Cash Backs and/or Credits on Closing

This refers to those vendor incentives that may be included in the Offer to Purchase such as “complete interior paint work prior to closing to the purchaser’s satisfaction.  If not completed prior to the closing date, the purchaser shall receive a $5,000 credit towards the purchase price on closing”. 

You might have heard of this as a great purchase strategy to try and maximize your borrowing against the value of property and reduce your down payment amount. 

When the work is completed, this clause is fine but in most cases the work doesn’t get completed and you, the purchaser, are expecting a credit on closing.  These used to be perfectly acceptable by lenders but NOT any more unfortunately!   If this is written into the Purchase Agreement and the work is not completed, then the lender views this as a reduction in the property purchase price.  So if the original purchase price was $200,000 with a $5,000 credit, then as far as the lender is concerned if the work is not completed then the “adjusted purchase price” is now $195,000.      They will then only provide an approval based on say 80% of the “adjusted purchase price”.

So if you obtain a mortgage approval based on the actual purchase price, then it could all change just before closing to the new “adjusted purchase price”.    Why?  Well, just before closing, your real estate lawyer will send what we call an “interim report” or “statement of disbursements” to the lender.  If any reduction or “credit on closing” is mentioned in this report, it will be deemed to be a reduction in the purchase price.  This refers to any incentive or credit that the vendor is providing to the purchaser whether it is work completed or a “cash refund”.

The bottom-line is that if the work is not completed, and a credit on the purchase price is disclosed prior to funding, the lender will deem the value of the property to be less and subsequently reduce the purchase price and therefore the mortgage amount accordingly.  This involves completely re-doing and underwriting the deal and will delay closing.

My recommendation: do not use this tactic on the Purchase Agreement or part of the closing process via your real estate lawyer unless you are prepared to have the purchase price and therefore mortgage amount reduced.