Can a JV/Partnership agreement ,between, you and the seller, be used to conduct a wholesale deal instead of using regular assignment contracts? I was thinking about doing this if all i am doing is getting a firm ask price from the seller and then locating a buyer. My fee for locating a buyer would be an agreed upon "buyout" percentage if the deal closes.Thank you, Dan
Yes, if you are astute enogh to pull it off. The owner deeds you an interest by quit claim, like 5% and then you move on to the sale. This was a technique popular with some years ago. I'm not sure how it would play in a SS or for the seasoning requirements for any new lender. The title company will catch the date of the last title activity and they may ask about it. If you do this I would suggest that both you and the owner execute all contracts, not one with a POA or other agreement. Now, I'm sure you would need a reason for doing this before the property was sold which should be unrelated to the transaction....in today's environment, this is an interesting strategy to explore.
Maybe one of the attorneys here will chime in. Has anyone had a SS with anyone recently been added to the title? James? Nick?
Yes, if you are astute enogh to pull it off. The owner deeds you an interest by quit claim, like 5% and then you move on to the sale. This was a technique popular with some years ago. I'm not sure how it would play in a SS or for the seasoning requirements for any new lender. The title company will catch the date of the last title activity and they may ask about it. If you do this I would suggest that both you and the owner execute all contracts, not one with a POA or other agreement. Now, I'm sure you would need a reason for doing this before the property was sold which should be unrelated to the transaction....in today's environment, this is an interesting strategy to explore.
Maybe one of the attorneys here will chime in. Has anyone had a SS with anyone recently been added to the title? James? Nick?
What you described above sounds and smells and lot like a net listing agreement, which could get you into hot water with the state commission if a realtor complains.
LOL, Simply expanding on the technique. In a wholesale deal, I doubt the title change would trip many triggers, carrying this further where there become more compliance issues, such as in a SS, there could be issues. Sorry I didn't make that clear. Bill
William, you chimed in right before I did, yes it does, and Realtors can't enter into a net lsiting. State law elsewhere might include mere mortals as well, but not in Missouri. And, there is no reason for a Realtor to go this direction, simply list it and do the deal.
I also see the facilitation of a real estate transaction without a license. There needs to be a reason why the interest was conveyed besides to facilitate the deal. I did something similar to this a couple of times but it involved funding improvements and agreeing to sell/buying an interest.
Something to explore, as I see some real possibilities if we clear up the investor's role.