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Subject:
"Buyer credited $30k at closing - How to get these funds?"
Category: Business and Money > Finance Asked by: schwakti-ga List Price: $16.50 |
Posted:
17 Mar 2006 08:49 PST
Expires: 17 Mar 2006 18:45 PST Question ID: 708404 |
I am buying a home in California and because of some significant repairs and damage, I will be getting $30k credited back from Seller at closing. It is stipulated that these funds are given to a third party, preferably a contractor. I understand the reasoning for this, but I'd like to get all of that money now, so that I may manage it as I see fit. I'd like to access the funds to do repair over the next year or 2. Some have advised to designate a friend the "third party" and then they could simply give me the money. I would think there would be tax implications in a transaction like that. Is this something that happens with any great frequency in real estate transactions? |
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There is no answer at this time. |
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Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: probonopublico-ga on 17 Mar 2006 09:06 PST |
Have you financed the purchase? |
Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: schwakti-ga on 17 Mar 2006 09:12 PST |
Yes , I am am removing contingencies and moving toward closing. |
Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: probonopublico-ga on 17 Mar 2006 09:50 PST |
Then maybe your finance company could collect the funds and offset your interest accordingly. |
Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: schwakti-ga on 17 Mar 2006 12:09 PST |
Like I stated in my question, I'm hoping to manage these funds, perhaps invest them, to use to repair problems as they present themselves. I feel that paying on interest is of less importance than managing that amount of money on my own. |
Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: markvmd-ga on 17 Mar 2006 14:57 PST |
If you are not owed the money until closing, you cannot have it before then. What if you don't close? |
Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: schwakti-ga on 17 Mar 2006 15:07 PST |
"If you are not owed the money until closing, you cannot have it before then. What if you don't close?" - - thanks for your "help", I realise I'm not owed the money until closing... I'm trying to figure out what's going to happen at that point with the money...try reading the question... yes my question assumes that I am closing... thanks for you 2 cents. |
Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: markvmd-ga on 17 Mar 2006 16:09 PST |
Let me rephrase my response. The money isn't yours. You have no right to it. The situation is not much different from someone who "knows" they will be getting a tax refund in April but it is still October (the first person to mention form 4466 gets a poke in the ribs). You cannot receive the money from the end of the contract because there has been no consideration. You must give something up for a contract to be valid and you haven't given anything up... yet. If you want $30K now, you can ask the seller to loan it to you. (S)He will likely want interest and collateral other than the house you are buying... because you don't own that house. I doubt a sane real estate attorney would allow his or her client to give the funds in question to anyone except a bank to hold in trust. There is nothing-- not one thing-- to enforce your completing the closing and absconding with the money. |
Subject:
Re: "Buyer credited $30k at closing - How to get these funds?"
From: schwakti-ga on 17 Mar 2006 17:48 PST |
Mark - I really appreciate your input but you are not at all addressing my question. I am not trying to "get money now". My question pretty clearly asks: what will hapen AFTER CLOSING with credited money that must got to a third party and how hard is it to have this money come to me instead of to a contractor. Please understand I'm speaking about once we close, which I'm positive will happen. After the close... Thanks |
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