Who is Your Buyer? Why is that Important and why it is so often overlooked?
What are the issues that can arise from not being able to close on your property?
The potential buyer of your property may have complicated factors that are outside of your control, including their control. Some of these may include:
- Macroeconomic volatility
- An SBA Loan
- Personal Guarantee Minimums
- Traditional Bank Loan
- Asset-Based Loan
- Phase 2 Environmental Assessment delays
- Interest Rate adjustments
- Revenue shortfall on your business and/or property valuation during the lending period
- Property not appraising
- Contingency of an unrelated property
If your buyer requires a loan of any kind some of the following fees and expenses are potentially incurred.
- Loan Application Fee: This is a processing fee for borrower’s loan
- Loan Origination Fee: Compensation for the originator of the loan for paperwork, mortgage documents and fund disbursement to borrow to close
- Lender’s Attorney’s Fees: Loan Document preparation for note, could include verifying title documents to lender
- Additional fee for loan amortization schedule by the lender on behalf of the borrower
- Credit Report Fee: This fee may be waived
- Prepaid Interest: This may be waived in some circumstances
- Real Estate Commissions: The seller typically pays the commission at closing
- Mortgage Insurance – some lenders may require that escrow accounts be established irrespective of the loan-to-value ratio
- Typically, anything above an 80 percent LTV loan will require it
- Recording Fees: Recording of the mortgage and note for the public record. For some states this is a requirement
- Transfer Tax: A tax that can be imposed by the city or county for all real estate transfers
These fees and expenses are typically paid by the buyer/borrower to the lender and are made in connection with the variety of services executed by the lender during the underwriting process for approval.
Now What?
If your buyer keeps delaying the closing or makes unusual requests – they should either engage with another bank or get a second opinion. These conversations with your buyer should take place well in advance of the closing date.
Complications can arise that are usually out of your control.
What can you potentially do to help?
- Encourage them to get a second opinion regardless of their circumstances and situation
- Delay the exchange, if possible
- Offer Seller Financing (Please consult your tax professional if that is a feasible option)
- Request an Installment Sale (Please consult your tax professional if that is a feasible option)
- If all else fails, you may need to find another buyer. Be ready for a contingency plan!
To discuss your specific scenario or potential dilemma, contact us and we may be able to recommend an alternative solution.
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