Subject to and Purchase contracts

Subject to and Purchase contracts

Homeowner · Windsor, CA · Member since 2014 · 10 posts · 7 votes

Hello Everyone, Im still very new to real estate.  I live in Northern California and I will be marketing here with the primary intent to wholesale.  If during the course of my campaign I am able to rehab or hold a property I will. 

I started to establish my marketing campaign and prior to launching it I want to ensure I have the necessary tools to get properties under contract (i.e. I need contracts).  I have met with several attorneys now and each has told me I should not use a "standard contract" as each property is unique as are the terms of purchase.  

1. Before launching my marketing campaign, should I have a standard purchase contract or option agreement that is fillable so that I can immediately present it to a seller? A sort of fill in the blank form.  Or should I meet with a seller, come to a verbal agreement and then contact my attorney to have them draft a contract?  What is the common practice?

2. I do not have a lot of liquid cash and as suck I am very interested in purchasing properties subject to the existing mortgage.  Every attorney I've spoken to has either stated this is illegal or they have been un able to help me.  Should I have a subject to contract already drafted or should this be handled on a case by case basis as well?

I apologize for my lack of knowledge/understanding but if you could take the time to provide a detailed answer I would greatly appreciate it.

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  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    10y

    David, welcome to BP!

    Thank you for your service! Are you still on active or reserve duty or a retired officer?

    I'm not sure what you told all those attorneys, but you thing I can assure you of, there is no standard contract in any state that cannot be used in any strategy, sounds to me like the attorneys up there are drumming up business saying because a property is unique the contract must be unique......horsefeathers!

    I see that you jumped the gun being brand new and established a business entity, nice logo, but being in the business of doing things is different than investing or operating in real estate. A business entity doesn't have all the "personal" freedoms or benefits of an individual. I suggest you study real estate before trying to do deals in real estate.

    Buying Subject-To is not illegal in any state, but it can certainly lead to legal issues quickly, which might be the reason the attorneys you spoke to are avoiding or evading you. Residential mortgages have an acceleration clause or due-on-sale clause you'll need to dance around. It's usually fine if you can get rid of the property within 90 to 120 days, or sooner than it takes to foreclose in your area.

    It sounds like you haven't grasped the basics of real estate yet, listening to podcasts, reading forums and blogs won't really cut it. Look at my profile, to the right are my blogs, read the "Develop a good BS Meter"!

    If you're still on active or reserve duty, then as an officer you understand conduct expectations while off duty, real estate can get you in trouble.

    You don't need a lot of money to get started, you do need an education before jumping in. Just as in the Art of War, you need a plan, make sure your plan is compliant, that the public in the caught in the battle area is considered, that you understand the area and circumstances before attacking. :)  

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