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 10% downpayment include into loan

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TSGTA5
post Dec 2 2024, 02:51 PM, updated 2y ago

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Hi all sifus,

Just wanna ask, the buyer ask to include 10% downpayment into the house loan.

I think the buyer don't have the 10% downpayment ready, or maybe wanna keep money for reno, so he ask to mark up price in SnP to include the 10% downpayment.

Are there any risks or potential wrong doings in this? I scared later the bank say can't do this method.

Thanks in advance!

This post has been edited by GTA5: Dec 2 2024, 02:56 PM
TSGTA5
post Dec 2 2024, 03:00 PM

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QUOTE(kens88` @ Dec 2 2024, 02:55 PM)
Last time I buy my house under the First Home Programme, even though my loan is 100%, I was still compelled to pay the 10% downpayment. Just the bank reimburse me later through the loan.

So the question is... is the seller willing to not receive the 10% downpayment? And the installment become very high lo.
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I see. Thanks!

QUOTE(hightechgadgets8 @ Dec 2 2024, 02:56 PM)
if the property can get that value by the bank panel valuers and the bank should be able to give the loan base on the mark up value

ive seen a lot of mark up loans being done
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Should be no problem to be valued at 110%.

So which means after the bank disbursed the money to the seller bank to settle the loan, then only consider the balance as payment for the 10% downpayment right?

Is there possibility of fraud in this case?
TSGTA5
post Dec 2 2024, 03:01 PM

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QUOTE(vicky.max @ Dec 2 2024, 02:59 PM)
Are you the agent or the owner?

Bank wouldn't know that the price had been marked up.

Only the buyer, seller and SPA lawyer will know as usually the lawyer will prepare an additional 'variation' letter to indicate that the owner is giving some discount etc. in order for both parties to agree on the 'actual' selling price.

If you are the owner, be prepared to pay extra on legal fees as it will be based on the marked-up SPA price (but usually you can ask the buyer to absorb the differential amount).
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Owner.

I see, thanks for your info!
TSGTA5
post Dec 2 2024, 03:13 PM

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QUOTE(hightechgadgets8 @ Dec 2 2024, 03:04 PM)
you will need a written consent from owner that he/she will pay you back the 10% cos once your loan is done, your bank will disburse the $ to the owner

pls consult your lawyers
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I am the owner haha

But as owner, the 10% belongs to me right?

Because logically since the buyer didn't pay the 10%, so when the bank disburse the loan to me, I get to keep the 10% right?

This post has been edited by GTA5: Dec 2 2024, 03:18 PM
TSGTA5
post Dec 2 2024, 03:27 PM

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QUOTE(sunami @ Dec 2 2024, 03:26 PM)
is it increase the snp price?
the property kena rgpt tax or not?
if yes..then u need to pay higher tax cos of it
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Yes
Yes
I see. Thanks!
TSGTA5
post Dec 2 2024, 04:37 PM

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QUOTE(Cisne @ Dec 2 2024, 04:08 PM)
Possible. The risk is on the buyer not the seller. The buyer need to make sure he can get the bank valuation at such mark up price, you need the agent & lawyer to cooperate with some panel bank as well.

Reason simple only. The agent want to close the sales. The bank also want to hit their target. The buyer want to own the unit without any upfront payment. You want to sell it without any possible penalty(RGPT must tell lawyer that it must be paid by buyer if any).

You only need such win-win-win-win arrangement. In fact, some of this arrangement is actually initiated by the banker for their troubled client through the agent. I disposed a unit under such arrangement last year, no issue to seller so far. Eventually the pressure will be on the buyer.

In fact, it will be better for seller because under the LDHN record, you are disposing a bigger value asset, you can purchase a bigger value item without triggering LDHN in near future.
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I see. Thanks for the explanation!

QUOTE(hightechgadgets8 @ Dec 2 2024, 04:25 PM)
nope, lets say you sold the property at 500,000 and the SPA is 600,000, the bank will pay you 90% of 600,000 which is 540,000, the excess you have to give the buyer back 40,000
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Makes sense
TSGTA5
post Dec 2 2024, 05:53 PM

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QUOTE(Jingle91 @ Dec 2 2024, 05:48 PM)
Legally speaking, it is wrong, but many peoples are doing in mark up:

As long:
1) ur house bank value is high enough (eg bank value 700k, you sell 630 which is 90% of the bank value)
2) you as seller own the house more than 5 years (so no rpgt concern)
3) lawyer and agent willing to help in all way, bank provide bank loan to buyer do not detect.
4) Your agent fee also will be based on the lower selling price which is 630k instead of 700k

Buyer need to bear extra legal fee and stamp duty due to spa price is 700k instead of 630k.
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I see. Thanks!

QUOTE(Jingle91 @ Dec 2 2024, 05:50 PM)
No, your proceed is not based on formal SPA, lawyer will help to calculate based on actual agreed selling price which is lower than SPA. All money will go to lawyer first before they release to you.
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Ahh okok, noted
TSGTA5
post Dec 3 2024, 04:55 PM

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QUOTE(jojolicia @ Dec 3 2024, 02:06 PM)
That said, seller's (owner) 10% downpayment is based on 700k or 630k?

If the latter, why the trouble and reason worth doing so by the seller?
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True, would like to know the answer to this ques
TSGTA5
post Dec 4 2024, 12:52 PM

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QUOTE(WaCKy-Angel @ Dec 4 2024, 10:04 AM)
Risk to seller is higher RGPT fees.
And if buyer back out u do not get to keep the 10% on top of that u have to fork out money to pay lawyer.
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True, I also worried about this.

As I understand if halfway the buyer decided to cancel, the 10% downpayment is forfeited.

So there is the risk of buyer ffk halfway without this 10% as collateral.

This post has been edited by GTA5: Dec 4 2024, 12:53 PM

 

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