vendor financing

If someone gets a vendor to finance his deposit of 20%, will the lender lend the remainder? Assuming if

(i)one does not have equity nor savings.
(ii) has equity but does not want to use it in this deal
(iii) has savings, but below the required deposit, and does not wish to use it for this deal.

What will happen for each case above?
 
Hiya

Yes there are some lenders that are a little more expensive that will allow 20 % to be left in. BUT few will allow a second mortgage on that basis only a caveat and they dont like that either.

The difference btwn a caveat and a mortgage is that a caveat is an instrument that cant force sale of the property, it only prevents further dealings, whereas a mortgage can be used to force sale of the property in most circumstances

ta
rolf
 
kristine,

for the fees, i can use my own savings.

I am currently looking at such a deal, and am considering how am i going to get it done.
 
Hi Rodimus

The use of money as a 'deposit' is not to be confused with other terms and conditions of a purchase.

A 'deposit' is only used as money to 'clinch the deal' and is not a legal requirement. The Sale of Land Act limits deposits to 10% but does not mandate that a deposit be paid.

It is important to be clear that the payment of deposits is normal commercial practice but is not law. One important reason to pay a deposit is when a third party, such as an estate agent, is involved. By paying some of the purchase price as a deposit it means the agent can deduct their promised fee from that money and forward the balance of funds at the vendor's direction.

The 80% Loan to Value Ratio is common lending practice but again is not law.

Most, but certainly not all, lenders will insure the loan against default when the benchmark 80% LVR is exceeded. The borrower pays a once-off premium and many lenders will even lend the borrower the money to pay the premium.

Loan to Value Ratios depend on the lender. Some will go to 100% of the Contract price (depending on valuation), many will go to 95% and will lend the insurance premium, bringing the LVR to effectively 97% of valuation.

If you are looking at finding a vendor who is not selling their property to buy somewhere else, or is otherwise conveniently capable and willing to wait some time for 1/5th of the sale price - $20,000 per $100,000 of sale price - then perhaps you will be missing out on properties which suit your needs because the owners want to be paid the full amount by settlement.

And that would be the great majority of owners.

So why not explore the higher Loan to Value Ratio loans? Costs of 6% plus 5% 'gap funds' means you will only have to have about 11% of the purchase price, don't have to get involved with all sorts of complications, and can make offers to buy without having to have all the 'leave money in the deal' negotiations.

You can get pre-approval on loans and the pre-approval is valid for 90 days 'subject to valuation' of the property you eventually buy. This makes you effectively a 'cash buyer' and give you far greater negotiating power than trying to get the owner to finance you to buy their house from them!!

I am not making any comment on what you want to do with the property, simply the mechanics of purchasing properties.

Equally, there are low documentation loans to 90% LVR which do not have a mortgage insurance premium, so you would need 6% costs + 10% gap = 16% in funds / available equity to finance a purchase with a simple residential first mortgage with one lender.

Remember: Buying property is very simple stuff. 'We' have been trading property since Babylon. Financing property is the easiest of all financing because of the prime nature of the security - residential real estate. With some loan products you do not even have to demonstrate serviceability (depending on LVR).

Rodimus, you wouldn't use a hammer to change a light bulb, so instead of doing it the hard way - finding vendors, negotiating deals etc, why not become very familiar with the different types of finance available to you and use the right tool for the job.

Cheers

Kristine
 
vendor finance

hi guys,we actually have properties which we r prepared to leave the deposit in as we sell them.does anyone know of legal obligations of us as vendor pertaining to this?ie does th consumer credit code apply?or would u just make up a standard aggrement between your self and purchaser?we would be looking at leaving approx 10 %of sale price in as vendor finance.any advice would be appreciated!
thanks!
 
Hi,

The consumer credit code only applies if you're in the business of providing credit. If you wish to sell your principal place of residence with some vendor finance then that is ok.

Although in Western Australia, a person was fined for not being licensed as a credit provider even though that had only sold one property, their arguement was that the person was selling their home in a business like manner (?)

And I cannot comment in South Australia, under their laws any contract deemed to be an installment sales contract is illegal by law. Though I am curious to know if developers there offer 100% finance for house and land packages and whether lenders such as Bluestone or St George are offering Reverse Mortgages.

In essence though, the code does not apply for personal sales.

Regards
Michael Gruber
 
One problem you can have buying a house with vendor finance, is that some lenders won't touch it. I have found that if you're borrowing lo doc/no doc, you can forget utilising some vendor financing.
Full financials might be a bit more flexible.
 
hi guys,does any one know what laws apply in queensland?we do plan to do this as part of our investment strategy,so i guess we will b in the buisness of providing finance.how does this affect things?
thankyou
 
Fit

I am assuming that you do not intend to sell more than 6 properties a year in Qld. If you do then you will be required to be licensed.

Leaving a deposit in the property is how we stred Vendor Financing in 1996.

Since then we have acquired and wrapped over 148 properties in Qld and use this technique in mnay of our developments.

Depending on the relationship you have with your own Bankers they may consider financing your purchaser. Our Bank which is one of the Big 4 is fully aware of the activities of our organisation and have funded most of the properties we have wrapped.

PM or email me if you want more information.

Regards

Richard
First Home Owners Group
richard at fhog.com.au
 
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