Posted by max-Va on December 27, 2006 at 22:26:46:
I am always looking to buy like new appliances for my rentals.
There is nothing illegal about buying furniture or appliances from a seller after a short sale.It has to be reasonable value. True, no $5K refrigerators that sell new in store for $400. If the bank foreclosed the seller would tear up the property and take all the appliances anyway. Getting a few dollars into the sellers hands to assist in the move is not a bad thing.
The investigator (if there is one, which I have never seen any) will clearly see they do not get any cash from the sale of the property, no deals outside the HUD-1. The sellers can however sell any and all personal property to whom ever they care to.
Is it illegal to tell a bank you are working with on a short sale to tell them the seller is not going to get any money and then give the seller a couple of thousand dollars on the side for walking away from the property?
While you may think this is a cute and clever way of giving cash to the Seller, the FBI and or HUD investigator will likely not agree. You would have not purchased the items absent the real estate transaction. What are the incredible odds… You happen to be buying personal property from someone you are buying a house from, who is not supposed to be getting any cash…? I don’t think any investigator will believe your story, and it is the investigator you will have to convince…not us.