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Updated over 6 years ago on . Most recent reply

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Fremy Rosso
  • Rahway, NJ
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How can I make my EMD refundable in a wholesaling agreement in NJ

Fremy Rosso
  • Rahway, NJ
Posted

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!

Most Popular Reply

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Joe Villeneuve
#5 All Forums Contributor
  • Plymouth, MI
19,590
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Joe Villeneuve
#5 All Forums Contributor
  • Plymouth, MI
Replied

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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