Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 7 years ago,

User Stats

152
Posts
65
Votes
Jay G.
  • California
65
Votes |
152
Posts

Family (Uncle) wants to sell me their home

Jay G.
  • California
Posted

My uncle approached me to purchase his primary home....

SUMMARY:

  • Home might be FMV $430k+ if it were in good condition
  • Home needs some significant repairs (leaking roof, ground settling, cracks - 100 year old house) 
  • Only major update was HVAC system 15+ years ago.
  • Family member would sell it to me $300k as-is
  • Home assessed at approx $160k right now
  • It's been his primary residence for decades  - he'll walk away with his $250k tax free capital gain.
  • It would become my primary home after 4-6 months of rehab (currently renting, but we sold a home exemption qualifying primary this year as well)
  • Uncle is the kind of guy who will give *someone* a fantastic deal on it (because it needs some big work) - so why not me? Also we'll be saving those agent commissions/markups. 

QUESTIONS:

  1. Is there any way to preserve that tax assessment through some kind of "family" transfer? (Assuming NO here... since Uncle)
  2. In case of "NO" above - if the county assesses a value higher than my purchase price, then.... (could this affect #4?)
  3. Does the IRS (or lenders?) consider an Uncle a "related person" ? or non-arms length transaction?  ( looked around publication 544 where they have a definition - and Uncle/Aunt/Niece/Nephew seems excluded here, but I've seen them listed in other sections before)
  4. If I got an appraisal and inspection and it came in over the $300k he would sell it to me - say $375k - could this trigger tax issues? (E.g. claims of equity gifting to me, or under/unreported gains to him, etc.)
  5. We'll definitely be putting $50k-$100k additional into a small addition, and total rehab. I would imagine this could also help "justify" any perception (on paper) of selling a house for a "very good deal"  ?

Asking here because very interested in proceeding, but I like to keep things on the up and up (no headaches, no nightmares)

I definitely don't want to leave any money on the table though. :)