Greetings everyone,
Great and Bad news here:
The Great: I got an offer accepted for a cute MFH in Wakefield, MA. It is a very desirable area and the cashflow perspectives are very interesting.
The Bad: The property is listed as 3 units. However, upon closer examination, it is a 4 unit. A 2 bedroom basement has been built "extra", and all units have been rented for a bit.
The LOI added clause literally says: "Sellers make no representation to the legal number of Units"
I called the city building inspector, and surprisingly, he said that the home was listed as 2 unit, not even 3, let alone 4. Perhaps he could have been wrong or gotten something incorrectly, since the property was officially listed as 3 unit MFH. In addition, he was curt and borderline rude. When I tried to get some guidance, he simply pointed me to the common non-constructive advice: "talk to an attorney".
When I talked to my institutional mortgage banker, the conversation was much more friendly and cordial, but he was strict: we cannot provide a residential loan for a property for the advertised zoning doesn't match the book. If it's 4 unit, it has to be properly zoned as 4 unit. This is especially a concern since I was targeting a FHA 203K loan (about 10K initial repairs/fixes)
He said I would have to take the right measures to rezone it as 4 unit. But how can I do that when I don't own the property?
To that he answered: your best bet is to talk this through with the seller and try to come up with an arrangement so that he does it.
This deal is in trouble and the legal due diligence is coping with a hard red flag:
- On the one hand, my business instinct tells me to walk away because something smells shady and can have very bad consequences down the road.
- On the other hand, this is a very good deal for the following reasons
- Very good area
- Good cashflow, even if we were to ignore the basement and only consider 3 unit.
- This would be my first property, and location does matter, much more than a pure investment property
I would not be satisfied giving this up without a fight.
The question becomes: what can I do? I'm thinking of the following:
- Try to talk to the seller directly to ask him to properly rezone the property, even if it were to be at my own cost
- Take the required prerogatives to rezone the property myself (assuming I am even allowed to do it)
- Present my case to a non-institutional lender to get some flexibility in terms of lending. Afterwards, close on the deal and take a risk in case the city were to decide that one (or 2?) or the units were to be closed.
I am sure there are some checklist items we can conduct for a case like this. If you have any other thoughts or recommendations, I would appreciate to hear them.
Thanks all