I think the buyers should be encouraged to contact
the seller about their requirements.
Not exact matches
Its obvious
sellers aren't crazy
about these
requirements, but this helps the SBA mitigate their risk when multiple types of financing are needed to acquire a business.
If the
seller has confidence in your ability to run the business and knows it has healthy cashflows, then they should be less concerned
about the
requirements debt - financing from a bank puts them in.
Here is what Phil Moore, Real Estate Board of Greater Vancouver president, says
about market conditions: «High prices, new tax announcements, rising interest rates, and stricter mortgage
requirements are among the factors affecting home buyer and
seller activity today.»
Round
about the early nineties, I had a
seller who remembered those
requirements back in the 80's, and insisted I put on his listing that any MLS buyer was actually pre-qualified and to prove it by bringing a bank or mortgage broker commitment letter as an offer Schedule.
The Council is developing a Disclosure to
Seller of Expected Remuneration Form, along with materials to inform licensees
about how to comply with these new
requirements.
Regarding your question
about whether the
seller has to disclose substantial defects, there is no legal
requirement for the
seller to disclose unless asked.
2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where
seller delivered an incomplete Property Condition Disclosure Statement;
seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the
requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and
seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the
seller's active physical concealment of the condition with proof that the misstatement
about the condition on the PCDS was deliberate
We recently talked
about the options homeowners (or prospective home
sellers) have, or could create if they plan to house an individual with long - term medical care
requirements.
When an all - cash offer is in play,
sellers don't have to worry
about mortgages, lenders, approvals, delays in escrow, or stringent appraisal
requirements.