Rochester, NY asked in Estate Planning and Real Estate Law for New York

Q: Options needed to purchase house from parent.

My father owns a house free and clear that he would like to sell to me. He does not live in the house but maintains it. He also has another house where he lives with his wife. I need to stay in my current home until kids graduate in 2024. My father is 87 and not in good health, he may not be around in 4 years to sell the property to me when I'm ready to move. The property is less than 50 miles from my current home. I have excellent credit but not much saved for down payment or enough income to cover another mortgage payment. I know many people must have been down this road before. What are some possible solutions for selling the house to me? Thanks!

2 Lawyer Answers
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: If your father is agreeable to delaying the receipt of the proceeds from a sale of the property, he could sell the property to you now and take back a baloon mortgage that becomes due at the time you intend to be ready to move. This way the purchase price and sale are confirmed and you become the immediate owner of the property. When the balloon mortgage comes due, you could refinance so you you let your father enjoy the proceeds.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: There are solutions that need to be discussed with an attorney.

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