seller wants out of contract, end buyer has'nt closed

[Kevin Burton]

I have a house under contract with a seller of which ive assigned to an end buyer. The earnest money is already in escrow with the title company. the end buyer claims to be quieting the title. it is three weeks past the closing date we set on the contract and the seller keeps calling me wanting to close. after ive already told him that i assigned the contract. can he pull out even though it is in escrow?

[Sharon Tzib]

@Thomas Swindell here's the legal definition:

"A special legal proceeding to determine ownership of real property A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who has a claim to the land. If the owner prevails in the quiet title action, no further challenges to the title can be brought."

As @Wayne Brooks mentioned very early on in this post, it is the seller that quiets title, not a buyer. @Kevin Burton the fact that you don't know this is, frankly, a bit scary. All of your initial questions and subsequent comments seem to indicate the tail (buyer) is wagging the dog (you) here.

As a wholesaler, regardless if you assign the contract, it is your duty to stay involved and make sure both sides are complying with the contract. You cannot just assign it and be like, "Oh, I'm out, quit bothering me Mr. Seller, I already told you I assigned the contract."

Also, as a wholesaler, I would assume you'd like to get your fee, which can only happen if the deal closes, which at this point, looks doubtful given the buyer is trying to do something they won't be able to do, and you are not ensuring the smooth closing of this transaction at all by educating the parties and moving this process forward.

I'm not trying to be overly harsh, but you need to get back involved pronto and either right this ship, or cancel the contract and release the seller so they can move on with their lives. Think about how you would feel if you were them. Great that you're only losing $10, but they're losing a lot more.