Legal Question in Real Estate Law in Maryland

property purchases - primary residence & contracts

My boyfriend and I have a verbal contract to buy a house that belongs to the estate of his deceased grandparent ASAP (within next 2-3 mths). He would occupy immediately after purchase as primary residence. I would move in after about six months after some repair work. Prior to the house purchase, I would like to buy (100%) the townhouse that my boyfriend currently owns alone. I would live in the townhouse as my primary residence at first and then join my boyfriend in the house as my primary residence after the six months. Questions: 1. If I purchase the townhouse as my primary residence and take a mortgage on it as my primary residence, would my ability to purchase the house with my boyfriend, very soon after purchasing the townhouse, be impeded due to the primary residence claim made for the townhouse? 2. Would the townhouse purchase have effects on my ability to be on the financing for the house (we each have superior credit)? 3. What type of contract is required for both the purchase of the townhouse and the house (not arms length sales / no realtors involved)? 4. What other options might be available for purchase/ownership/co-ownership of these two properties?


Asked on 5/03/09, 10:26 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: property purchases - primary residence & contracts

Since you are getting financing to purchase your boyfriend's townhouse, that debt will be on your credit record and will probably disqualify you from obtaining any additional financing in your name to purchase the estate property, unless your income is quite high and sufficient in terms of income to debt ratio to allow you to qualify for 2 loans. Also, from a strictly legal standpoint, when you apply for the loan on the townhouse, you are asserting to the lender that you intend to occupy it as your personal residence so that you qualify for the lowest interest rate, when you know that you are only doing so on an interim basis. Practically speaking, as long as you make your mortgage payments on time and you do actually live there initially as planned, this probably won't be a problem.

There is no such thing as a verbal contract to buy real estate. All such contracts, even between "related" parties, must be in writing to be enforceable. As a real estate attorney, I have written many such contracts for buyers or sellers working without realtors. This turns out to be a lot less expensive than trying to do it yourself if a problem comes up later and one of the parties is either trying to break the contract or refuses to go to settlement.

If your boyfriend can qualify on his own credit for the estate property loan, you can both be contract purchasers and can both be owners on the deed, but he would be the only borrower. Then the two of you need an agreement between yourselves as to your relative responsibilities for expenses and upkeep on the property, and buy out provisions in case of a falling out.

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Answered on 5/04/09, 10:19 am


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