buyer credit on commercial loan

[Pat Zorne]

I have a client who is purchasing a commercial property valued at 3,000,000 for 1,500,000. The seller is willing to raise the price to 1,800,000 and credit the buyer back 300,000 at close of escrow so that the buyer will have money for reserves and whatever. The buyer is getting either a hard money loan for the full amount or a 95% LTV type loan. Would this be considered mortgage fraud if the lender did not know about the credit?