1. Is it ethical to buy or sell with seller financing when you know that it triggers a due-on-sale clause?
Does the answer change if you know that the practice of the underlying lender is not to enforce the due-on-sale clause, which is the case with most lenders?
Does the answer change if you know that the underlying lender will enforce the due-on-sale clause, like Utah Housing, but you engineer it to avoid that lender discovering the transaction in time?
2. Is it ethical for an attorney or other fiduciary to recommend a client to use seller financing when the fiduciary knows it will violate the due-on-sale clause, but most likely the due-on-sale clause will not be enforced?
I listened to a very clever attorney talk about seller financing and how you can use it make profits in transactions. He did say that you should make sure any transaction is legal and ethical, but I couldn't help but wonder if he had any pause in making that statement while clearly advocating that his clients work around due-on-sale clauses.