Buying a Home from a Family Member | Non-arm’s Length Transaction

Buying a Home from a Family Member Non-arm's Length Transaction

Buying a Home from a Family Member | Non-arm’s Length Transaction

Are you looking into buying a home from a family member or do you have a relationship with the seller? This is considered a non-arm’s length transaction and depending on the loan program, there are additional guidelines. Some lenders have stricter guidelines when it comes to non-arm’s length transactions and a gift of equity.

What is a Non-arm’s Length Transaction

A purchase transaction where there is a relationship or business affiliation between the seller and buyer is considered a non-arm’s length transaction. FHA and conventional allow these purchase transactions, but there are specific restrictions. One scenario that does not allow non-arm’s length transactions would be delayed financing.

Guidelines When Buying a Home from a Family Member

Certain loan programs have minimum borrower contribution restrictions. FHA considers buying a home from a family member or having a business relationship as an identity of interest transaction, but there are exceptions.

FHA maximum loan-to-value for an identity of interest transaction is 85%. Conventional guidelines for these types of purchase transactions are different than FHA’s guidelines. Depending on the conventional loan program, there may be a minimum borrower contribution required.

A licensed Loan Originator can help you determine if your case scenario works.

FHA – Gift of Equity

An FHA loan allows family members to transfer equity that has been built up as a gift to another family member. There is no hard money in exchange when there is a FHA gift of equity. When buying a home from a family member or relative, the gift of equity always has to be verified as a family member.

Conventional – Gift of Equity

A gift of equity is a portion of the seller’s equity that is transferred as a credit in a purchase transaction. A seller credit is different than a gift of equity because the seller credit can only be applied to closing costs.

Gift of Equity Requires a Letter

The gift of equity letter will specifically include:

Lenders have acceptable letters that can be filled out.

Other Programs that Allow a Non-arm’s Length Transaction

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