Re: Clarification of “Fair Shake” Comment (long) - Posted by Stacy (AZ)
Posted by Stacy (AZ) on July 08, 1999 at 18:09:11:
Regarding my general comment about making sure the seller is getting a fair shake for her equity, I’d like to clarify where I was coming from. I understand the advice from the others to give the seller her 40K and leave it at that. Under most circumstances, that’s exacly what I’d do.
I think there are rare occasions when investors will run up against sellers that are, for one reason or another, not mentally competent enough to watch out for their own best interests. Maybe they’re a little mental, slightly retarded, or distraught, alcoholic, in a stage of Alzheimer’s, in a panic, or any number of other conditions.
I’m lucky, so far, that I have never had to deal with a seller I felt was not mentally competent, or borderline. But I imagine it happens every day across the country. This is where my best judgement will have to evaluate whether or not the seller is “motivated”, or has crossed the line to incompetence.
I think there are two things I’ll want to watch out for if I encounter a seller that is getting into this gray area. First, my own morals. I won’t get into that discussion. Second, the possible legal ramifications. For example, I find an elderly seller who it turns-out is experiencing some of the natural aging effects that can degrade cognitive thinking. I agree to purchase her home for a severly reduced price. Later, her son catches wind of the deal she’s completed, and sues me for taking advantage of her, as a saavy investor. Court is one of the last places I want to be.
I am not passing judgement on anyone. For this deal, the elderly lady could have a mind sharper than mine for all I know (wouldn’t be too surprising). What I was trying to convey was that this seemed like an extremely sharp discount to the woman’s equity. The as-is value of this house is about 100K, and she’s selling it for 40K, giving away what seems to be about 60K in equity, which is half the ARV. Bells and whistles start to go off in my head…proceed with caution.
BUT, if she’s obviously competent, sharp, and knows what she’s doing, I’d probably pen the contract as quickly as possible. I don’t expect anyone else to agree with my position on this, but this is where I stand.
Stacy