RESOURCES

A Vendor Take-Back Mortgage (VTB) is an alternative financing solution where the seller accepts part or all of the purchase price consideration in the form of a mortgage from the buyer registered against title to the property being purchased. In a VTB, the seller acts as the lender, allowing the buyer to make payments directly to the seller. The terms—interest rate, repayment schedule, and loan duration—are mutually agreed upon and legally registered as a mortgage on the property. For example, if a buyer secures a $500,000 mortgage from a lender but needs an additional $100,000, the seller can provide a VTB as a second mortgage behind the $500,000 first mortgage for that amount at agreed upon terms. This ensures that the transaction gets completed without delays.

Why Consider a VTB?

For buyers, a VTB can make homeownership more accessible, especially for those who may not qualify for traditional financing. It is particularly beneficial for self-employed individuals, those with limited credit history, or buyers interested in unique properties. Additionally, the terms can often be more flexible than those offered by banks, allowing for customized interest rates and repayment schedules. Buyers who struggle with strict lender requirements may find that a VTB opens up more opportunities to purchase their desired home.

For sellers, offering a VTB can attract more buyers, making it easier to sell a property, especially in a slow market. It also provides a steady income stream, as sellers earn interest on the loan, creating passive revenue. Another advantage is that it can speed up the sales process, reducing time on the market and minimizing carrying costs associated with maintaining the property while waiting for a buyer.

Risks & Protections

For sellers, one of the main risks is the possibility of buyer default. If the buyer stops making payments, the seller may need to go through mortgage enforcement proceedings by way of either Power of Sale or Foreclosure, which can be costly and time-consuming. If another lender holds the first mortgage on the property, the seller’s VTB loan may be in second position, meaning they are only repaid after the primary lender. Due diligence is crucial, and sellers should thoroughly assess a buyer’s financial stability before agreeing to a VTB.

For buyers, VTBs sometimes come with higher interest rates than traditional bank loans. If the buyer cannot meet the repayment terms, they risk losing the property through mortgage enforcement proceedings. Buyers should carefully review all terms and ensure they can meet their financial obligations before entering into a VTB.

Legal & Financial Considerations

A VTB agreement should be legally binding and clearly outline the loan amount, interest rate, repayment schedule, and default consequences. It should also include dispute resolution terms to protect both parties.

Example: A Successful VTB in Action

A couple looking to buy a $600,000 home secures a $450,000 loan from a bank and has $100,000 in savings, leaving a $50,000 gap. The seller agrees to provide a VTB at 5% interest for five years. This allows the buyers to purchase their dream home without needing additional bank financing. The seller benefits by earning $2,500 annually in interest while successfully closing the sale. The VTB also includes a clause that protects the seller, allowing them to either sell or reclaim the property if the buyer defaults.

A VTB can be a win-win solution, but professional legal guidance is essential. Our dedicated team at Kormans LLP is committed to providing personalized, professional legal services. Whether it is drafting or reviewing your agreements such as a VTB or assisting with other closing concerns, we work diligently to ensure fair and just resolutions to protect your rights. Contact us today at info@kormans.ca or call (905) 270-6660 to discuss how we can support you.

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M. W. Faizan is an Associate Lawyer at Kormans LLP. You can reach M. W. Faizan here: mwfaizan@kormans.ca.

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