Real Estate Definitions › Short Sale Process & Terms

Arm's-Length Transaction

Outland and Associates Real EstateJames Outland, Broker AssociateDRE #01314390

What is Arm's-Length Transaction?

An arm's-length transaction is a sale between a buyer and seller who are unrelated and acting in their own independent interest, with no secret side deals. Lenders require short sales to be arm's-length to prevent fraud — for example, a homeowner selling cheaply to a relative who lets them stay. Both parties usually sign an affidavit confirming this.

Example: To approve the short sale, the lender requires an arm's-length affidavit confirming the buyer isn't a relative or business partner of the seller and there are no hidden agreements.

Important Disclaimer

This definition is provided for general educational purposes only and is not legal, tax, or financial advice. Real estate laws and lending rules change and vary by situation. Before acting, consult a licensed attorney, CPA, lender, or other qualified professional in the State of California regarding your specific circumstances.

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