Credit Report on Seller… - Posted by JT - IN
Posted by JT - IN on May 17, 2001 at 21:01:26:
Let me answer your second question first: If Seller wanted to see my Credit report, I would show it to them, not let them pull it. I am fortunate that I have a recent copy, and have NO negatives there. There is no shortage of credibility, with me, and I would also show them a copy of my Net Wroth statement, if there is still a rub here. Again, here, I have some long numbers, so it is never an issue.
However, this usually never comes up, and I will tell you why. I know that we will play by the rules that I want to play by, or I will not do this deal. Now, ask yourself, who, in this example, needs to do this deal the most. I know the answer, and from the attitude that I portray to the Seller, (not arrogant), they will understand that this is one of several deals that I am looking at doing, and if there is a problem with them not letting me see what I want to see, I will walk away in a NY second. Not that I will not attempt to finesse and sell the info that I am looking for, but the bottome line is the bottom line. My Terms!
Now, am I just being egotistical here? Is that the reason that I have to do things my way? NO! Things have to be done my way, because I have tried doing things the Sellers way, and I know of the problems that I have had with deals, they are the deals that I deviated form my plan, and tried to accomodate their rules and comforts. No more! Politely, it is my way or the highway!
Now to answer your original question, I never ask them if I can check their credit. Now isn’t there something wrong with that? NO! Because I get them to aurthorize it in writing, giving me a release, when we are signing papers; purchase contract, personal info sheet, (is a mini credit app, like rental appl) and then an authorization for release of information and to check credit. Occasionally, there will be a question about this, “why do you need this form”? to keep all of us out of trouble with the courts and blah, blah… Once you get to this point, things are home free.
Now, prior to this point, in Q & A, I have qualified them out as far as other debts and financial problems, etc. The credit check is just to keep them honest.
Each situation is always a little diferent, but that is basically the way that I do it.
One of the worst things that could happen to you, (in a subject-to or pre-sale foreclsoure deal), would be for the Seller to file BK, and have the Trustee recall the sale, after you have re-sold or L/O the proprty. You are not only going to be writing a check to the Trustee, for your proceeds in this sale, but maybe something to the Buyer, for theri trouble endured here.
Now, admittedly, this isn’t going to happen very often, but if you screen these deals right, you will know that it won’t happen at all, on one your deals.
Sorry for the length her; enough said!
JT - IN