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I am selling my house & have received interest from a soldier within my team. I have spoken with legal and they cannot give me a straight answer. Can I sell my house to him or is there any type of regulation that states I cannot due to fraternization or something I am not aware of?
CG-LGL10: Legal
Career Counselor
Fraternization
Career Advice
Posted 4 y ago
Responses: 8
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Of course you can sell your house, car, or motorcycle to your Soldier or any other Soldier.
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SFC (Join to see)
SSG (Join to see) legal are the worst people to speak about anything except actual laws. IG would actually be more appropriate because they deal with regulations. There is absolutely no law anywhere that prohibits you from selling your house, so legal is worthless in this area.
There's no gray area. Your house will be sold at a fair market value and the VA will not fund anything more than what they appraise it at. Realtors will handle the sales, mortgage people will handle the funding. It's all pretty much automated except for them choosing to sign, and you choosing which bidder you sell it to.
There's no gray area. Your house will be sold at a fair market value and the VA will not fund anything more than what they appraise it at. Realtors will handle the sales, mortgage people will handle the funding. It's all pretty much automated except for them choosing to sign, and you choosing which bidder you sell it to.
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To keep any perception from confusing things, use a realtor, to broker the sale,
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Yes but.....
I would recommend putting a buffer between you. BOYH of you use a realtor, so there is not even a POSSIBILITY of undue influence. I would also recommend you instruct your realtor, IN WRITING, to give you information "blind.". Only numbers, no names or other details.
Is that going overboard? Sure is. But I am on the "don't give them even a HINT of something to whisper about" team.
I would recommend putting a buffer between you. BOYH of you use a realtor, so there is not even a POSSIBILITY of undue influence. I would also recommend you instruct your realtor, IN WRITING, to give you information "blind.". Only numbers, no names or other details.
Is that going overboard? Sure is. But I am on the "don't give them even a HINT of something to whisper about" team.
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SGM Mikel Dawson
And may I add: It may cost a bit, but have a house inspector go over the house, this is called CYA.
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SSG (Join to see)
Realtor is being used and signed contracts with them so legally they cannot disclose such information pertaining to each other. Also, home inspection is being done & VA requires a separate termite inspection as well.
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I'm shocked legal couldn't give you an answer. One time sales of major items (such as a car or house) has been listed as an appropriate activity in almost every ethics brief I've had.
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This is an interesting thread. I’d say if you’re using separate realtors and all inspections, fair market value, etc are normal, I see zero issue. As long as you don’t deal directly. It’s a normal home buying. The ONLY possible issue I could see, is the perception your troop feels obligated to complete the purchase, but that’s a stretch.
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It's a sticky situation because of the perception of it. You create the potential for issues when you make business dealings with people you work with.
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SSgt Christophe Murphy
SSG (Join to see) - There isn't anything on the surface wrong. But selling cars and houses is tricky. If you sell it and a pipe bursts within the first few months it might be perceived that you sold a lemon or you put lipstick on a pig without addressing issues or not identifying them outright. If you do it I would recommend documenting it all and making sure it is airtight to avoid any shenanigan's
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SSG (Join to see)
Ill be including a 1 year home warranty out of my pocket during the sale of home. Not to mention the inspection that still has to be done during the process of buying. I assured him everything was in good order but ENCOURAGED him to still do the inspection rather than waive it so we can be safe on both ends.
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CPO Clifford Henry
SSG (Join to see)
Only thing I’d do on top of that is make sure he has a realtor working for him. That should eliminate any perception.
Only thing I’d do on top of that is make sure he has a realtor working for him. That should eliminate any perception.
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Not sure who you talked to a legal. Make an appointment with the lawyer that approves OG450’s. Even if you aren’t required to file a financial disclosure they can tell you whether it is legal. Be prepared to talk real numbers, appraised value and any other offers you received. My gut tells me that you can’t sell it to a subordinate for more than the highest bid you received from other potential buyers which maybe the gray area legal was referring too.
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SSG (Join to see)
I actually went under asking price with other very slightly higher offers on the table. My joe is ETSing in 9 months & has a guaranteed job when he gets out due to family owning a business nearby. Being his team leader, I've known he's been looking for a place for some time and what's been going on with him. Selling for me was spur of the moment since my wife and I decided to upgrade to bigger home so when I put my house up, I brought it to his attention. I have since posting reached out to IG as well as SFC Boyd recommended and they told me there is no issues.
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