charlotte, NC
Certified Residential Specialist

I would go with number 2 Cindy, get it fixed! 

Nov 14, 2013 07:39 AM
Rob Thomas
Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN
Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro

Cindy ....I can't see where it should matter to the seller ....just get the property sold!

Have a great night in VA!

Nov 14, 2013 08:16 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Cindy

The best thing to do put in the contract a spelling out what the credit is for and the amount and go for it.

Good luck and success.

Lou Ludwig

Nov 14, 2013 09:22 AM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Cindy, we had this happen this summer. The lender would not accept the condition in the contract and it had to be removed. The funds alloted had to go to closing costs, insurance, attorney's fees and other closing related expenses and nothing else. Ironically, that closing ended up with a surplus. They did allow the buyers to walk away with a check ($150). 

Nov 14, 2013 09:48 AM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

Cindy,

I would be cautious about accepting that as a condition of a seller subsidy. Each lender has their own rules on how the subsidy has to be placed on the HUD1, but I've never seen it done that way.

Rich

Nov 14, 2013 10:59 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville
I just hate when sellers say carpet allowance. I'm with you either lower the price or put in some nice neutral carpet
Nov 14, 2013 11:01 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living
Cindy, that is an interesting concept and one that I haven't encountered (yet). Seller concessions are typically used toward buyers closing cost and prepaids whereas repair costs are either reflected in a lower price or paid for by the seller as you pointed out.
Nov 14, 2013 11:02 AM
DEANNA C. SMITH CERTIFIED MOBILE NOTARY
Certified Mobile Notary Signing Agent - Smith Mountain Lake, VA
Highest Ranked Certified Mobile Notary in Virginia

I think Mitch has it right.   The seller should follow #2 and get it fixed.   The last thing I want to do is throw my underwriters a curve.    

Nov 14, 2013 01:39 PM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Cindy-The less the Underwriting team has to think about regarding my transactions, the better I like it.

Nov 15, 2013 02:13 AM