BIC TIP #1291: The Tough Truth About Subject To Offers
Listing brokers are seeing more and more subject to offers land on their sellers’ kitchen tables. Stephen Long, your Notorious BIC, says these deals can work, but sellers need to understand one big detail before they sign: the original seller is typically still responsible for the mortgage.
What Subject To Actually Means
In a subject to transaction, the buyer takes over the seller’s current mortgage payments, and the deed transfers to the buyer. The existing loan stays in place rather than being paid off at closing.
On paper, that can look like a clean solution, especially for a seller who needs to move quickly or who has little equity. But the loan does not magically move with the deed.
The Seller Is Still on the Hook
Here is the tough part. The original seller whose name is on the mortgage is typically still responsible for that mortgage payment. If the buyer defaults or misses payments, the consequences fall on the seller. That could mean damaged credit and a loan in default on a property the seller no longer owns.
That is a serious risk, and it is not one a broker should try to evaluate or explain away on their own.
Present It, Then Refer to an Attorney
Stephen is clear that subject to offers are often good offers and can work well for a seller. Your job as the listing broker is to present every offer, including these. But before the seller signs anything, refer them to a real estate attorney for a consultation.
Whether a subject to deal is in the seller’s best interest is a question for the seller and their attorney to work out together. Your role is to make sure that conversation happens before the contract is signed, not after.
The Practical Takeaway
When a subject to offer arrives, present it to your seller, explain that they may remain responsible for the existing mortgage, and strongly encourage an attorney consultation before signing. Do not give legal advice and do not discourage a deal that may work. Just make sure your seller walks in with eyes wide open.
