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David Wilhite
  • Real Estate Agent
  • Berkeley, CA
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assigning a deal in California

David Wilhite
  • Real Estate Agent
  • Berkeley, CA
Posted Jul 27 2020, 16:30

Hello my California colleagues,

I have wondered for a long time about the legality/ethics of assigning a California Association of Realtors (CAR) residential purchase agreement to another buyer, as in the situation of a wholesaler bringing in a cash partner to close on a deal they made.

I have been told you cannot assign the contract. For years I have searched for the "secret" of how it is done because I *know* people are making money from wholesaling. 

I stumbled across proof-positive undeniable advisory from the authority.

Contracts are assignable with the seller's consent. State your intentions early, have it in writing (I somehow believe this can be as simple as a handwritten note - please verify yourself), get a signature, keep the deal moving along.

Nothing mystical. Nothing behind dark curtains. No boogeymen.

Here is a link to the document. It is 30 pages long but the portion you need to see is pictured below, page 23 I think.

I sincerely hope this clears up any clouds around the subject that some people may have. I feel like I discovered the wheel! LOL

(https://www.car.org/-/media/CAR/Documents/Transaction%20Center/PDF/Mortgage%20Rescue/Back%20to%20Basics%20-%20Mortgage%20Related%20Lender%20Clauses%20Part%202%20-%204-11-18%20Printed)