Subject to - what happens to the seller?

Subject to - what happens to the seller?

Real Estate Investor · Newport Beach, CA · Member since 2008 · 30 posts · 0 votes

"Subject to" deals sound like the holy grail. The seller gets to sell (and likely at a decent price) and I pick up a house without spending (much) money. If it can be rented to cover and eventually be sold at a profit, all are happy.

However, I was wondering what happens to the seller in the meantime? He would obviously still have the mortgage on his credit - I assume this would significantly lower his possibility of buying a new place and maybe even his ability to rent a home?

Also, is the end date of the contract always a fixed date (e.g. we will sell the house exactly 3 years from now) or is it more of an option to sell anytime before the expiration? (If the latter, I assume longer contracts would be better...)

Thanks!

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    17y

    Yes, the loan will stay on the seller's credit. I've heard you can provide documentation for the purchase agreement and cancelled checks and get a new lender to consider this when evaluating the seller's ability to get a new loan.

    As a buyer, you'd just as soon the agreement to totally open ended. The seller may not accept that, and may want a specific end date.

    You'd certainly not want to have any prepayment penalties. If you have a three year agreement, you want to be able to sell at any time.

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