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 ‘EzeHomeBuyer’ ™
(ISBN 0-9734121)
HOW TO BUY OR SELL ON GREAT TERMS
by C. Eshom
Update 02-2021:
Prices may appear to be out-of-date in this information, however the methods and tips described are as valid today as ever, perhaps even more so! If you find this (lengthy) instructional post useful, please make a donation, thanks!

FORWARD

Home ownership is a basic human desire, perhaps even a need.

Yet there are tens of thousands even in the United States who believe they
will never be able to own their own home. Does this apply to you also?
If so, please take heart, this informational posting is especially suited for you!
If you have regular source of income, the following example will show you
how to purchase your own home, regardless of financial limitations.

All that’s really needed is the right tool. For example, did you ever try to
change a flat tire without the help of a correct sized wheel-nut wrench?
Using that wrench is a fairly simple matter, but without it, there is almost
no way to get the leverage needed to remove those nuts!

The purpose of this posting then is to equip you with the leverage
you need to deal with today’s real estate market, using whatever income
or savings available. This information is solidly based on twenty years of
personal and professional experience in real estate, including my own
purchase of (exactly) twenty individual residential properties in the U.S.
and Canada, some of which were multi-units.

HOME FINANCING ALTERNATIVE

The great majority of home buying today is based on mortgage financing.
These loans are provided mainly by Banks, Savings and Loan Co’s., or
Credit Unions. Unfortunately, a large number of prospective buyers have
their dream of home ownership quickly trashed by the hard realities of
Mortgage loan qualifications.

Even if they do qualify, high costs of arranging conventional mortgages,
often added on to these loans, may severely restrict future enjoyment of
these heavily mortgaged homes.

And for exactly the same reasons, Sellers often find it difficult to sell their
property, even to willing Buyers, owing to mortgage loan restrictions and
payout penalties among other things. In other words financial barriers.

Is there a viable alternative for both Buyers and Sellers? Yes indeed, read
on!

As with most good ideas, the answer is not a deep dark secret. Described
by some as creative financing, it is however, relatively unknown, often
misunderstood, and rarely used! This is true even among so-called
knowledgeable real estate Brokers and Sales Agents.

As you will see, creative financing is a leverage tool with virtually
unlimited real estate potential! Not only can it make your home ownership
dream come true, but with a little imagination the same method can be
employed to purchase property of all kinds. It need not be limited to home
ownership alone for those who truly take this information to heart and use it
with a confident and creative attitude.

The following will serve to introduce you to the basic concept of
‘wrap-around’ creative financing. The benefits of this Seller financing
method apply equally to Seller’s, but for clarity I will illustrate the method
from a Buyer’s perspective with a common, real estate purchasing scenario.

FINDING YOUR HOME

Lets assume the following real estate newspaper ad has attracted your
attention;

Rancher Beauty!
Immaculate 2 bedroom, 1 1/2 bath, Rancher
on beautifully treed and landscaped lot.
Excellent location, near shops and schools.
Asking price $125,000. Call now..
Quick-sale Herbie at xyz Realty Co.

Calling the Real Estate Agency, you question the Listing Salesperson and
learn the owner has an existing first mortgage loan balance of $60,000.
His mortgage payments of $425. per month include 7% interest (per year).

This means the desired cash down payment is:
($125,000. – $60,000.) = $65,000. But a down payment of $65,000.
is clearly out of financial reach for a great majority of home buyers,
including you for puposes of this illustration at least.

Realizing this fact, the Salesperson naturally questions you about your
financial capacity, perhaps suggesting a lower down payment of say, 25% of
the full price, or $31,000.

His idea being for you to apply for a new first mortgage loan of $94,000.
(i.e. 31,000. + 94,000. = $125,000. full price). If you qualified for that loan,
and the interest rate is still at 7%, your payments would be around $665. p.m.

Possibly you have already experienced a similar situation. As with many
others, you may have concluded there simply was no hope of purchasing
such a home because; 1) you don’t have the suggested 25% down payment;
or 2) you don’t have sufficient income to qualify for a larger mortgage loan
with lower down payment; or 3) both!

If you can relate to this situation please take heart. The following steps
illustrate a highly effective alternative method which can enable you to
purchase a residence of your choice despite such financial barriers.

OBTAIN NECESSARY INFORMATION

In Real Estate as any other endeavor, relevant information is key to success.
Gathering useful information is step number one in this creative finance
process also, and it will be crucial to your success.

You must tactfully and intelligently gather sufficient information about your
chosen property, and most important, you need to learn as much as possible
about any future plans and goals of the Seller, before formulating your offer
to purchase.

This can best be accomplished by:

a) asking tactful questions while viewing the property with or without an
agent;

b) carefully questioning the Listing Salesperson apart from the owner,
and/or;

c) by directly contacting the Seller yourself * preferably after you have
been introduced through an Agent, (or personally if its a private seller).
Remember; the more information you have in advance, the better equipped
you will be to proceed to the next steps.

• Note: contacting a Seller directly may bruise the listing
  Salesperson’s ego if he has the property listed, but there is no law against
  talking to a Seller without the Salesperson being present.

However you handle this, it is vital that a rapport is established between
Buyer and Seller in order to build personal trust!

You will find that most Sellers are quite open about their future plans,
especially as you are showing sincere interest in their property, and if you
are tactful, well groomed, and polite.

However, it must be said that if a Seller, (or Buyer) is unwilling to share
personal information with you, perhaps avoiding your questions about his
future plans, or insisting you deal only with his Sales rep, you may be better
off to resume your search for the ideal home, and Seller.

Please Note: While it is preferable to find a Seller who’s personal
circumstances lend themselves to a creative financing proposal, you can be
sure there is no lack of such Sellers regardless of market conditions.

Again, from the Buyer’s perspective for sake of our illustration, in the
course of your conversation with the Seller two (common) facts may be
mentioned;

(1) he is soon to be retired, with pension income, (and will not therefore be
totally dependent on cash coming out of the sale of property to support him)
and;

(2) he is presently purchasing a motor home from current savings, and has
plans to travel extensively after he sells his property.

Again, it is no exaggeration to say this is a very typical scenario today!
It is also true that many other Seller’s circumstances will be compatible
to the creative financing proposal besides what is illustrated.

E.g. click on this link while connected to the internet for more
information on creative financing. or copy and paste this URL into your
browser: http://affairsoflife.com/new_page_12.htm

continuing with the illustration:

FORMING YOUR OFFER

Now that you have the necessary information about the Seller, we will
assume you discussed the pro’s and con’s of the property in question with
your family members. You have assessed all the basics such as desireability
of location; neighborhood amenities; such as employment, schools, shopping,
transportation; and physical layout and condition; all of which you have
determined to be agreeable to you and your family.

In addition, you have carefully calculated the very best cash down payment
you can muster is, say, $15,000. (provided you sell that second car, or the R.V. you only use
twice a year, and perhaps borrow something from parents, friends, or a
relative.)

We will also assume that your present family income will allow a maximum
payment of, say, $775. per month, keeping in mind there will be annual
property taxes; insurance; and upkeep expenses associated with your home
ownership also.

Click on this link, or copy and past into your browser while connected to
the internet for some excellent financial assessment help:
http://www.ourfamilyplace.com/

MAKING YOUR MOVE

Having cautiously determined you can secure a modest down payment of,
say, $15,000. and monthly payments of $775. what is needed now is a
clear understanding between you and the Seller, preferably in a written
draft-offer format.

In other words; simple, clear, communications is your next
essential step.

If a Realtor has the property listed, he or she will have to be involved in the
offer process. But first you need to rough out the idea yourself, in writing,
so there are no doubts in your mind how your offer will look when in final
form.

You will only need to obtain legal assistance when you finalize the purchase
And based on my own considerable experience, a qualified Notary Public
is usually quite capable of providing all necessary legal protection for both
Buyer and Seller. More on this later.

To continue with our illustration; now that you have all the information in
hand, or in mind, your ready to take the next step and make the formal
written commitment, namely the ‘interim’ purchase offer.

Calling the Salesperson (or the Seller if he’s acting without a Salesperson),
you arrange a meeting to make an offer on the previously viewed property.
Most sales people will prefer an office environment to meet and discuss an
offer with you because they believe they will have more control over the
written offer. For that same reason I highly recommend you insist on
meeting in your own home, or some neutral location instead.

Unfortunately there are also a few eager-beaver Salespersons who may try
to browbeat a new buyer into terms that are unsatisfactory in order to please
the Seller. Therefore you must be firm!

So now your ready to write or dictate the following as per our illustration :
Here is a sample of an (abbreviated) offer to purchase according to our
illustration:

I (your full name) of (address) on (date) in (City)
OFFER TO PURCHASE (Address) (legal description):
FOR THE FULL PURCHASE PRICE OF…………………….. $125,000.
WITH CASH DOWN PAYMENT OF…………………………… $15,000.
BALANCE OWING THEREAFTER………………………….. $110,00 0.
TERMS ON THE BALANCE Of $110,000. SHALL BE AS FOLLOWS:

“The balance shall be payable directly by wrap-around contract to the Seller
in equal monthly payments of $777. per month including interest at 7 % per
annum, on a 25 year term.”

“Buyer also agrees to pay annual property taxes so long as he has exclusive possession of the property” etc.
Does it look too simple? Good, that is exactly what you want! Assuming
neither Buyer nor Seller are Philadelphia lawyers, simplicity is the prime
ingredient for all successful creative financing proposals! Please read on.

Above all, do not be intimidated, discouraged, or distracted, by any attempt
to cast doubts on your creative proposal. Many real estate people suffer
from an inflated opinion of their own importance in real estate negotiations,
and it must be remembered that nearly all sales commissions are paid by
Sellers.

As mentioned, its essential that buyers fully determine terms and conditions
before sitting down to formalize an offer to purchase. Remember; you are
the architect of your creative terms and conditions and so you must remain
in complete control of your offer at all times.

Whether or not a Salesperson is impressed by your offer, there is both a
legal and a moral obligation for him to present it to the Seller without bias,
no matter how he rates the chances of acceptance.

Of course the chances of Seller acceptance may be improved if the Sales rep
is onside with your offer, and most qualified Salespeople will, in fact, do
their best with any genuine offer they receive. So once again, maintain your
resolve!

After dictating your written offer, for legal purposes, you will be required to
submit a money deposit of some kind. The amount is entirely optional, but
along with your written offer, it provides proof that you have full intentions
of forming a legal and binding agreement with the Seller.

E.g. a check for five hundred dollars payable to the real estate Agency in
trust, deposited upon acceptance of your offer, is usually quite acceptable
(even though Salespersons will often seek a larger security deposit).

The Salesperson must ensure the common address and legal description of
the property are properly referenced on your written offer. If there is no
salesperson involved, the Seller will usually be able to provide that
information from insurance papers or other documentation.

You may obtain Real Estate Offer to Purchase forms from many
stationary stores,

THE SELLER’S VIEWPOINT

Once you have done your homework, and made your written offer, success
fully rests on the Seller’s viewpoint. In order for this to be an informed
viewpoint we will now consider this in some detail.

First of all, once accepted by the Seller, these offered terms will create an
entirely new and unique contract between Buyer and Seller alone. Of
course there is room for negotiation at this formative stage. For example the
Seller may wish to add a condition that all or part of the Wrap-around
financing amount becomes due and payable in full at some future date, say
in five years for instance, this is known as a ‘balloon payment’.

A balloon clause, simply places the Buyer under an obligation to refinance
the property, or perhaps locate a new lender, on a specified date.
This is a condition that the buyer must consider carefully since the
property could be repossessed, and returned to the seller, if the payment
is not met on that date. However in many cases it is a calculated risk
that a Buyer can live with, given the outlook for future increases in
property value, since he will have the option to sell and retain equity
build-up until that time.

In other words if the value of property continues to rise prior to the due date
for a balloon payment, the buyer will have more opportunities to renegotiate
financing, with or with out the Seller, at that time.

The balloon payment can be an important motivating concession to the
Seller, but each home Buyer must understand the risk/benefits before
agreeing to this condition.

As you can see there are opportunities on both sides to negotiate individual
terms and conditions while at the interim Offer to Purchase stage.

In our simple illustration, a creative wrap-around contract is customized and
tailored to suit you r financial situation, and the Sellers, on a home of your
choice.

The monthly payment will provide the Seller with an income of $350. per
month (net), because he will be obliged to continue making regular
payments on the existing mortgage, i.e. $ 775. less $425 . per month = $350.
p.m.

Note: If real estate agents are involved, they may wish to write this in
as a condition in your written offer.

Seller’s must clearly understand that they will be required to continue
with payments on existing mortgage financing during the term of your
wrap-around agreement, with the option of paying it off at his discretion
according to the whatever terms it contains. So long as both parties
clearly understand that the existing mortgage financing will remain in
place until paid off, well and good!

(While the essence of this purchase method relates to a home and Seller
with an existing mortgage, certainly the general principle can be applied to
any direct-purchase/sales contract for real estate that is clear title, i.e. having
no loans outstanding. In that case the Seller would be the sole note holder,
or lender. However, as said, its the intention of this posting to explain the
wrap-around creative owner-financing technique.)

To review;

The Seller’s existing mortgage is a personal loan as well as a lien on the
property until fully paid off. Therefore your contract will simply wrap-
around that debt. His mortgage obligation precedes your contract with
him, and in that sense takes priority.

This is a powerful, creative, way for the Buyer and Seller to finance
the sale of property without having to qualify for either the existing loan,
or another first mortgage.

However, a sales agent, or the Seller, may want to add the conditional
clause: “on approval of credit” as a condition of your purchase offer.
If you accept this condition, the Seller will have the option of proceeding,
or withdrawing, from completion of the sale if the Buyer’s credit doesn’t
meet with his approval.

This is where the value of your initial contact with the Seller comes into full
view. If you have been honest and forthcoming with the Seller, building his
trust and confidence in you prior to presenting the offer, you may be able to
minimize the importance of a credit check regardless of your credit history
(or the lack of it) so that this condition will be waived by the Seller.

Even if the Seller, and/or his agent, insists on including the on approval of
credit condition, always remember that the decision as to whether he will
cooperate with your wrap-around contract proposal rests entirely with him
and no others!

At first glance the idea of a Wrap-around contract agreement may
not appear very appealing to the (uninformed) Seller, but closer
examination should convince him of several significant advantages,
such as the following;

1) To begin with, the Seller is not required to pay off his existing mortgage,
even if the existing mortgage contains a ‘due on sale’ clause, (more on this
issue later), since formal title to the property will remain in his name.
In fact the Seller may actually be thousands of dollars ahead as a result of
this feature alone. This is because there is usually a bonus of interest, or
discharge fee, (or both) when the mortgage is pre-paid before the due date.

2) The Seller will most certainly appreciate the full price being offered.
Assuming the full price is within the ball-park of market value for the
property, no attempt will be made to whittle on his price. Not only does
this give the Seller bragging rights with friends and family members that
he has obtained his asking price, but the Buyer clearly demonstrated good
will in his eyes also. This concession, in exchange for good terms for you,
will give the Buyer a strong edge with most Sellers since cash offers are
usually ‘low-ball’ offers.

An ‘all-cash’ buyer would most likely try to obtain a reduction from
the asking price, likely 10-15% or more!. In addition, with a cash sale, the Seller would be obliged to pay off his existing
mortgage, and quite likely pay a ‘bonus of interest penalty’, as mentioned.

3) Another thing the Seller should greatly appreciate is that, in you, he has
a ‘genuine’ Buyer, someone who is ready, willing and able to buy on specific
terms and conditions, right now! Your offer does not require third-party
approvals, such as a mortgage company. Again, this is usually much
preferred by a Seller, compared with waiting for another purchaser with
more cash to come along at some unknown future time.
Adding to that wait are the uncertainties created with other (non-cash)
Buyers who will likely have to obtain approval on a new mortgage
application.

In sharp contrast, your private contract proposal creates no uncertainties
for the Seller. All terms and conditions are decided right at the time of
accepting the offer!

In addition, legal fees for drawing up the contract are at a minimum,
thereby eliminating fears of unexpected extra costs that frequently
crop up when third-parties are involved with a real estate transaction.

Note: real estate commission, if involved, is payable by the Seller but this is
also a negotiable item – and don’t allow a Salesperson to say that it isn’t!
Also, as per our illustration, since the Seller probably would have typically
reinvested any extra cash he might otherwise have received from sale of his
property in some type of interest bearing annuity, or the stock market.
Therefore he may be much better off with your agreement, both investment
and income tax wise. After all he knows the value of his own property and
may very well feel more secure having his money remain invested there,
rather than in some other unknown new investment vehicle.

4) Income tax considerations could be a very important benefit for the
Seller with this creative financing method, since he is not obtaining a
lump sum capital gain at the time of sale, therefore he should be
encouraged to seek an accountants advise about this.

To summarize;

Finding a willing seller as described in the foregoing example is by no
means unrealistic, in fact many Sellers will quickly realize that a creative
Wrap-around contract proposal can provide excellent financial advantages
and benefits for them.

Of course benefits to the Buyer are self-evident. Even though title does not
transfer until the wrap-around contract is eventually paid off, the Buyer will
have privacy of ownership; equity build-up; appreciation potential; and the
right to any income or other benefits derived from the property during the
term of the contract!

RIGHTS AND OBLIGATIONS

The $15,000.cash down payment in our illustration provides firm evidence
of Buyer commitment to make good on monthly payments. Remember this
is simply a suggested amount for purposes of our illustration only.
In fact there is no such thing as a minimum down payment requirement for
the creative Buyer. You may offer whatever cash down payment, or assets
in trade, you may have available, simply use your imagination!
The main point is that you must convince the prospective Seller of your
sincerity, not your liquidity.

As mentioned; if a Buyer were to default in his monthly payments, the
Seller may simply repossess the property – similar to, but even easier
than a mortgage company – resulting in the loss of down payment,
and subsequent monthly payments by the Buyer.

Court time and legal costs to repossess property are at a minimum for a
Seller in the event of repossession, because legal title to the property
remains in his name until the Wrap- around contract is eventually paid off.
While the Buyer has exclusive possession of the property, his ongoing
‘right-to-title’ is guaranteed as long as he continues to keep up
payments according to the terms of the wrap-around contract with
the Seller.

As an inducement for the Seller, it might
be stipulated that this condition will be coordinated with the Sellers
own mortgage payout terms, such as balloon payments he is permitted
or required to make in his mortgage. From the buyers point of view this
is a good clause to have in the event you were in a position to pay off
all or part of the contract through some unexpected cash windfall, or
even if you should decide to re-finance.

And with respect to refinancing; bear in mind it is far easier to
refinance a home in which you are the resident-purchaser than when
you are a newbie first-time home buyer. Indeed, your options are
significantly enhanced once you have obtained possession and
occupy the property!

As discussed, the Seller must maintain his payments to his prior mortgage
company. If he should fail to meet that obligation, the Buyer can assume
this role, making payment and then deducting the amount from your own
payments.

Whenever the contract is paid off in full, formal title to the property will be
registered in your name only. A Notary Public is well qualified to advise
you on legal details, it isn’t rocket science.

I will mention only one other legal issue that is commonly believed to
obstruct Wrap-around contracts, namely, the dreaded, ‘due on sale’ clause
which is frequently found in the underlying (original) mortgage document.
While this condition states that the entire balance remaining on the
mortgage becomes “immediately due and payable in full upon sale of
the property”, or words to that effect, do not let this overly concern you or
the Seller.

Happily this condition is not legally applicable in regards to the Wrap-
around contract. This is because the property ‘title’ is not being
transferred until your private wrap-around contract is fulfilled and
paid off. Until that time the title remains in the sellers name.

Therefore the ‘due on sale’ clause is really a non-issue, as experienced
Notary’s will advise you and the Seller. As said, the Wrap-around
financing contract is specially created between Buyer and Seller alone.
This means that, normally, unless an assumption clause is included in the
contract, (another option in my custom wrap-around form), re-sale of the
property prior to full payment, requires the written permission of the Seller.

With the assumption clause the Buyer has more control of his interest and
can re-sell at any time. Of course Buyers may sell their equity interest in
the property at any time with the Sellers approval. (In which case the
Seller would have the right to negotiate new contract terms with a
new Buyer.) Alternatively; a new Buyer could arrange a new mortgage
in order to pay you and the Seller off in full, i.e. to pay off your Wrap-
around purchase contract in full.

As you can see, there are many future possibilities pursuant to this
form of purchase contract, all of which adds to its practicality and
usefulness.

Its truly amazing how few people are aware of the opportunities creative
financing contracts can open up for them, such as the one illustrated in this
posting. And don’t forget about all those other great creative alternatives
for those who wish to really learn more about real estate investing. Search
the net for details.

Even experienced real estate agents are often poorly informed about such
practical and direct methods of selling property. Many seem to be mentally
handcuffed by mortgage lenders who frequently dictate difficult terms or
qualifications for both Buyers and Sellers. (Another contaminating issue is
that mortgage company’s often pay referral fees to real estate agents!)

FINAL SUMMARY

The type of creative financing illustrated in this informational posting is
known as the Wrap-around purchase contract. It is variously described as
Agreement for Sale, Right to Purchase, Purchase Money Contract and
Turst Deed, Agreement for Deed, and all-inclusive Trust Deed; or some
other terminology depending on property jurisdiction (Country,
State, County, etc).

However, these legal terms need not, and should not, overly concern either
the Buyer or Seller provided you keep your preliminary (interim) agreement
simple, and in writing!

I cannot over-state that it is the Buyers main objective to lay out a specific
contract in straight-forward terms, leaving any required legal contract
terminology for an experienced Notary Public.

Whatever you do, please do not allow Salespersons, Lawyers, Relatives,
friends, or anyone else, intimidate or discourage you from pursuing creative
finance opportunities – such as a home of your choice.

Your response to criticism from agents might be: “Lets allow my Notary
to handle the legal details, just write the offer down as I outline it.”
For that purpose also it would be prudent for any Buyer to get to know an
informed Notary Public experienced in real estate matters, possibly
discussing a specific creative financing contract before actually presenting
a written offer. Doing so will definitely add to your effectiveness and
confidence when negotiating the terms of your Wrap-around offer.

Sellers might also be directed to the same Notary. As a matter of fact, since
Buyers are normally required to pay for the necessary legal work, that would
be quite appropriate.

Your legal fees will be at a minimum for drawing up this type of private
Agreement, less than even the cost of drawing up a new mortgage, and that usually involves a Lawyer.

Of course a Lawyer ‘could’ be employed to do a Wrap-around contract also,
but frankly, Lawyers are often more hindrance than help with this method.
In my opinion, they will raise unnecessary concerns for Sellers, and they
will definitely be more expensive.

Finally; Buyers should always carefully shop before choosing a home to
buy. They need to look for the home and Seller, best suited to their
creative financing proposal. There is no point in wasting valuable time
with a seller that is uninformed, ignorant, or inflexible in his thinking.
Besides think of the fun you will have in looking!

While creative financing ideas are limited only by the imagination, the
wrap-around purchase contract method illustrated in this informational
posting is one of the most practical, powerful, and useful, for home Buyers
and Seller’s alike.

I have personally used this ‘wrap ‘ method when conventional financing
methods were not available to me with good success. The Reader should
also know that there are many other types of creative contracts possible,
such as lease-options; private second and third mortgages; cross-
collateralization loans; lease-purchase contracts, and asset trades of all
kinds, to mention a few.

These are also often overlooked, yet powerful tools to home buying and real
estate investing. Using the Wrap-around method described will open up
unlimited opportunities for positive-thinking real estate entrepreneurs –
well proven by high-profile investors like ‘the Donald’.

There are plenty of willing real estate sellers (including corporations
large and small), who are eagerly waiting for a creative Buyer to approach
them with a positive, straightforward, honest, and confident, demeanor.
Yes you too can achieve the goal of real estate ownership on your own
good terms!

All the best in your future real estate endeavors. Remember it takes only a
little bit more effort than ‘clicking your heels with your eyes closed and
saying “there’s no place like home”.

• end –

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