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'Builder Upgrades' - Large Discrepancy Between MLS SP & Recorded SP

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Phineas

Sophomore Member
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Jan 16, 2009
Professional Status
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North Carolina
So we are working on a new construction appraisal, just getting started, and started to look into some of the 'comps only' builder pre-sales. I have searched and read several different threads about this, but am still somewhat confused.

Essentially there is a major price difference when comparing the comparables' MLS sales prices to their actual recorded / tax stamp based sales prices. The listings do state that there were $XXK of 'upgrades,' however this was clearly not included in the purchase price recorded with the county. We called the listing agents, who said that basically 'the buyers paid cash for the upgrades' in addition to the 'base purchase price' of the houses.

It seems to me that if for example you paid say $500K for the house, and then spent an additional $50K in upgrades, then you would be purchasing the completed house for $550K? (they are not buying the property and subsequently making the upgrades - it's all completed at the time of purchase) In this example the recorded (tax record) sales price would only be $500K whereas the listing states SP of $550K (stating '$50K in upgrades' in the concessions portion of the listing) - if they actually paid that much why would it not be recorded as such?

Also, shouldn't this be reflected in the HUD statement / tax records (as the total purchase price)? And if it's not, then it seems to me that it was not in fact part of the purchase price.

We haven't seen the HUD statements (yet), however asked if this amount was included on them - they said it was not. So the buyers are buying a completed, new construction house - if they paid a certain amount for the house, plus X amount for upgrades, then why would this not be included in the HUD statement / recorded purchase price? Also why would the transfer tax not reflect this?

It doesn't seem like the county would be to appreciative of this (or the IRS for that matter), because the additional $50K basically has no 'track record' as far as I can tell, aside from their comment on the MLS sheets. They did mention change orders, but I would think those would need to be included in the HUD statement as well if they were part of the total sales price, right?

I know this is why verification of sales data is so important, however this is the first time I've run into this particular situation with such major discrepancies, and wanted to get some input / explanations of how you all handle this....obviously (for our appraisal) we will need to expand the search area and analyze re-sales / sales from outside the subdivision / etc, but I am curious as to how folks typically deal with this sort of thing.

It seems extremely mis-leading, first off to have such a large difference on the MLS versus what is recorded, not to mention that if they are actually paying these fairly large sums in cash (if that's even what's happening) in addition to the purchase price, yet not disclosing them on the HUD statements. It was my understanding that it should have the total purchase price as of the date of closing, regardless of how it was paid.

It also seems that the county is missing out on a lot of revenue stamps if this is what's happening - not that it should be any of my concern, but it just all seems pretty shady...any input is appreciated!

Also if this has been beaten to death then please point me in the right direction (sorry if so), I just figured with construction starting to pick back up so much that a lot of other people are probably running into similar 'issues'
 
What are you doing with spec homes? You trying to use them as comps? Really unreliable since you have no idea what they did to the house, not to mention that the house price is probably higher because it suits the needs of that one buyer. Avoid them as much as you can. Use model homes and completed new construction, as well as previously owned newer homes. If you have to use them, you need to do a lot of research and verification!!!
 
They are likely excluding the upgrades from the recorded purchase price to reduce the real estate tax bill (that's what they do here in California).
 
Also, shouldn't this be reflected in the HUD statement / tax records
if it isn't on the HUD, then is likely isn't real. It's the old "I got $1,200 for my coon dog.....but I took 10 $100 cats in on the trade."
 
I would be hesitant to use more than one of these as a comp...too hard to figure out what the heck is going on.
 
They are likely excluding the upgrades from the recorded purchase price to reduce the real estate tax bill (that's what they do here in California).

Is this not considered some sort of tax fraud / evasion? It is in one of the county's with relatively low property tax rates to boot.... And I understand that they are not reliable as comparables, however was taking a look at them because like I said they're the same builder / floor plan / etc and (of course) are the only closed sales in the subdivision in this size & price range.

While we will definitely include other / additional sales (and most likely one of these as an 'additional comparable') it seems like they should minimally be analyzed / mentioned (although not necessarily included as comps) considering their similarities ...the subject property is also a builder pre-sale, with what they claim are similar upgrades other higher / larger sales. I don't see how you could completely ignore (& not mention) them when they are the most similar sales and there are multiple, but what I really don't understand is how they can claim there are basically 2 different sales prices, and wanted to confirm that aspeCT prior to even mentioning them on the text addendum (which I think is warranted regardless of their use as comparables)

As far as excluding things from the HUD statement, that really seems borderline fraudulent to me..I was thinking that the county (and probably IRS) would definitely not be too happy - think about what happens when an individual 'omits' items at their own discretion from what they declare / state....especially considering the size of the subdivision and prices involved, the amount being excluded would add up rather quickly that the county is missing out on (yet there are public roads / county water / etc)

For the record when this aspect was brought up both the agents (that called back) immediately started down the 'I'll need to contact my attorney' - leading me to think they're well aware that it's not ethical / legal (but we will find out!) If these are the same as the closing attorneys are intentionally excluding $50K - $100K on the hid statement, I think it might be a bigger 'can of worms' than expected we've opened. .....will follow up via the appraisal board attorney on Monday but my curiosity is piqued!

I appreciate everyone's quick response haven't been on here in a while but there's obviously still a great deal of knowledge and experience around here....we will most definitely have to politely decline any future orders of this nature
 
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The realtors advise was-"contact your attorney".....would have snickered aloud and said maybe our local MLS board thank you. Verify your sales.
 
The listings do state that there were $XXK of 'upgrades,' however this was clearly not included in the purchase price recorded with the county. We called the listing agents, who said that basically 'the buyers paid cash for the upgrades' in addition to the 'base purchase price' of the houses.

While it is uncommon, there are some builders that do that. In the Phoenix area, we had a builder, Jackson Properties, that used to to something similar. They would write up the contract at the base price and that price that would be recorded on the affidavit of value. Then the buyers would either pay cash or get a second to pay for upgrades. Odd business model, but I guess it worked for them. I hated doing new construction appraisals for Jackson, good luck.
 
Hummm... MLS shows $550k, recorded figure $500k -and then there's $50k in upgrades.

If it weren't for the $550k MLS "record"
....why wouldn't it be $500k - $50k = $450k

Typical buyer can't come up with 10% down, and these clowns blythely
put down ? 20% ? in cash @ "Sale Price" plus another 10% cash in upgrades?

Perhaps it is that something is rotten in Denmark ?
.
 
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