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buying my parents home

ok, my parents have recently moved into a council bungalow because of my fathers disability. i have lived with them for the last 3 years since splitting from my wife. our divorce was finalised in April of this year.
their home is worth between £90-100k
because of my predicament they have offered to sell me their home, they have offered to sell me the house for £70k.
the house will need a lot of work.
because 100% mortgages are not available and what savings i have i would need to carry out work on the house.
My father has proposed that the sale price is £82500, i obtain a mortgage for £70000 (15%) and then give him the remainder from my savings, upon completion he will then give me back the £12500 in order for me to have the work carried out.
is this legal and are there any other implications to be considered?

Comments

  • silvercar
    silvercar Posts: 49,948 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    It is legal but you must declare the gifted deposit to the lender in your mortgage application. Not all lenders will allow gifted deposits, so see a broker who will know which lenders will accept them. You should also make your solicitor aware of your plans.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    as I see it

    you are buying a house for 82500
    you have a deposit from your own money of 12,500
    you get a mortgage for 70,000

    seems OK to me so you buy the house.

    later your father gives you 12,500 to help you renervate the house.

    seems OK
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Clapton's way is a "tidier" suggestion. The amounts don't differ - just the reason for the gift. And this way, it gets around those lenders that don't like gifted deposits.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • amcluesent
    amcluesent Posts: 9,425 Forumite
    IIRC a parent 'selling' at less than market-value immediately attracts the interest of the social services and tax-man who fear missing out their cut.
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    amcluesent wrote: »
    IIRC a parent 'selling' at less than market-value immediately attracts the interest of the social services and tax-man who fear missing out their cut.

    Depends on if the parents are claiming benefits, but if the parent go onto claim benefits within a set period (7 years) this could come back to haunt both parties.

    If you parents want to help you out that much, can't they just rent it to you and then let you buy it in a year when it's worth 30% less?

    I can't work out if his parent are really smart and trying to fleece him (by getting him to cash them out of the housing boom at the peak) or not-so-smart-but-very-generous and are trying to help him but don't realise prices are dropping and they are putting their son in negative equity within a year...?
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • bobby-boy_2
    bobby-boy_2 Posts: 235 Forumite
    Hi Amcluesent you said" a parent 'selling' at less than market-value immediately attracts the interest of the social services and tax-man "
    This is very true but using the figures provided in the 1st post

    their home is worth between £90-100k
    My father has proposed that the sale price is £82500
    and using claptons suggestion of

    you are buying a house for 82500
    you have a deposit from your own money of 12,500
    you get a mortgage for 70,000

    a discount of £8500 on a 90K property does not strike me as deprivation of assests as many posters on here are advising to bid 10% to 20% under the asking price.
    Just an "Argument" to be used against deprivation of assets.
    Debts as of 01/june/08
    [strike]Dad 15,500[/strike] [strike]11,000[/strike] [STRIKE]9000[/STRIKE]
    [strike]Friend[/strike] [STRIKE]5000[/STRIKE]
    [strike]Other 1000[/strike] 0.0
    Egg [strike]7633.14[/strike] [strike]6000@0%[/strike]:T
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    amcluesent wrote: »
    IIRC a parent 'selling' at less than market-value immediately attracts the interest of the social services and tax-man who fear missing out their cut.

    Not necessarily.

    We did this in 1990 because that was all that family members could afford. SS were never involved and neither was the tax-man.

    Of course, prices were a lot different then.
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • may i thank you all for your responses it has also been noted to me that i only need say the purchase price is £77000 thus i would only need to place the £7000 and obtain a 90% mortgage, then at a later date my father has said he would give me the £7000 as a gift, given that he or my mother have made no substantial gifts for the last 2 years this should be ok.
    The reason for the lower than market price i would cite is the amount of modernisation required i'm more than happy with the deal, a £70,000 mortgage is not a lot in todays climate.
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