My loan officer and the agency guidance disagree about the concession cap
Contract price 425,000. My rep agreement says 2.5%, so 10,625 to my broker. Seller signed off on 3% in seller-paid costs, 12,750, and I was planning to run the commission through that and use the remaining 2,125 on prepaids.
Two problems appeared this week.
One, my loan officer says at 5% down my interested-party contribution cap is 3% and he's counting the buyer-broker fee inside that cap, which means the fee plus prepaids blows through it. My understanding of the agency guidance issued after the rule change is that seller-paid buyer-agent compensation is generally excluded from the IPC limit, which would leave me the full 3% for costs. He says his investor has an overlay. I've asked for the overlay in writing and haven't gotten it yet, which is its own signal.
Two, the appraisal came in at 419,000. If the cap is measured against the lesser of price or appraised value, the 3% is 12,570, not 12,750, and my numbers were built on the wrong base anyway.
The alternative structure is: cut the price to 414,375, kill the concession, and I pay my broker directly at closing out of the 19k I'm holding for reserves. Loan amount drops, my monthly drops, my reserves go to almost nothing.
I can't tell if I'm arguing about 2,000 dollars or about whether this closes.