How to purchase property doing Seller's Finance

Question

I am trying to buy this portfolio of properties from this seller who is allowing seller finance. If anybody has any tips on the process...do I get the title company involved, do we write up a quit claim deed?

Cheryl Foster · Answer

@Andre Taylor Other folks in here may have a different explanation, but I can at least provide an example of seller financing that I offer.

For example, I have a Storage Unit Facility/commercial retail store/residential rental property for sale in TN and I am offering seller financing. I put seller financing on my website as one financing option (I put links to local banks/loan officers with whom I have spoken, in case a prospective buyer wants to investigate bank financing). Then I worked with our Chattanooga attorney, who wrote up a terms sheet, as well as a financial application and financial contract. A prospective buyer would sign a Non-Disclosure Agreement (protecting us both), and complete the financial application (includes references, credit check). I (seller) will then evaluate the application to see what purchasing terms I can offer. For example, if the buyer has a low-ish credit score and/or little previous business experience, then the person is a higher financial risk to us (has an increased likelihood of defaulting on the loan). To mitigate this risk, we may offer that person a loan with a higher interest rate and/or require a larger down payment, than someone who is a lower risk.  Ultimately, as s seller, I want the property to make money for the person, so s/he can, in turn, take care of the property and pour into their business. Keeping a low down payment and reasonable interest rate helps me, because the buyer keeps more money that s/he can use to succeed on that property.  This will increase the likelihood that my property will be cared for, and thus, I will continue to get paid the mortgage payments.

The buyer makes an offer (say $240k), defining what they can put as a down payment, and the terms s/he proposes. Then, for financing, I am likely to offer, say $15,000-$30,000 down on a $240k mortgage, with 5-7% interest, depending on the risk factors I mentioned. The prospective buyer will do their due diligence, and have their own lawyer (or use mine) review my lawyer's financial agreement (a mortgage loan, with me, the seller, as holding the mortgage). It will be titled in the buyer's name, and I will "be the bank," the mortgage/lien holder. It will all be registered as such with the county. The financial agreement (mortgage) defines that I reserve the right to inspect the property periodically if desired, to make sure the terms of the contract are upheld (no illegal operations on the premises, buildings and facilities well-maintained, approval is requested before renovations, etc.).

Tom S. · Answer

@Andre Taylor  Congrats on finding a portfolio of properties!

In summary, provided that the properties are owned free and clear, you'll get title and the seller will get a 1st position lien.  The note will outline the terms you agree on and you pay the seller, which is essentially the bank.  The title company or attorney (depending on your state) will handle all this.

The terms are whatever you agree on, put typically I do 10-20% down, 5% interest amortized over 30 years, 5 or 7 year balloon.  Of course if you can negotiate longer, all the better.  Most sellers don't want to wait, or cannot wait, the whole 30 years to get all their funds.

Only other tip, analyze the properties independent of the seller financing to make sure it's a deal.  Can't hurt to get them appraised as well, to make sure you're not overpaying.

- Tom

Alan Grobmeier · Answer

@Andre Taylor, title and escrow, YES!  You want to make sure you have clean & marketable title.  Do not EVER use a Quit Claim deed to transfer title from someone else to you.  I may not be a valid transfer.

Remember, a Quit Claim is that I am 'quitting my interest' to you.  What happens if I have no legal interest in the property?  I've just sold you 'nothing' for ca$h.  ;-)

Best of luck!

Dennis M. · Answer

Everything sounds great but the 12 month term . That is a joke . That’s not nearly enough time to get them cash flowing or even all the deferred maintenance you know it has ! You’ll need a year just to season it in the banks eyes

Andre Taylor · Answer

@Cheryl Foster thank you for that detailed break down.....you created a win- win situation for you and the buyer...I like that

Andre Taylor · Answer

@Dennis M.  if two out of 3 of the properties are already cash flowing thats not too bad of a deal.

Cheryl Foster · Answer

@Andre Taylor - Thanks, Andre. Mine is a proposed example, of course, and we hope we GET a buyer to take our seller financing. Yes, we structured it as a win-win for both sides but still need a buyer. If you present your proposal to the seller similarly to mine, and make it a win-win for both you and your seller, explaining it clearly that way, perhaps it will be a victory for both of you. Be bold - make the deal what you need it to be, & be organized in your presentation! You can do it!

Alan Grobmeier · Answer

@Andre Taylor, 12 months is a very short time to get those properties renovated, occupied and producing.  What happens in the event that you can't pay him off (or refi) in 12 months?  That could get ugly.

Cheryl Foster · Answer

@Cheryl Foster.  I forgot to mention that I would amortize the loan over 30 years, with the loan being due paid in full in 7 or 10 years (so loan payment of $1,000+). That allows awhile for the person to make improvements, keep the business going, and save up the down payment, to be able to refinance it (with a bank, partner, other funding) after the time is up. Of course, st the end of that 7 or 10 years, I, the seller, could always offer to renegotiate/extend the contract.

Andre Taylor · Answer

@Alan Grobmeier only one of the properties need rehab... the other two are occupied and producing income....I have the money in reserves to pay off the debt anytime.... .. I am about to start a rehab next month on one of my properties....I wanted to use the cash i will get from that refi to pay off ....rather use OPM and not touch mines

How to purchase property doing Seller's Finance

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