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Ethics & Fraudmedium18% of exam

A builder with 9 unsold units offers buyers a $40,000 undisclosed credit after closing to clear the inventory. What fraud scheme does concealing these post-closing incentives from the lender illustrate?

Correct Answer

C) A builder-bailout scheme concealing incentives material to the lender's underwriting

C. The hidden buyer credit is a builder-bailout fraud warning sign. The builder is moving unsold inventory using a $40,000 post-closing credit concealed from the lender. The central issue is misstating the transaction’s economics, not the mere existence of seller assistance. The FBI’s cited case describes concealed builder cash-back payments. Scope and exceptions: Properly disclosed assistance may be allowed under applicable program limits. A fraud-risk classification is not a criminal judgment about an actual person. Source: Builder-bailout cash-back scheme, November 13, 2009 — https://archives.fbi.gov/archives/losangeles/press-releases/2009/la111309.htm

Answer Options
A
A permissible discount even though it is concealed from the lender
B
A permissible concession whenever it is below a universal 6% cap
C
A builder-bailout scheme concealing incentives material to the lender's underwriting
D
A permissible incentive whenever every unit receives the same credit

Why This Is the Correct Answer

C. The hidden buyer credit is a builder-bailout fraud warning sign. The builder is moving unsold inventory using a $40,000 post-closing credit concealed from the lender. The central issue is misstating the transaction’s economics, not the mere existence of seller assistance. The FBI’s cited case describes concealed builder cash-back payments. Scope and exceptions: Properly disclosed assistance may be allowed under applicable program limits. A fraud-risk classification is not a criminal judgment about an actual person.

Why the Other Options Are Wrong

Option A: A permissible discount even though it is concealed from the lender

Concealment prevents the lender from evaluating the true transaction.

Option B: A permissible concession whenever it is below a universal 6% cap

A supposed universal percentage limit does not authorize undisclosed credits.

Option D: A permissible incentive whenever every unit receives the same credit

Offering the same concealed arrangement to every buyer does not legitimize it.

Exam Tip

Verify and disclose concessions; a post-closing payment can change the real purchase economics.

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