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gifted deposit

After reading some of the comments on gifted deposits. we have just had a potential buyer who wants us to give them a gifted deposit. Our house is on the market for just under 120K and they want to offer 126K and use the 6K as a gifted deposit - does this come under the "fraud" bit as they are inflating the house price but if they inform the lender what they are doing and that the original price was 120K does that make it legal.

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Never mind legal, that is not your problem. The real problem is that these people obviously don't have all the equity they need.

    Where this goes wrong is if the surveyor ever realises your house was on for less than 120 and values it accordingly - or if the lender realises what is going on.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Bananamana
    Bananamana Posts: 246 Forumite
    The solicitor/conveyancer acting for the bank has a duty to disclose it. It's only mortgafe fraud if they don't.

    Stamp duty is calculated on 126 however so unless they are FTB or in a disadvantaged area they will be liable for 1%

    I'd make sure ther broker has agreed it with the lender and you see some evidence of it before proceeding. Otherwise they could just be wasting your time (and money)
  • Running_Horse
    Running_Horse Posts: 11,809 Forumite
    Part of the Furniture Combo Breaker
    Tell them to go away and save up a deposit like every other house buyer, and then sell it to someone who can afford to buy it. Their inability to afford to buy your house is not your responsibility. Why are they even looking?
    Been away for a while.
  • betmunch
    betmunch Posts: 3,126 Forumite
    Dont agree to this. Assuming everyone does their job correctly this wont work.

    While it is legal it will need to be declared to the surveyor who will need:
    a. proof the property was marketted ar £126K
    b. the belief the property is actually worth £126K

    If either doesnt fit then the mortgage application will be turned down.

    Now if you are prepared to accept £114K for your property and gift the buyers £6K that way you have a half decent chance of it going through!
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    betmunch wrote: »
    Dont agree to this. Assuming everyone does their job correctly this wont work.

    While it is legal it will need to be declared to the surveyor who will need:
    a. proof the property was marketted ar £126K
    b. the belief the property is actually worth £126K

    If either doesnt fit then the mortgage application will be turned down.

    Now if you are prepared to accept £114K for your property and gift the buyers £6K that way you have a half decent chance of it going through!
    Dont agree to this. Assuming everyone does their job correctly this wont work.

    While it is legal it will need to be declared to the surveyor who will need:
    a. proof the property was marketed at £120K
    b. the belief the property is actually worth £120K

    If either doesn't fit then the mortgage application will be turned down.

    Now if you are prepared to accept £108K for your property and gift the buyers £6K that way you have a half decent chance of it going through!
    Dont agree to this. Assuming everyone does their job correctly this wont work.

    While it is legal it will need to be declared to the surveyor who will need:
    a. proof the property was marketed at £114K
    b. the belief the property is actually worth £114K

    If either doesn't fit then the mortgage application will be turned down.

    Now if you are prepared to accept £102K for your property and gift the buyers £6K that way you have a half decent chance of it going through!
    Dont agree to this. Assuming everyone does their job correctly this wont work.

    While it is legal it will need to be declared to the surveyor who will need:
    a. proof the property was marketed at £108K
    b. the belief the property is actually worth £108K

    If either doesn't fit then the mortgage application will be turned down.

    Now if you are prepared to accept £102K for your property and gift the buyers £6K that way you have a half decent chance of it going through!
    Dont agree to this. Assuming everyone does their job correctly this wont work.

    While it is legal it will need to be declared to the surveyor who will need:
    a. proof the property was marketed at £102K
    b. the belief the property is actually worth £102K

    If either doesn't fit then the mortgage application will be turned down.

    Now if you are prepared to accept £96K for your property and gift the buyers £6K that way you have a half decent chance of it going through!

    It might be a slippery slope.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Can be done, but I guarantee it won't value up. Bank have to be informed and they'll in turn inform their surveyor and at best, the figure will be the original price that you've got it on for.

    Big waste of time in this market.
    I'm an estate agent. :j
  • betmunch
    betmunch Posts: 3,126 Forumite
    DVardy - I see your point, but its up to the Vendor to agree a price they are comfortable with, they have to stop the slide if the price goes to low.

    Mr Green - Agreed, valuer will simply say its worth the price after the gifted deposit rather than before. Waste of time!
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • poppy10_2
    poppy10_2 Posts: 6,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yep, this won't work, unless the buyers fail to disclose it to their mortgage company, which would be fraud.
    poppy10
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