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Does it matter which loan a buyer uses when asking a seller to cover expenses?

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12/01/2014 | Author: Editorial Staff

I submitted an offer on a home for my client and included the Third Party Financing Addendum for Credit Approval for a conventional loan.

In Paragraph 12A (1)(b) of the TREC One to Four Family Residential Contract (Resale), we wrote that the seller would contribute to the buyer’s expenses not to exceed $1,500. The listing agent told me I cannot put a seller contribution amount in this paragraph because the buyer isn’t seeking an FHA or VA loan. Can the seller contribution apply to a buyer’s expense in a conventional loan?

Yes. The language in Paragraph 12A(1)(b) does not restrict the contribution based on loan type, but does provide an order in which a seller’s contribution will be applied. If there are not any expenses that the buyer is prohibited from paying by a governmental loan program, then the seller’s contribution would next be applied to the other buyer’s expenses as allowed by the lender. Paragraph 12A(2) defines “Buyer’s Expenses.”

Categories: Legal
Tags: loans, legal faq, contracts

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