Advertising a rehab for sale at retail QUESTION - Posted by Brandon-PA
Posted by Brandon-PA on December 13, 2002 at 08:33:22:
I have a rehab I’m going to be selling.
around 72K completed.
I was told by a rehabber and shown HER advertisements…(she does over 50 rehabs a year with 1 administrative person).
She puts on her ads…
Principal XXX
Interest XXX
Taxes XXX
Insurance XXX (approx)
PMI XXX
Total XXX
She put this info on her advertisements so people know what their total monthly payment will be. She trys to sell on monthly payments, not sales price.
A mortgage broker told me that’s illegal and you need to abide by all sorts of regs to do that.
I called my pre-paid legal attorneys. Spoke with one yesterday.
She told me it was illegal and that I could put on the advertisement this instead
“Are you paying rent of approximately $550 - $600 per month ?”
“Then why not own this home ?”
What is everyone’s experiences with this ?
How do YOU advertise ?
Could it be possible that she is advertising this as her personal sales where she might be exempt? She is quoting prices, and not interest rates, so that also may make a difference in the legalities.
legal advise. My understanding of the Consumer Sales Practices Act (in Ohio) considers any lack of disclosure in advertising to be deceptive. She seems to be doing it backwards, but she might be OK if she listed the selling price somewhere in the ad. She is definitely missing the interest rate (even though she has a monthly amount) and the term. If the States Attorney General got a complaint or even took notice of it, your friend could be in serious trouble. Again, that is in Ohio.
Good Luck,
Shawn(OH)
Posted by Brandon on December 13, 2002 at 10:31:30:
Ok Glen,
I’ve reviewed the document.
I just want to make sure I’m reading it right.
It seems to be that I am able to advertise (according to 226.24(c)1(iii) the amount of the payment, as long as I do according to (c)2
1)amount of % of Down Payment
2)terms
3)annual percentage rate
Now, I will not be the creditor in this case…I’m getting a bank to do the credit…but I just need to make that clear on the advertisement I guess.
It’s been a while since looking at the law about this area, but I was alluding that homeowners are sometimes exempt from certain federal guidelines. Since the newspaper did not catch on to any problem and allowed the ad, it may be possible that she is getting by the law based on content or rules pertaining to individuals.
I suppose I am thinking that there may be something in the law that makes what she is doing legal, just as a homeowner can advertise for a single white female tenant for their single family home; yet in most cases can’t do this when owning more than 4 units and the owner will be classified differently.