AC-018 Important VA Temporary Local Variance for Certain Buyer-Broker Charges

NOTICE TO ALL CUSTOMERS

Important VA Temporary Local Variance for Certain Buyer-Broker Charges

FLCBank would like to notify customers of VA’s Temporary local variance for certain buyer-broker charges (including commissions and any other broker-related fees) which became effective for purchase contracts dated on or after August 10, 2024, subject to the following requirements for permissibility.

 

  1. Loan Origination and Underwriting Criteria
  • The property being purchased by the Veteran is an area where listing brokers are prohibited from setting buyer-broker compensation through multiple listing postings; or buyer-broker compensation cannot be established by or flow through the listing broker.
  • The Veteran/borrower buyer-broker charges cannot be included in the loan amount.
  • The Veteran/borrower buyer-broker charges paid or to be paid by the Veteran are to be considered when determining whether the Veteran has sufficient liquid assets to close the loan.
  • Because VA considers the buyer-broker representation agreement to be part of the sales contract, VA expects the loan originator/lender to upload the agreement when requesting an appraisal in WebGLY, and the lender must retain a copy of the agreement in the credit documents of the loan file.

 

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