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How Homeowners Can Minimize the Risk of Seller Financing

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Tampa Probate Lawyer / Blog / Real Estate / How Homeowners Can Minimize the Risk of Seller Financing

How Homeowners Can Minimize the Risk of Seller Financing

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Although the housing market in Florida has cooled slightly since 2023, prices are still increasing. This shows that there is still a great deal of interest from buyers in the market but with interest rates still being relatively high, this can also turn potential buyers off of purchasing your home. Home sellers often find they need to get creative with selling strategies and one strategy you may be thinking of is owner financing. Financing the sale of your home yourself has many benefits, but it is important to minimize your risk in these transactions. Below, our Tampa real estate lawyer advises how to do it.

What is Owner Financing? 

Owner financing, more commonly known as seller financing, occurs when the seller of a home provides the purchaser with a loan for all or part of the purchase price. Instead of paying a financial institution that provided the loan, the buyer will make payments to the seller of the home. Seller financing has many benefits. It is attractive to buyers because they may be able to obtain a lower interest rate and it can make purchasing a home faster and cheaper than conventional methods.

Of course, because you are providing another person with a loan, there are also risks involved. For example, if the buyer fails to make mortgage payments, you will have to go through the foreclosure process, which is lengthy and expensive – though your attorney’s fees can be recoverable. For this reason, it is critical that you minimize your risk as much as possible.

Minimizing the Risk of Seller Financing 

The risks of seller financing can be managed if you approach it as thoroughly and professionally as financial institutions do. Largely, this means preparing the proper documents and obtaining a down payment from any buyer. A Tampa real estate lawyer can draft an agreement that is comprehensive and legally binding. The agreement should outline your right to foreclose if you ever need to do so in the future.

Another way to minimize risk is to require a down payment for the property. At minimum, you should accept no less than ten percent of the property’s value as a down payment. This will ensure the buyer has some investment in the property, making them less likely to walk away from it. Requiring a larger down payment will also provide you with funds if you have to mitigate problems in the future, such as foreclosing on the property.

Our Real Estate Lawyer in Tampa Can Protect Your Interests 

Seller financing is often attractive to sellers and buyers alike. However, you should not do it alone. At Messina Law Group, P.A., our Tampa real estate lawyer can draft the documents you need and provide legal advice so your interests are fully protected. Call us now at (813) 492-7798 or chat with us online to schedule an appointment with our attorney and to get the legal help you need.

Source:

homelight.com/blog/real-estate-top-agent-insights-for-end-of-year-2023/

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