The new location for this page is
https://www.montgomerycountymd.gov/DHCA/MPDU/mpdu-Homeowners.html
RESALE OF AN MPDU DURING THE CONTROL PERIOD
- One-page Summary of Steps for the Resale of an MPDU During the Control Period
- Resale and Refinance Price Request Form
- Request for Credits for Home Improvements to MPDUs - 10% Limit
An owner of a Moderately Priced Dwelling Unit (MPDU) who wants to sell their MPDU during the applicable MPDU control period must work with the MPDU Office. An owner planning to sell an MPDU should request an MPDU Maximum Resale Price as soon as possible. The process of reselling an MPDU can take considerable time. (A one-page summary is available at this link .)
Step 1 – Obtain MPDU Maximum Resale Price
To resell an MPDU, the MPDU owner must write to the MPDU Office to request the resale price for the MPDU. The MPDU owner must print out the Resale and Refinance Price Request form and include the following information with the request:
- the owner’s name, along with owner’s daytime phone number and email address
- the address of the MPDU
- an itemized list of any capital improvements made to the MPDU, if any, and copies of receipts for these improvements. Additional information can be found at this link .
The MPDU Maximum Resale Price is determined by the initial purchase price, plus an allowance for the increase in inflation from the date of the initial settlement on the MPDU through the date of the resale price determination. The increase permitted for inflation is based on the Consumer Price Index for the Washington Metropolitan area (CPI-U). The MPDU owner can also receive credit for allowable improvements.
The following is an example of the resale price calculation for an MPDU:
|
Initial Acquisition Price in 2012 |
$130,000 |
|
Increase in the CPI (5.8% increase since 2012) |
$7,540 |
|
Documented Approved Capital Improvements* |
$3,000 |
|
MPDU Maximum Resale Price |
$140,540 |
|
Real Estate Commission** |
$8,432 |
|
MPDU Maximum Listing Price |
$148,972 |
* Documented Approved Capital Improvements: For more information can be found at this link .
** Real Estate Commission : MPDU owners are permitted to use a Real Estate Agent to help with the sale, if, as is likely, Montgomery County decides not to purchase the MPDU. When a licensed Real Estate Agent is used, the Maximum MPDU Listing Price, as determined by the MPDU Office, is adjusted to include a listing credit up to 6% of the Maximum MPDU Resale Price (the actual percentage permitted is determined by the listing agreement signed between the Real Estate Agent and the MPDU seller).
The MPDU Office will send to the MPDU owner the MPDU Maximum Resale Price for the MPDU and an MPDU Marketing Form.
Step 2: The MPDU owner notifies the MPDU Office that they want to sell their MPDU
After an owner receives the calculation of the MPDU Maximum Resale Price, the owner must let the MPDU Office know that they have decided to sell their MPDU by completing the MPDU Marketing Form that was sent to the owner along with the letter providing the MPDU Maximum Resale Price. The owner must send the MPDU Marketing Form to the MPDU Office by email to [email protected].
Step 3: Montgomery County Reviews the Resale MPDU
The MPDU must first be offered through the MPDU Office to Montgomery County and the Housing Opportunities Commission (HOC) which both have the right to purchase the MPDU. At this time, Montgomery County is not purchasing MPDUs, and HOC rarely purchases resale MPDUs. However, this step is required. The MPDU Office will notify the MPDU owner of Montgomery County’s and of HOC’s response by email.
Step 4: The MPDU is offered to MPDU Program participants; Find a Real Estate Agent
If Montgomery County or HOC do not purchase the MPDU (and currently they are not purchasing resale MPDUs), the MPDU must be offered to certified MPDU program participants. The MPDU owner needs to use a licensed Real Estate Agent to help with this process. When a licensed Real Estate Agent is used, a real estate brokerage fee of up to 6% of the MPDU Maximum Resale Price will be added (the actual percentage permitted is determined by the listing agreement signed between the Real Estate Agent and the MPDU seller). This new price is called the MPDU Maximum Listing Price.
Real Estate Agent training (required). If the MPDU owner’s Real Estate Agent is new to the MPDU program and has not previously received training from the MPDU Office, the Real Estate Agent must contact the MPDU Office by email to [email protected] to request training. The Real Estate Agent must market the MPDU only to certified MPDU program participants selected by the MPDU Office.
All MPDU resales are handled through a Random Selection Drawing (RSD) process that is a cooperative effort between the Real Estate Agent and the MPDU Office. This means that the MPDU is advertised on the MPDU website using information supplied by the Real Estate Agent, including a marketing flyer with photos and other information about the MPDU, as available. The flyer is displayed on the MPDU website and certified MPDU program participants can enter the RSD for the MPDU. The flyer will list any required open houses with dates and times.
Step 4A – IF NECESSARY – Obtain a Waiver and Market the MPDU to Households Outside the MPDU program.
After the RSD, if no certified MPDU program participants are interested in buying the MPDU, the owner can request, in writing, permission to sell the MPDU to persons who have not already signed up to participate in the MPDU program. Please be aware, however, that an MPDU sold to non-participants remains an MPDU, and all rules governing the MPDU program remain in effect, including the limits on the resale price of the MPDU, and the requirement that the buyer must occupy the MPDU as their primary residence. The MPDU will be offered to the general public at the Maximum Listing Price.
In order to open resales to the general public, the MPDU owner or their real estate agent must email a letter to [email protected]. The seller must wait for a written response from the MPDU Office before marketing the MPDU to the general public. After the seller receives a copy of the written approval from the MPDU Office, the real estate agent can list the MPDU on the Multiple Listing Service (MLS).
When marketing the MPDU to the public, the real estate agent must clearly inform the interested purchaser that the MPDU will continue to be subject to the requirements of the MPDU law and regulations. The buyer must be a first-time homebuyer. Any member of the general public who is interested in purchasing the MPDU must meet with an MPDU staff person prior to signing a sales contract to be informed about the requirements of the MPDU program before they are considered a qualified buyer .
Step 5 – Enter into a Sales Contract with a Purchaser of the MPDU; Complete the Sale
After a qualified buyer submits an offer on the MPDU, and the owner accepts it, the sales contract can be signed. The following documents must be provided to the MPDU Office within ten days of the signing of the sales contract. The Real Estate Agent will be responsible for getting these documents to the MPDU Office:
- The purchaser’s original MPDU Certificate of Eligibility (In cases where permission to sell to a non-certificate holder has been granted, this item does not apply.);
- The original signed Purchaser Agreement form (this is an extremely important document to the MPDU Office for enforcement purposes);
- The signed original Receipt of Chapter 25A and MPDU Covenants;
- A copy of the executed sales contract including the addendum referencing the MPDU covenants;
- After settlement, the ALTA Settlement Sheet; and, a copy of the two-party deed that includes on the first page of the deed a reference to the MPDU covenants.