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Updated over 1 year ago on . Most recent reply

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Robin McMullen
  • Maui, HI
0
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11
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Cash to buyer if Seller Assist exceeds limit?

Robin McMullen
  • Maui, HI
Posted

I've just sold a house in Pennsylvania and offered a seller assist of 3%. At closing, I was informed that the buyer's lender has a 2% seller assist limit. So the house sold for the original agreed upon price, however, the seller assist amount was 2% instead of the previously agreed 3%. After closing, my realtor, who is representing both buyer and seller, said that I need to pay that extra 1% in cash to the buyer. I understand how this works out math wise, however, there will be no documentation/receipt for this payment and that is making me feel uncomfortable. I'm concerned that I will be paying tax on this 1% since I assume that this would be considered a cash gift to the buyer? 

Thank you in advance for any advice on how I should respond to this situation

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17,425
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
30,066
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17,425
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

No. Cash can not be exchanged outside the transaction. It was the buyers responsibility, and their agent to know what the seller subsidy limits were. If it was 2%, that tells me they are using an investment loan to purchase, as thats the limit.

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