Buyer Discrimination using FHA

By
Real Estate Agent with da Vinci Realty in Evergreen, CO

So I promised many of you that I'd watch for the results of my lost deal back in October that involved my Buyer who chose to finance their purchase using FHA. They wanted to take advantage of rates in the 5% range and only bring 3.5% down.  My post is below for reference.

It just closed with the prevailing Buyer and as it turns out, the Seller (Freddie Mac) took $10,000 less than our offer, and closed 2 weeks later then what we offered.  The Buyer incidentally got a Conventional Loan with 20% down. Are you kidding me!!

Tell me a Seller who would seriously take $10,000 less, prefer an Inspection condition, and close 2 weeks later instead of at the end of a month unless there was some form of discrimination going on.  I understand that if a property has some issues an FHA appraiser would force a Seller to resolve, then a Conventional Loan looks more inviting but this property was move in ready at $400,000 and my clients waived their inspection provision.

The unfortunate truth is that this type of response from Freddie Mac or any other Seller is going to force Realtors to be as vague as possible when presenting the type of financing their Buyer could choose.  If a Buyer can qualify for all types of programs, moving forward I'm inclined to select Conventional, FHA, & VA and then allow my clients to choose after we are Under Contract.  If the loan program has no negative impact to the Seller, then the best thing to do (given this recent experience) is not disclose FHA solely to a Seller as it's clear that Buyers are seen as "weak" if they choose that financing route.  Again...I say Are you kidding me! Just get it done for the benefit of both parties!

I'd love to hear if anyone has experienced similar results with similar Buyers and properties.

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PREVIOUS POST

October 29, 2009.

I'd like to know when it became OK to discriminate against Buyers who use an FHA 3.5% down payment loan program.  I recently submitted an offer for a newly engaged couple who had amazing credit, substantial savings, and enough liquidity to put 20% down.  They chose a foreclosed home that was owned by Freddie Mac. A great home that was move-in ready.  They made a strategic decision to take advantage of an FHA program that allowed for 3.5% down.  They were going to invest the remaining 16.5% in updating the property to ensure they will earn a substantial gain on their investment.

We were in a competing offer situation.  My clients put in a full price offer and waived their Inspection condition. I was told our offer was not successful.  It was implied by the Seller's agent that our offer needed to show a "stronger commitment" on the part of the Buyers.  EXCUSE ME!!!!

The Seller actually felt my client's offer was not strong enough at full price and no inspection condition????  It is my opinion that Sellers feel anyone who is not bringing 20% down is a weak Buyer.  I'm sorry....since when did the value of money change based on where and how it came to be?  $400,000 is $400,000 whether it's cash, a Conventional Loan, VA Loan, or FHA loan.

I believe there can be a case made that a Seller who discards a Buyer because they made a choice to use an FHA loan is border line discrimination.  I'd like Freddie Mac to tell my client, who is an Active 20yr Navy soldier and his Fiance who is a consultant for the Dept of Defense, that they aren't committed to buy their dream home because their choice to use FHA (which comprises nearly 40% of all purchase loans in 2009) is weak.

Where has this market implosion taken us????

Posted by

Chris M. Vinci, Owner, CRS, CLHMS, CMAS

Voted "2013 BEST REALTOR.." by Mountain Connection readers

Awarded 2013 "FIVE STAR REALTOR" in 5280 Magazine

da Vinci Realty in Downtown Evergreen, Colorado

303-679-0360

www.CoMountainLiving.com

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Comments (4)

Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Chris - I'm feeling your pain.  This year 90% of my business was/is FHA.  By the time my FHA actually got to escrow, it was after losing offer after offer after offer to lower all-cash offers or in some cases lower conventional loans with larger downs.

Sounds like SoCA is not all that different than your market.  I just don't get it. Granted in many cases, all cash offers close in 2-3 weeks but still.  I watched one property that some FHA clients of mine lost out on and the all cash offer that was accepted was 30k less than my FHA clients offer and only closed 14 days quicker than the time frame my clients were asking for.  I just don't get it.

Dec 18, 2009 07:24 AM
Steve, Joel & Steve A. Chain
Chain Real Estate Investments & Mortgage, Steve & Joel Chain - Cottonwood, CA

Chris, It sounds like the old days when no one wanted to go FHA because of the hassle, but Wow this is the banks not wanting to go FHA. Hmmm

Dec 18, 2009 02:44 PM
Freddie Gonzales
WEM PACIFIC Investments, Inc. - Daly City, CA
CRS, GRI, RDCPro

Chris,

I hear you. In San Francisco Bay Area, REO agents are even putting in the MLS remarks, NO FHA PLEASE. Isn't it discrimination? The banks/agents discriminating against FHA buyers.

 

Jan 15, 2010 07:57 PM
Anonymous
Mrs. Walsh
All it is is DISCRIMINATION! My husband and i found a home that we liked a lot. We decided to have our agent contact the selling agent. Who told us the house had been on the market almost a year and they had no offers. So we put our offer in, FHA of course. The agent never called us back. Finally after pressing her for answers she told us that the home was sold for a higher offer than ours. Its been about 4 months now, and the house is still listed as active in MLS. So me being who I am, i had one of my friends call an enquire about the house and mention that they were using a conventional loan, and the selling agent urged my friend to put in an offer. DISCRIMINATION!!!!!!!
Apr 02, 2012 02:05 PM
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