In the world of real estate, "contingency" is a dirty word. It means something else has to happen before a deal can go through.
Maybe the property has to pass a clean inspection. Or perhaps the buyer has to apply for financing within a certain time period. If the inspection discovers termites or the buyer fails to seek a mortgage within the allotted time frame, the sale shifts back to neutral until those issues are resolved.
One of the most dreaded contingencies is the one that requires a would-be buyer to first sell their current residence. Generally, the buyer needs the money from that sale to buy the new place, so they make the contract conditional on selling it. If they can't sell it, or can't obtain the price they need to make the deal work, the contract on the new house becomes null and void.
Sellers don't particularly like the "sell-my-home-first" contingency -- some won't even accept offers that include it -- because, in effect, it takes their properties off the market until the buyers either sell or give up trying. Buyers are typically given between 30 and 90 days to sell; only after the contingency expires can the seller move forward.
A buyer could, of course, simply wait until their current place sells before buying another. But then they'd likely need a short-term rental or other temporary home between the purchases. They would also face the hassle, and expense, of moving twice.
Alternatively, they could move forward with buying a new place, carrying both mortgages until the old house sells. But that isn't feasible for most people.
Another option is a bridge loan, also known as gap financing, which fills the gap between the two properties. When your house sells, you use the proceeds to pay off the bridge loan.
Convenient, yes, but expensive. These loans often entail higher interest and origination fees compared to traditional loans. Furthermore, they are typically available only to those with excellent credit and low debt-to-income ratios.
Yet another option is to talk to your agent. Many real estate companies and/or agents offer "buy-in" programs, in which they purchase your place if it doesn't sell. But most often, they want a deep discount. Then, they might spend a few dollars to fix it up and paint it before selling it and pocketing the difference.
Over the last few years, entire companies have been formed to do what agents have long done on their own. But as prices and loan rates continued to rise, their business models became less attractive.
More recently, other options have come forth to solve the sell-buy conundrum. One is Flyhomes; another, Cash to Win. Each with its own MO, they essentially provide the money you'll need to buy a new house prior to selling your old one.
Flyhomes, which works with over 30,000 loan officers, isn't new: It is 10 years old and has helped over 6,000 clients bridge the gap. With its Buy Before You Sell program, the company places a guaranteed backup offer on the departing residence, thereby removing the home sale contingency.
Then, it places a "cost effective" home equity loan on the old place so you can use the proceeds as a down payment and closing costs for the new house. The rate: 9.99%. Loan origination charges are separate.
You continue to try to sell the house. But if it doesn't sell after 180 days, you can sell it to Flyhomes at the backup contract's agreed-upon price. If it eventually sells for above that contract's price, you get the overage, less the agent's commission and some other selling fees. The cost: 0.5% of the selling price, with a $2,500 minimum.
Flyhomes' CEO and co-founder Tushar Garg tells me that with the backup contract, it's "as though the old house is already sold." Consequently, the mortgage on it no longer counts as part of your debt-to-income ratio on the new mortgage, so you can qualify for a larger loan and better terms.
The Buy Before You Sell program may be called by a different name, depending on the lender, so ask around.
Cash to Win works differently. The company, in consultation with the seller and their agent and after a home inspection, determines a fair selling price. It then purchases the place at that price and lists it with the seller's agent. There's a 1% to 3% fee to use Cash to Win.
The company advances up to 70% of the equity to the seller, who can use the funds for a down payment and closing costs. The company holds back 30% of the equity to cover its selling costs, settlement charges and miscellaneous other fees, including 9% per day on all advanced funds. When the house is sold, what's left is remitted back to the seller.
If the house doesn't sell within 60 days, Cash to Win charges an additional 0.5% of the sales price. After the first 60 days, the company is free to reduce the listing price as it sees fit.
If the house is not sold after 180 days, the company retains what remains of the 30% holdback. But if it is sold above the original asking price, the owner gets the difference.
California broker Jeff Lazerson has done several deals with Cash to Win. He says the program is roughly a third the cost of a bridge loan. But he warns that sellers "must be realistic" when it comes to pricing their houses.