The Benefit of the Tax Credit being Extended
This might sound like a heresy coming from someone in the Real Estate business, but I don’t think it was a good idea to extend the first time home buyers tax credit. Except for one reason.
The Tax Credit Legislation had a bad ending
Have you even gone to a movie and enjoyed most of it till the ending; then you felt a huge let down? Maybe worse, you felt the ending ruined the whole movie. Well, that’s what was about to happen with the ending written for the $8000 first time home buyer tax credit.
It was hastily put together to try and stimulate the economy. It got quite a few people off the fence and into the market. But it also got a lot of people filling fraudulent claims for the credit. (Do people really think they won’t get caught?)
In the haste to get this legislation into the economic stew the ending wasn’t well thought out.
Termination: December 1, 2009
All purchase has to be FINAL before December 1, 2009
That was two days ago. Do you know what yesterday would have been like if for any reason a close that was to take place by Nov. 30, 2009 had been delayed? Today would be the beginning of “MASSIVE LITIGATION AND LAW SUITS AGAINST . . .”
Would it have mattered that Buyers waited to long to make a purchase? NO. What would matter is that IT DIDN”T CLOSE ON TIME.
Who would be getting sued?
Oh, let’s make a list of possibilities.
- Real Estate Brokerages
- Real Estate Agents
- Title Companies
- Lenders
Just a name a few of the obvious possibilities. The Real Estate industry was dreading the ending of this legislation wondering who would be stuck picking up the tab for the $8000 that the government wouldn’t be paying out but buyers were going to DEMAND be paid by SOMEONE to them.
The Better Ending
The benefit of the tax credit being extended is: The Better Ending.
Binding Contract Rule. So long as a written binding contract to purchase is in effect on April 30, 2010, the purchaser will have until July 1, 2010 to close.
This is the ending that should have been written originally. Maybe we don’t remember, but this legislation was itself an extension of sorts of the First time home buyer legislation. Granted the first required payment back to the government. So we could call this the extension of the extension. What ever we call it, it is a better ending.
The purchase contract has to be in effect by April 30 and then closed by June 30. This gives two months for the details of inspections, BINSR, Lender getting docs out of underwriting, etc. This time there should be no excuses or reasons for MASSIVE LITIGATION on the part of buyers.
Finally, the benefit of the extended tax credit. It should have a smooth ending, not one which brings a lot of pain and turmoil into the real estate markets across the country. Something the industry and the country don’t need; more turmoil in the economic stew.

