I am negotiating the purchase of a multifamily apartment building (over a month trying to put together structure and find guarantor). In order to get the seller the price needed we are attempting a structure below...any help-advice or recommendations greatly appreciated as I already have a partner to guarantee loan and need to keep moving forward and get a PA signed.
Using round numbers for ease:
Agreed upon purhcase price $100,000
Bank finances 80% (takes first position) at $80,000
Seller carries back 20% takes 2nd position ($20,000) on single pay note due no later than 5 years after close, so no debt service on the carryback to include (verified with a couple banks I have called)
The seller would forgive the 20% carryback debt after loan close, which would make the 100% finance.
After consulting with accountant, forgiving the debt would mean I would need to pay tax on the forgiven amount and the seller would need to go through various steps to evidence I was not able to pay the debt...filings, recordings, judgements.
Myself and the guarantor would put down a 6 month reserve account and pay closing costs with cash.
Quarterly distributions
I have also considered letting seller keep rent deposits to reduce price?
Does anyoe know a way around this or another option? Could we execute a personal unsecured note outside of close that would be an addendum to the purchase agreement we give title company and bank or is this not a good concept?
Thank you!