How can I make my EMD refundable in a wholesaling agreement in NJ

How can I make my EMD refundable in a wholesaling agreement in NJ

Rahway, NJ · Member since 2016 · 9 posts · 1 vote

I need another agreement available and safe to use for wholesalers in New Jersey. I've heard making the EMD due upon completion of inspection, but does this mean I have to give it upon inspection period completion no matter if the deal goes through or not or if the inspection period was successful or not?

I’m looking for something simple that I can use in New Jersey that protects wholesalers. Need help with an agreement here!

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Joe VilleneuvePro Member
Plymouth, MI · Member since 2013 · 13k+ posts · 19k+ votes
7y

Make the offer in an LLC. The LLC pays the EMD. Sell the LLC (instead of selling the contract). Make the purchase of the LLC equal to the wholesale agreement and the EMD together.

When you sell the LLC, after inspection by the buyer, the Buyer simply executes the purchase agreement in the name of the LLC...as the new owner of the LLC.

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  • Joe VilleneuvePro Member
    Plymouth, MI · Member since 2013 · 13k+ posts · 19k+ votes
    7y

    Make the offer in an LLC. The LLC pays the EMD. Sell the LLC (instead of selling the contract). Make the purchase of the LLC equal to the wholesale agreement and the EMD together.

    When you sell the LLC, after inspection by the buyer, the Buyer simply executes the purchase agreement in the name of the LLC...as the new owner of the LLC.

  • Specialist · Grand Rapids and Kalamazoo, MI · Member since 2013 · 392 posts · 116 votes
    7y

    @Fremy Rosso - When it comes to legal contracts, I always recommend talking to a local lawyer who knows real estate.  If you don't know any good ones, I would go to your local real estate group and ask around.  

    @Joe Villeneuve - Good to see you (digitally)!  It's been a few years since I've been at the Ann Arbor group, but I'm glad to see you here.

  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    7y

    Get a lawyer to prepare at least a realtor. Use 3rd party like an escrow. EMD is always deposited at the time of contract acceptance.


  • Lender · Woodbridge, NJ · Member since 2015 · 14 posts · 5 votes
    7y

    A EMD is seller assurance that you will perform the deal. The more contingency's you put in your contract the less likely they will get signed. I would suggest you just put in a low EMD of $100. Tell them it will be deposited in escrow at time of acceptance.

  • Joe VilleneuvePro Member
    Plymouth, MI · Member since 2013 · 13k+ posts · 19k+ votes
    7y
    Originally posted by @Brandon Krieg:

    @Fremy Rosso - When it comes to legal contracts, I always recommend talking to a local lawyer who knows real estate.  If you don't know any good ones, I would go to your local real estate group and ask around.  

    @Joe Villeneuve - Good to see you (digitally)!  It's been a few years since I've been at the Ann Arbor group, but I'm glad to see you here.

     Hey Brandon.  Good to see you too.  We can discuss what we're doing now.

  • Real Estate Broker · Orange, CT · Member since 2013 · 951 posts · 218 votes
    7y

    You should have a non refundable deposit with a minimun of $1,000 or you have no business making offers on properties you can't close.

  • Specialist · Philadelphia, PA · Member since 2014 · 231 posts · 69 votes
    7y

    @Fremy Rosso

    EMD is due at the time of contract execution.

    The LLC sale is cool and works well for savy investors but it is totally unnecessary and comes with its own set of hurdles.

    Our EMD is $10 on our sales agreements because we represent ourselves correctly to the sellers. We do not represent ourselves as the buyer like most beginners (who give us a bad name).

    If you are dealing with a private seller and not a bank/institution, the EMD deposit should be a very small obstacle.

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