Seller and Lender credit guidelines

Jay Vorhees at JVM Lending came through with another great topic recently, which I want to share with you below. It involves an oft-overlooked, but very important aspect of selling a home: credits to a buyer. Read on!

Here are a few quick reminders/guidelines for Seller and Lender Credits.

  1. If a credit is specified to be for a repair anywhere in a purchase contract, the repairs will have to be completed PRIOR to close of escrow. We will need to show proof they are complete with either an appraiser’s or a licensed contractor’s certification. Kristin: I handle it with a workaround by asking for a credit for closing costs on an addendum with no reference to the repair, see below.
  2. Credits for closing costs cannot exceed actual closing costs. Be sure to check with your lender to get an estimate for total closing costs. If there are significant transfer taxes and an impound account, the total closing cost figure can be substantial, creating much leeway for credits. Kristin: When the credit exceeds closing cost, I have combined it with a price reduction, usually credits are more desired, but this way you don’t lose any of the credit.
  3. Credits can be for non-recurring and recurring closing costs. There is no need to specify which. Credits can and should simply be for “closing costs.”
  4. Closing cost credits should be on a separate addendum, and not on a “Request for Repairs addendum. It is well known that Realtors substitute “closing cost” credits for “repair” credits, to avoid disclosing repair issues. But, this should not be made too obvious by putting closing cost credits on a “Request for Repairs” addendum (even if the Request for Repairs addendum does not specifically note any repairs).
  5. Make sure there are no large lender-credits in place already. We have had a few transactions grind to a halt because the selling agent negotiated a seller-credit for closing costs without knowing that we had already given the buyer a large lender-credit. As a result, the total credits exceeded closing costs, and we had to restructure entire transactions. Kristin: My recommendation is your agent should always be in conversation with your lender.
  6. Lenders need credits before they order loan documents. Many agents negotiate credits at the 11th hour when sellers are more willing to acquiesce. We, however, need to know about all credits before we order loan documents. If we learn about credits after loan documents are drawn, we have to formally re-draw loan documents. This both costs money and delays escrows. Kristin: The credit isn’t negotiated until it is time to remove the inspection contingency and if it is a shorter close, it pushes up on the docs having to be redrawn and then the buyer as 3 days review before they can sign loan docs which can push the closeout.

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