Land contract scam?
12 years ago
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- 12 years ago
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black pearl or ubatuba, maybe a scam?
Comments (26)I think lab created colored stones come nearer the mark as an analogy rather than diamonds. Weissman, if the customer paid 1K for an "emerald" ring and was happy, rather than paying 6K for a "mined" emerald, what's the difference? Yes, the origin, but if the customer is happy, the customer is happy! Now, if they paid 6K for a "mined emerald" ring that turned out to be a 1K lab creation, that's another matter. That's fraud. But, if it was just specified as an "emerald", then it's a grey area that you could argue that the customer got full value for the $$ purchased. After all, "everyone" knows that you can't buy a 5karat "emerald" rink for 1K unless it's lab created. But, if you got a great price on "granite" and you like it, what's the difference what it's called as long as it performs to your satisfaction and you like it? Stone people make up names all the time. Unfortunately, there is no "national registry" for granite names. You can call Blue Pearl "Crystal Azure Pearl" if you want, and you can call Uba Tuba "Black Pearl" also if you're into renaming. Renaming is done all the time. Pricing is all over the map on granite too. Granite yards charge what they think the market can support, based on both supply and demand and attractiveness of the slab. This isn't unethical. It's capitalism. Unfortunately, when you combine the two practices, renaming the granite and no real "set" charges, you have something that can skate periolously close to unethical behavior. And, you have a lot of grey area open to interpretation. Clearly, a dyed slab constitutes fraud. Other than that, it's open to interpretation. It helps to deal only with those in the stone business that have been there a while and have a good reputation. You don't see most of them ever renaming granite. Or dying granite. But, you do see a lot of the "I'm buying a container load of blanks from China and a van with some tools & becoming a fabricator" style "granite guys" that are incompentent and/or deceptive. Often, if the price is too good, then there is something fishy here. If you paid $39 a square foot for "Black Pearl", then something is rotten in Dennmark, and it's caveat emptor!...See MoreLand contract
Comments (5)I dislike land contracts. They may work in some circumstances and for some people, but there are lots of pitfalls for a buyer. (and a seller, if the buyer fails to pay.) Unless her attorney is very experienced in this, she could end up with nothing. Essentially your DD doesn't own the RE as she would with a more traditional mortgage until the contract is paid off. (She does have a legal interest in the property though.) If this is land, she probably won't want to build until the contract is paid off. Question #1 in my mind is, "Does the seller have a mortgage?" If the seller does have a mortgage, how will your DD insure that her payments to the seller are being used to payoff this mortgage? (the rights of the original mortgage holder come before any rights your daughter might have.) In addition, often mortgages require an immediate payoff if the property is sold thus preventing a land contract. How will your DD insure RE taxes are being paid? The seller also faces some risk of the buyer defaulting on the contract leaving unpaid bills and tax liens on the property. This did actually happen to my parents years ago when they sold their business and RE on contract. (only way for them to sell during the days of double digit interest rates and a dead market.) They ended up getting back a business they didn't want. The buyer had reduced it's value tremendously. It took several years and lots of work to restore the value. Work they didn't want since they had sold it for that reason. Just a few things I've seen happen. Realtors are permitted to write land contracts here, but whenever I am working with a client that wants to buy on contract I strongly encourage them to look for other options. I've never had anyone purchase using a land contract once they find out the potential problems....See Moreland contract or bankruptcy
Comments (9)"I've always heard it called "holding the mortgage."" Not exactly the same. In many cases no mortgage is recorded, and sometimes not even the land contract itself. The seller remains the titled owner of the property. When the agreed upon payments are made the seller THEN executes a deed to transfer the property. One of the risks as a land contract buyer is that the seller may not be able to convey clear title. There are numerous ways the title could become encumbered, from court judgments, liens, to the IRS. These encumbrances would have to be removed by the seller to convey clear title, if they have the money to clear them. As a buyer you could fulfill your side of the bargain, but end up not getting clear title. I have actually held mortgages for buyers a couple times. The deed of trust (Virginia is a trust deed state) along with the note are recorded. The only thing I have to do as trustee is re-convey the property when the note is satisfied. If there are any other encumbrances at that point, they are the owners, not mine since all I had was a trust deed. I could no longer encumber the property except as the trustee under the terms of the trust....See MoreLand contract or try to sell?
Comments (3)You need a real estate lawyer to advise you especially since you are dealing with family. They can explain what is best for your situation AND how to do it so you don't get burned by the sister....See More- 12 years ago
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