All Topics / Finance / How to Complete the Conditions in Offer Letter for 25% Vendor Financed Property

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  • Profile photo of donWdonW
    Member
    @donw
    Join Date: 2009
    Post Count: 21

    Hi all,

    I'm in the process of finalising a creative deal to purchase an IP. I really need some help in filling up the Offer letter, especially to include financing terms.

    The deal:
    1. 25% vendor financed at 5% for a term of 5 years
    2. Vendor pays the borrowing costs and the purchase pays it back to the vendor on settlement. (by borrowing 75%+ borrowing costs from a Lender)

    Let me explain you the scenario with an example.

    Purchase price:  $ 500,000
    purchase costs: $   20,000
    Vendor finance: $ 125,000 ( 25% of the purchase price)
    Borrow from Lender: $ 395,000 (75% of the purchase price + purchase costs)

    Can any of you please tell me how to write an effective and correct offer letter for such a scenario. I would like to know answers to the following questions;

    1.What to put at the purchase price in the contract? (is it $500,000 or $520,000 as the idea is to borrow purchasing costs indirectly; would there be any legal issues in doing so?)
     
    2. How to address the conditions for this case? Should I specifically write down all the values in the Offer letter or can I wait till the contract signing stage to go in to detail?

    3. I have written up some conditions already

    a.Subject to Finance.
    b.Subject to Building approval.
    c.Subject to vendor finance of 25% of the purchase price, at 4% annual fixed interest rate and a 5 year term.
    d.Subject to vendor pay the borrowing costs, which will be settled by the purchaser on the settlement date.

    Is this valid?

    Please share your expertise in this regard with me.

    Cheers
    Don

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Don

    Quick question for you. What lender will allow a Contract where you are borrowing 25% from the Vendor.

    I appreciate the inventiveness but it is not as easy as that these days.

    Banks require full disclosure and as soon as they see you are securing a 2nd mortgage over the property from the Vendor think you will find they will run a mile.

    Richard Taylor | Australia's leading private lender

    Profile photo of donWdonW
    Member
    @donw
    Join Date: 2009
    Post Count: 21

    Hi Richard,

    My intention is to provide a personal guarantee for that 25% instead of using the property as a security. By doing this I expect the lender to be ok about the Vendor financing.

    Have you come across any similar situation in recent times where the lender denying to go ahead? 

    Do you see any other possible and LEGAL way to make this deal a reality?

    Cheers
    Don

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Hi Don

    The lender will want evidence of where the funds to complete will come from and a vendor loan will not be accpetable.

    Secondly if i was the Vendor then i certainly would not take a PG without security. I am sure his Solicitor will advise him to take a 2nd mortgage to protect his interest.

    Richard Taylor | Australia's leading private lender

    Profile photo of donWdonW
    Member
    @donw
    Join Date: 2009
    Post Count: 21

    Hi Richard,

    Thanks for sharing your views. It helps to do more research on things I need to know better.

    Cheers
    Don

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi Don

    I agree with Richard. These days the lenders will not like this sort of deal.

    What you are doing is essentially borrowing the $125,000 from the vendor. So I would suggest you need a separate contract for this and leave the contract of sale for the property as is.

    Maybe a verbal offer with an explanation is better than a written one. And you should be using a solicitor to do it in case your offer is accepted.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 6 posts - 1 through 6 (of 6 total)

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