My New Blog

I recently had the opportunity to give a presentation about issues specific to different types of distressed property sales, and thought I'd share some of the tips and information that came out of that effort. 

GENERAL TIPS ON BUYING DISTRESSED PROPERTIES  (FORECLOSURES, BANKRUPTCIES, ESTATE SALES, CORPORATE RELOCATION SALES, SHORT SALES, OR HUD HOMES)

Protect Your Buyer with A Due Diligence Period

Agents, make sure that you give yourself a due diligence period when you can.  This should be an available option--even when the property is being sold "As Is"-- in most states, except where an auction process is being observed.  It is imperative that you craft any offer you make on your client's behalf in such a way that they have ADEQUATE TIME to get their inspections done. 

Remember that there will most likely be issues having the utilities activated for your buyer's inspection.  I like to write in a stipulation that the Buyer's due diligence period will not begin until after the utilities have been activated, but this is not how you need to handle this if it's a HUD home (email me at Jackie@BestGeorgiaHomeSearch.com if you have questions about that process.)

I also like to tie the due diligence period to the WRITTEN acceptance date so that you don't risk your Buyer having money tied up in the property if the Seller "flakes out".  This is already standard in most states' contracts, but remember, you'll be working with lots of Seller exhibits and addenda that have control over the basic state form. 

Let me take this time to say that "Yes, Sellers of distressed properties do 'flake out'."  Frequently.  And without any apparent reason or logic.  Lately, I've heard lots of horror stories where Buyers relied on the Seller's verbal acceptances only to have the property sold to someone else a week before they were supposed to close, or listed for auction while it was supposedly "under contract" (but with missing signatures), or packaged and sold to an investment group, etc.  Sure, you'll need to allow additional time for the Seller to get you the signed documents when you're dealing with a distressed property sale--just don't stop working towards getting the signed documents and make sure your Buyer knows to limit the amount of money they put towards the deal until they have a signed commitment from the Seller! 

When You're Representing Your Buyer at an Auction

Whenever a due diligence period is not allowed, you must have your Buyer do their homework BEFORE they make the offer!  We all know that the auction process is the scariest for buyers, since it almost always offers the most risk.  Make sure that your Buyer understands the risks involved and encourage them to treat the auction as a trip to Las Vegas...I've even found myself using the words "Please don't gamble with money you can't afford to lose."  Hey, we want the business, but we also want to sleep at night, right?

Read the Fine Print

There's a closing attorney in Peachtree City that always says (when talking to Buyers about their loan paperwork),  "If you see anything in there that is in your favor, it's probably a mistake".   Boy, that goes DOUBLE for the Exhibits and Addenda that accompany a distressed property sale! 

Pay careful attention to what your Buyers are signing so that you can explain it to them and advise them on how best to meet their obligations!  As an example, Fannie Mae Addendums and most Corporate Relocation Exhibits have specific closing date performance objectives that could mean BIG FINES for your Buyer if they don't close on time.  When that's the case, you'll want to make sure 1.)your Buyer knows that and 2.)the Buyer's Lender knows that!

Don't Overschedule

If you just read my comments about performance objective clauses in the contract addenda, you'll know that there are cases where it can cost you a per diem amount when you are late to close.   The time to plan on avoiding those fines, though, is BEFORE YOU MAKE THE OFFER!  Here are the top 4 ways to avoid overscheduling issues:

1. Talk to the Lender to make sure that the requested close dates are attainable (before you make the offer).  Make sure you understand how long it should take for the Lender to get the file to closing. 
2. When making your offer, you should include a stipulation that gives your Buyer an automatic extension to the requested close date if negotiations extend past a particular time. 
3. Don't schedule near a bank holiday or the very last day of the month if you can possibly avoid it. 
4. Give your Buyer some wiggle room. 

More to come later!

Although it was passed unanimously by the Senate, there have been several disappointing revisions to the $15,000 tax credit bill once it was included in the package legislation known as "the stimulous package".  For one thing, it is no longer $15,000 but either $7,500 or $8,000 (several bits of information cite both numbers, so--as always-- look to your accountant for the final approved version).  It is also no longer for ALL homebuyers, but is only for first time homebuyers.  This is ALSO in question, so please stay tuned for details.  Unlike one of the other versions, the recapture, or repayment provision has been removed.

Our own Georgia Senator, Johnny Isakson, has introduced a bill to give almost ALL new home buyers (not just first time home buyers, but the home must be a primary residence so this isn't for the investors out there)  a significant tax break.  Mr. Isakson was a former realtor, and had first hand experience with a similar "housing crisis" in the 1970s.  The good news is that the Senate passed his proposed bill on February 4, 2009, and there are special provisions in the bill that will allow eligible home buyers to take the credit on their 2008 tax filing. 

In a nutshell,

• The tax credit is available for principal residence home buyers only but does not have to be your first home 
• The credit amount is to be 10% of the sales price, with a maximum credit amount of $15,000.
• The credit is available for homes purchased after the American Recovery and Reinvestment Tax Act of 2009 enactment, but there is a special provision that says that purchasers can take the credit in the 2008 tax year.
• The tax credit must be repaid if the property is sold or rented (remember, it MUST be your primary residence to qualify, so if you move out you are no longer eligible).
• The credit can be equally divided among 2 taxable years, so you can take a $7,500 credit for two consecutive years as opposed to one $15,000 credit
• This credit will be in lieu of the $7,500 tax credit that had been previously approved

Please note:  I recommend that you speak with your accountant or tax professional for additional details. 

Click here to read the actual $15,000 Tax Credit Amendment 

Click here to read the press release from the bill's sponsor (Johnny Isakson, Georgia Senator)