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Updated almost 7 years ago on . Most recent reply

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33
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Justin Pencook
  • Riverton, NJ
4
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33
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Wholesaling with a New Jersey Purchase & Sale Agreement

Justin Pencook
  • Riverton, NJ
Posted

Hello Bigger Pockets,

My name is Justin and I came across BP a few months ago. Since then, I have been dedicated to gaining knowledge regarding RE investing. While I want to House Hack in the near future and eventually take on some rehab projects, I realize that Wholesaling is the most logical starting point for me. I don't want to get hung up on any details that may not be a cause for concern from a practical standpoint. However, I do want to understand the contract a bit better before I start marketing for leads. 

I have been lurking on the BP threads for the past few months, and am having a hard time understanding how to utilize the NJ Purchase & Sale agreement in a wholesaling environment.

I know this topic has been beaten to death, as I frequent all of the related threads. Unfortunately I have not been able to find a clear answer. What is the most efficient way around the No Assignment clause?  I have heard of people simply crossing it out, but I can't help but question the legality of doing do. Is this a legitimate concern?

Also, is the below link the standard contract in the state of New Jersey? Is there a shorter, more condensed version of this document that I would be able to use? 

http://www.wikiform.org/wp-content/uploads/2014/01...

Thank you,

Justin

Most Popular Reply

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120
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Jonathan Herron
  • Attorney
  • New Jersey
58
Votes |
120
Posts
Jonathan Herron
  • Attorney
  • New Jersey
Replied

You can have an attorney draft the contract for you.  The requirement for attorney review only exists if you use a realtor supplied contract.  I typically draft contracts for wholesaling which include a provision expressly allowing assignment.  If you use a realtor supplied contract have an attorney on call who can insert the provision during attorney review.

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