The Government Affairs division of the NAR just released Answers to a few important questions that have come into light as the result of the $8,000 tax extension and the expansion to of a $6,500 credit to buyers who are NOT qualified as first time home buyers. I was also able to find a few more great answers from Robert Dietz, economist for the National Association of Home Builders.
We feel it is important to provide this valuable information in a timely manner. Please keep in mind that the bill is scheduled to be signed into law today and the fact are unfolding as I post this imformation......
Here are some of the most frequently asked questions on the changes to the Homebuyer Tax Credit
Question: "When does the program start? I already signed a contract, it closes in December & have owned our house for 11 yrs.... Do we qualify for the $6,500 credit?"
Answer: You qualify, says Robert Dietz, economist for the National Association of Home Builders. The bill will become law when the president sigAnswerns it, which was expected to be Nov. 6. In general, Mr. Dietz says, home buyers who close on their house after the bill is signed qualify.
Question: - Existing homeowner credit: Must the new house cost more than the old house?
Answer: - No. Thus, for example, individuals who move from a high cost area to a lower cost area who 
meet all eligibility requirements will qualify for the $6500 credit.
Question: I am an existing homeowner. On October 25, 2009, I signed a contract to purchase a new home. I have lived in my current home for more than 5 consecutive years and am within the new income limits. I will go to settlement on November 20. IfPresident Obama has signed the bill by the time I go to settlement, will I qualify for the new $6500 tax credit?
Answer: Yes. The existing homeowner credit goes into effect for purchases after the date of enactment (when the bill is signed). There is no reference to the date of contract for the new credit. The provision looks solely to the date of purchase, which is generally the date of settlement.
Question: I am a first time homebuyer but was not within the prior income limits at the time I entered into my contract to purchase on October 30, 2009. I will be covered, however, by the new income limits. If the new rules have been signed into law by the time I go to settlement, will I be eligible for a credit?
Answer: Yes. The new income limitations go into effect as soon as the President has signed the bill. The income limit and other eligibility rules will look to your status as of the date of purchase, which is the settlement date. So if the new rules have been signed when you go to settlement, you should be eligible for the credit (or a portion of the credit if you're within the phaseout range).
Question: "My husband and I were transferred from (Texas) to (Indiana) over the summer for his job. We had owned our home in (Texas) for 11 years. We closed on our new (Indiana) home in August 2009. If the tax credit will be retroactive, we qualify in every other way. Anyone know if we will qualify for this tax credit, or if we're going to get taken for $6,500 just because we bought a few months too soon?"
Answer: Unfortunately, the bill has no "grandfather" clause, Mr. Dietz says. "If you're an existing homeowner, and they've closed prior to the date of enactment, when the president signs the legislation, they simply do not qualify."
Question: I am an eligible existing homeowner. I have a fair amount of equity in my home. I have found a home with a nonnegotiable price of $825,000. Will I be able to use any of the $6500 tax credit?
Answer: No. The $800,000 cap on the cost of the purchased home is firm at $800,000. Any amount above $800,000 makes the home ineligible for any portion of the credit. The $800,000 is an absolute ceiling.
Question: I owned my home for 10 years, but sold it two years ago year and have been renting since. If I purchase a home, will I be eligible for the $6500 tax credit if I meet all the other eligibility tests?
Answer: Yes. Because you lived in the home for more than 5 consecutive years of the previous 8, you will qualify for the $6500 credit. For example, Say John and his wife bought a home in 2000 and lived there until 2008 when he got a divorce. Whether John has been renting or bought in the interim, he WOULD INDEED be eligible for the credit because he owned a home and occupied it as his principal residence for 5 consecutive years out of the last 8 years. The keyword here is "consecutive." As long as he lived in that house for 5 years straight what he did since 3 years doesn't impact eligibility.
Question: I am an eligible first-time homebuyer. I entered into a contract to purchase on November 1, 2009. Do I have to go to closing before December 1? How does the extension date affect me?
Answer: You do not have to close before December 1. Once the legislation has been signed, it will be as if the Nov 30 date had never existed. Therefore, so long as the contract settles before April 30 (or July 1, worst case), the purchaser will be eligible for the credit.
Question: "I sold my first house of 7 years this past July. I am currently building a new house and it is scheduled to be finished in the next few weeks. If I officially close on it in December can I qualify for the $6,500 or did [I] just fall through both cracks?"
Answer: It depends. If you are purchasing the lot from the builder and close after the bill is signed, they should be eligible, Dietz says. If instead the home buyer owns the lot, he or she will have to occupy the building before the bill's sunset date of April 30, 2010.
For a comparison chart provided the NAR - please visit this link:
The NAHB, National Association of Home Builders has put together the most comprehensive site and is sure to provide answers to may questions you may have. Please visit the links below -
FAQ - First Time Home Buyers -
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Thanks, Gwen. I found that very helpful. Keep up the good work. Should be a good couple of months in home sales.