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Wholesaling

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Pablo Garcia
  • Investor
  • Brentwood, NY
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Purchase agreement question

Pablo Garcia
  • Investor
  • Brentwood, NY
Posted Sep 14 2017, 04:06

I searched but couldn't find anything.... 

When wholesaling, do you have to sign the purchase agreement with a title company or attorney or can this be done just between the seller and wholesaler? 

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Roland Paicely
  • Raleigh, NC
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Roland Paicely
  • Raleigh, NC
Replied Sep 14 2017, 07:25

I don't know laws in New York.  However, I sign the purchase agreement with the seller.

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Pablo Garcia
  • Investor
  • Brentwood, NY
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Pablo Garcia
  • Investor
  • Brentwood, NY
Replied Sep 14 2017, 08:51
Originally posted by @Roland Paicely:

I don't know laws in New York.  However, I sign the purchase agreement with the seller.

 Thank you, that's what I was thinking. The assignment though is with an attorney or title company, right? 

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Jessica Zolotorofe
  • Attorney
  • New Jersey
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Jessica Zolotorofe
  • Attorney
  • New Jersey
Replied Sep 14 2017, 13:48

You sign the purchase agreement with the seller, BUT you absolutely should have an attorney review first, especially in a wholesale situation, or there's a fair chance you are going to have your deposit on the line when the assignment provision or some due diligence provision or something wasn't properly negotiated and you can't get out of the contract without forfeiting your deposit. A title company shouldn't be involved at that juncture.

Account Closed
  • New York City, NY
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Account Closed
  • New York City, NY
Replied Sep 14 2017, 18:41

You sign between the seller and wholesaler.

Why would you sign with the title company? The title company isn't selling or buying anything.

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Sam Shueh
  • Real Estate Agent
  • Cupertino, CA
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Sam Shueh
  • Real Estate Agent
  • Cupertino, CA
Replied Sep 14 2017, 19:02

In New York you need an re attorney.

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Pamela DeLorenzo
  • Real Estate Investor
  • Niagara Falls, NY
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Pamela DeLorenzo
  • Real Estate Investor
  • Niagara Falls, NY
Replied Sep 20 2017, 18:23

You can sign with the seller but as @Jessica Zolotorofe has stated, in NYS you will use attorney's to oversee real estate contracts.  While title companies are involved with the process, it is the attorney's who will close for you.  On the west coast title companies are used-you just need to know what is procedure in your state of business.

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Ronald Sohan II
  • Brooklyn, NY
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Ronald Sohan II
  • Brooklyn, NY
Replied Sep 22 2017, 07:21

Hi Pablo,

I'm in NY also and looking for a Title Company that can do Double Closings, and Assignment of Contracts. Which ones have you found that can do these types of deals?

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Jessica Zolotorofe
  • Attorney
  • New Jersey
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Jessica Zolotorofe
  • Attorney
  • New Jersey
Replied Sep 22 2017, 07:55

National Granite is really good. The attorney really guides the process and the title company typically follows their lead, but if you choose not to use an attorney, they can definitely handle.

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Tom Gimer
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Tom Gimer
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Replied Sep 25 2017, 07:01

Contracts are between buyers and sellers. Title companies are typically not parties to sales contracts or assignment agreements. The only time a title company would execute such an agreement would be to acknowledge receipt of an EMD or some specific terms related to escrow/conditions of release of funds.

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Lakeem Anore
  • Business Owner
  • Wisconsin Dells, WI
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Lakeem Anore
  • Business Owner
  • Wisconsin Dells, WI
Replied Sep 26 2017, 14:07

Everyone talks about getting contracts reviewed but I rarely ever see people actually do it. 

And a "Wholesale transaction" isn't this super dangerous activity like some would make it seem on this site. 

Consult with someone who has actually been apart of real estate related litigation, just any old attorney won't do any justice. 

But to answer the question I can't name a single time a contract was signed by anyone but the buyer and seller.

Maybe on Mars?...