Wholesaling contract clause *question for a friend*

Wholesaling contract clause *question for a friend*

Investor · Evansville, IN · Member since 2017 · 41 posts · 21 votes

I work with a friendly guy from Australia that bought some inexpensive homes before he came over. He is aware I have my real estate license and dabble in properties, he asked me to look over a contract. After advising him I am not a lawyer and he should seek legal advice, I told him I would post this just to see what anyone thought.

This is a line in the contract from the sale to a wholeseller. They offered him 500.00 deposit, $200.00/mo with a balloon payment of 22k by march of 2018. They are now offering him to take the property back. He keeps all funds takes the property back, and they move on. While he is holding their feet to the fire on the balloon payment, and they will essentially be stuck with the property, as it is in an area where homes typically wont sell. He will have made a solid profit it it holds.

I was looking for a clause in the contract which allows them to escape and this is the line that jumped out at me. Do you think this line allows them to exit said contract and not be liable for the balloon payment, or would he have a case in court if he went forward given they dont pay.

7. DEFAULT: If buyer shall default on its obligations hereunder and suit is brought to either enfore or terminate this contract, the parties agree that buyer has made a substantial down payment requiring judicial foreclosure of this contract.

Can someone dumb that line down for me?

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
8y
Yes, it says what Tom Gimer said.....bottom line, they were trying to flip it, they couldn’t, and likely don’t have any money if he went the whole nine yards and sued, and got a defiency Judgment, if that is allowed in that state. This is why you should get a larger down payment.
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  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y

    That provision says the parties agreed that the lender has to use the court process in order to foreclose on its lien. Non-judicial is cheaper and easier.

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  • Carl FischerPro Member
    Rental Property Investor · Ambler, PA · Member since 2015 · 2k+ posts · 1k+ votes
    8y

    @Drake Espenlaub

    The way I read it is That clause protects the buyer from the seller and forces seller to foreclose.  If seller takes buyer to court and wins he will have a judgement and/or the property but will still have to collect.  I would run a title search and make sure no other liens are on the property and have buyer deed it back to him.  If there are liens I would foreclose.  Not an attorney!

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    Yes, it says what Tom Gimer said.....bottom line, they were trying to flip it, they couldn’t, and likely don’t have any money if he went the whole nine yards and sued, and got a defiency Judgment, if that is allowed in that state. This is why you should get a larger down payment.
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    Does he even have a mortgage recorded, which would be necessary to foreclose.
  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y

    @Wayne Brooks That may be an excerpt from a recorded land installment contract. Same result though... 

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  • Investor · Evansville, IN · Member since 2017 · 41 posts · 21 votes
    8y

    He does not have a mortgage, the home is paid off in cash. So essentially they go to court foreclose, he is still responsible to collect and they can just tell him to screw off, not much he can do. Thanks for the opinions. 

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