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[Pamela Holmes]

What kind of agreement can I use if I am structuring a deal between a seller and a buyer without having a contract between me and the seller? For some unknown reason the seller do not want to be on contract with someone that is not personally buying the property. He mentioned that we can set up whatever deal/agreement without involving him. Here is the deal:

The seller has several properties in Birmingham in good condition, no rehab, all tenanted. He is offering to owner finance these properties at 6%. I mentioned that I know several investors in the Atlanta area that will be interested in these properties. He said I can market these properties. However, I will have to create my own agreement. He is not interested in dealing with a wholesaler. 

My issue is how can I assign these properties without being on contract with the seller?

[Nathaniel Carswell]

@Pamela Holmes That's awfully strange. I actually put my fee on the contract under the stipulations. For example:

∙ This is an "as is" sale

∙  Seller is to provide clear title at closing

∙ Seller is to pay Pamela Holmes a $1,000 marketing fee.

Or you can use a simple marketing agreement. I use one that's only 4-5 sentences long. Another option is to have the buyer pay you your commission. Just make sure you have an understanding with the closing attorney because regardless if your fee is on the actual sales contract or on the marketing agreement, it needs to be listed on the HUD to guarantee your pay