I want to apologize in advance for my newbie question as I'm sure it has been covered.
I am working on my first deal which will probably be an assignment deal. i would like to review to make sure I have the process correct.
1) Purchase agreement with the seller with my signature with (and/ or assigned)
- POF letter at this stage?
- At least $100 refundable from me in escrow?
2) Assignment contract with the assignee (someone on my buyers list)
- require $1000 non refundable in escrow from
assignee?
Is this correct?
Also, in my purchase agreement, I will put 30-45 days to close so I can find an assignee?
What happens if I don't find an assignee within those 30-45 days?
I have researched the contracts and assignment sections of the forum and honestly a lot of it has made my head spin.
Do I just use the contracts that are provided in the Student resource section?
Do the already have all the contingencies and outs that I need in case I don't find an assignee?
I am extremely anxious to get my first deal under my belt. The only thing that is holding me back right now is understanding the contract process and the fear of getting stuck with a property I can't afford.
Thanks for the help.
{J}
All contracts will have an inspection clause. Put in a 15 day inspection clause, which will let you get out of the contract if you do not find have an investor. The 15 day inspection period is the time you have to get your buyer lined up. If you do not have your buyer within that 15 day inspection period you can get out of the contract. That is why it is important to have your list of buyers line up.
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Shouldn't I have the inspection clause to be longer than 15 day? How exactly do you get out of the contract? On the last day do you just say that the property did not pass my inspection and then walk?
thanks
You don't need a pof letter if its a fsbo, agents and banks require pof letters. I am assuming you have a fsbo deal. You can also put in as a clause with the inspection, partners approval. That will give you another way out of the deal. If its a great deal I dont see a problem moving it.You dont want to go into a deal thinking about getting out of it. If you cant get a buyer then reach out to others who can bring a buyer to the table for a % of your profit.
As far as EM my agent puts in the contracts that its due 10 days after acceptance of offer. By that time you ca n get that from your end buyer so its no money out of your pocket.
good luck
Richie
We always put in our contracts that the EM is payable after the approval of inspection. and yes if you do not have a buyer you have to back out of the deal.
The inspection can be more than 10 days but you may not get it . It doesn't hurt to ask
"Don't tell me I can't, Tell me how I can."
I always put in my contract that the deal is Subject-to Partners Approval withing 14 days. If I can't find a buyer in that time, then I contact the seller and say, "After my partner did an inspection and ran some numbers we realized that the numbers didn't quite meet our minimum investment requirement." If I think that I might still be able to find a buyer given a little more time, then I add, "However, If you'd agree to extending my due diligence period another 7 days (or 14 days, or however long they will agree to), then I will contact a few of the investors I know to see if I can still close on the property." Sometimes the answer is yes, sometimes no, but it never hurts to ask.
Stephan Roberts
"In absence of clearly defined goals, we become strangely loyal to performing daily acts of trivia!"
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I will remember to write my contracts with EM being payable after approval of inspection. I will make a note of that. Thanks!
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Thanks for all the help. Should I do a title search before putting in an offer?
Hey JDubb340,
No need to worry about a title search. That is for the end buyer to worry about unless YOU are going to be the end buyer.
Stephan Roberts
"In absence of clearly defined goals, we become strangely loyal to performing daily acts of trivia!"
Here is a FREE property analyzer I've found:
https://tvallc.infusionsoft.com/go/RehabLite/sroberts/
It's a great tool to use to help analyze your deals (and did I mention it's FREE)! But, you really should spend the $97 and get the full premium edition! IT'S AWESOME!!
Hi
I currenlty have a few questions about going through with the AWESOME deal.
Ok, my situation is I have a owner that is willing to work with me to get my first deal done and he want to have me take over the note and give him 10.000, this house has 4 apartments in it and have a tenant in it currently, this is a great deal that I do not want to loose, I am going to get the property locked up, tomorrow July 5, 2012, however I do not have any money to give him . How do I go about keeping this awesome deal, can I get the money through Hard Money lenders without having an LLC?
Please give me step by step on how to do this deal.
Your help would be greatly appreciated.
Thanks,
Shelby
No need to worry about a title search. That is for the end buyer to worry about unless YOU are going to be the end buyer.
Shouldn't I do one anyway to make sure I can assign the contract easily? I can imagine I won't be able to find an end buyer if they do a title search before they sign my contract and find a problem. Would it be better to be safe than sorry in this case?
In an assignment contract, when do I get paid my assignment fee? Is that something I should mention in the contract? Does that happen at closing between the seller and the assignee?
you should receive your assignment of contract fee when you assign your contract. To do otherwise shows that you really aren't being paid an assignment fee but are participating in the purchase as an agent. Think about it in a business sense even though that is not how it is always done. People justify other payment models.
Always Looking to Acquire Houses | Always Looking to Amaze Investors
So basically when you send the assignment contract to the assignee you ask for payment before.......what exactly. I'm sorry for the silly questions but this is my first assignment and to top it off its an out of state assignment.