Legal Question in Real Estate Law in Illinois
Purchase price
A buyer has indicated they want to purchase our house for a certain price, let's say $500,000. They want to write a purchase agreement for something less than this and make up the difference with a seperate purchase agreement for personal property (or something else) in the house. The net effect is I get $500,000 but the sale is recorded as something less. Is this legal? If it is, are there any negative consequences for me?
3 Answers from Attorneys
Re: Purchase price
It seems that the buyers are trying to pull a fast one on Uncle Sam - a lower purchase price means less taxes to pay - be careful that you do not participate in fraud -
Re: Purchase price
My hunch is that the purchaser wants a lower amount recorded on the sale for real estate tax purposes. In other words, the tax assessor uses sales data in performing assessments -- the lower the sales prices, i.e., market value of the home, the lower the real estate taxes.
It is permissible to sell your personal property with your home, say, furniture, etc. But, whatever personal property you sell must have some realistic correlation to its market value. Don't sell your Chevy for $150K.
You want to make sure that you are not a participate, i.e., conspirator, in an attempt to defraud the government out of its tax revenues.
Also: What does your real estate lawyer say?
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.
Re: Purchase price
If you want to have 2 separate agreements to equal a price of $500,000 I suppose this might be okay. The first question that comes to mind is, "Why?"
If you want to go ahead with the sale and the two agreements, I would get both in writing before signing etither one. Also, make sure that if you are not signing at the same time as the other parties, that they sign the agreements first.
Again, this seems like an odd situation without knowing more about it.
Very truly yours,
Thaddeus J. Hunt
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