Home Selling in Brentwood>Question Details

Truthquest, Real Estate Pro in Brentwood, TN

Can a property owner sell their property by short sale to the current tenant? Do they have to disclose this relationship to the bank?

Asked by Truthquest, Brentwood, TN Tue Aug 10, 2010

In this situation listing agent has not disclosed that the potential buyer is current tenant of property. The listing agent has submitted short sale offer as if Seller still resided in property. Does a sale to tenant qualify for an arm's length purchaser because they intend to reside in property or will this transaction violate the "arm's length requirement"?

Help the community by answering this question:

Answers

6
You can sell it as long as it is disclosed and both the buyers and sellers attorney know and agree to the details.
0 votes Reply Flag Link Wed Aug 11, 2010
It all depends on the lender how they want to proceed.

HOWEVER till they ask why bother to release info. which may muddy the waters.

GREAT QUESTION !

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Reply Flag Link Wed Aug 11, 2010
Yes, they can. I have closed several short sales involving tenants and sellers.
0 votes Reply Flag Link Wed Aug 11, 2010
Protect yourself and any other assets you may have--consult with an attorney who specializes in real estate, he/she will be your best source of information as it relates to your specific situation.
0 votes Reply Flag Link Tue Aug 10, 2010
I would consult an attorney, if your home is mortgaged it's my understanding the lender would have to know due to the fact someone else will be paying the mortgage. There is legal things that should be found out. If you short sale your property and you have to make sure you pay the payments or let the other person pay directly to the lender, but that is a legal question that an attorney will have to advise you.
Thanks and I hope this helps
Linda Anderson Franklin Tn
0 votes Reply Flag Link Tue Aug 10, 2010
The potential danger here as I perceive it is that the seller may still be claiming that the residence in question is their personal residence. Depending upon who you are in the situation you might be exposing yourself to liability.

The answer to the simple question of can an owner short sell to a tenant is "yes" - the arms length requirement is designed to prevent me buying my brother's house and selling it back to him, not to prevent two parties from working the sale.

consult an attorney for legal answers - these are just my opinions.
0 votes Reply Flag Link Tue Aug 10, 2010
Search Advice
Email me when…

Learn more

Copyright © 2013 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer