Real Estate Wholesaling

The Key Phrase in Wholesale Contracts That Could Cost You

Expertise: Personal Development, Real Estate Wholesaling, Real Estate Investing Basics
99 Articles Written
meeting-contractor

Did you know your assignment agreement can lose you thousands of dollars?

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I want to give you the right information, and not the typical fluff of “just assign your contract.”

The Assignment Agreement

Like many others, you probably got your assignment agreement and purchase contract from the internet. That’s fine; things are tight when you’re just starting out and you have to get it how you can. I did the same thing. However, you have to be careful, because there’s verbiage in your assignment that can cost you.

Related: Contract Assignment 101: The Beginner’s Guide to Wholesaling Real Estate

The assignment agreement assigns all terms and conditions of the contract to your end buyer. I’m sure if you’re on BP you have the education to know this by now.

This agreement allows your buyer to replace you as the buyer of the property.

However, your verbiage in your purchase contract can create an out clause for your end buyer.

contract-in-writing

The Purchase Contract

A wholesaler should have the following in their purchase contract:

  • Seller name
  • Buyer name
  • Property address
  • Purchase amount
  • Signatures
  • Some legal consideration (earnest amount)
  • Dates of signatures
  • Close of escrow date
  • Statement that buyer will pay all customer closing costs
  • Buy as-is
  • Inspection period

The key here is the last item, the inspection period.

Related: What Is A Double Closing? A Real Estate Wholesaling How-To

We know as wholesalers that this is the escape clause to cancel the contract if you can’t find a buyer. As long as you find a buyer within the timeframe, you’re good.

Where the problem exists is in the purchase contract. The assignment agreement allows your buyer to stand in your place to close the contract. This is standard practice unless you’re double closing.

You and your buyer agree to put down the required earnest money to lock the deal in, and you're under the impression everything is great. Right about now you're counting your money and planning what you're going to do with your recently found fortune, but there's one thing.

You assigned all the terms and conditions in the purchase contract to your buyer.

What’s the Issue?

You’ve assigned the contract to your buyer, but what if there are still inspection period days left on the purchase contract?

What you just did was award your end buyer access to the inspection period, and an out clause. Even if your buyer put earnest money down, they can have it refunded.

So here’s what you need to do. Make sure in your assignment agreement you clearly state: “The inspection period referenced in the original purchase contract does not convey to the assignor of this agreement. The inspection period is null and void upon execution of this assignment agreement, and all earnest money is nonrefundable.”

This simple oversight can cost you thousands of dollars. If you’re working with a very experienced buyer they will look for this and if it’s not there they can tie up your deal and use this clause to get out the deal.

What wording do you include in your contracts to keep yourself protected?

Let us know in the comments below.

Marcus Maloney is a value investor and portfolio holder of residential and commercial units. He has completed over $3.3 million in wholesale transactions. Currently, Marcus is a licensed agent who ...
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    Rose Walters
    Replied about 1 month ago
    Thanks for this article, I have done some wholesale deals but did not have that wording in my contract.
    Terry Garrett New to Real Estate from Charlotte, NC
    Replied about 1 month ago
    Do you have any contracts available? I'm just starting out and trying to land my first deal but I want to be ready when it comes.
    Joseph Crunkilton Specialist from Tualatin, OR
    Replied 30 days ago
    Loving these blog posts, Marcus! Using your advice and going through an offer with a seller tonight. Much more competitive than my original proposals. Looking forward to connecting after the first closing!
    Deb S. Investor from Punta Gorda, FL
    Replied 24 days ago
    Thanks for this info!
    Shawonne Harris Wholesaler from New Jersey
    Replied 16 days ago
    Thank you for this article..I am trying to build up confidence to do my 1st Wholsaling tonight on a ny foreclosure multifamily home for only $74,000..good condition.. Your article helped me to build confidence that I am not going to be ripped off. Thank you & God bless
    Anita Williams from Atlanta, GA
    Replied 10 days ago
    Thanks! I looking for my first wholesale deal now and that is priceless information!