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All Forum Posts by: Norberto Villanueva

Norberto Villanueva has started 17 posts and replied 256 times.

Post: DO NOT CALL list

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112
$500 per violation x 10, 100, 1,000 calls a month, and...let's close this one up shall we? https://www.12news.com/article...

Post: Why aren’t novation agreements fraud?

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112
Quote from @Mike Schorah:

I know it’s hard to prove intent in an offer when it comes to wholesaling, but isn’t it a dead giveaway with novation agreements?

Is the government going to shut down novation agreements like they did ringless voicemail (e.g. $25k fine per RVM is pretty steep)?

Why are gurus pushing this strategy so hard?

Per Floss Law's legal opinion, perhaps they are indeed fraudulent. And now confirmed, I didn't know RVM's were no bueno! Great post!!

Post: Why aren’t novation agreements fraud?

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112
Quote from @Norberto Villanueva:
Quote from @Charles Carillo:
Quote from @Norberto Villanueva:
Quote from @Charles Carillo:

@Mike Schorah

I do not think the issue is with the agreement itself; every time a real estate agreement is renegotiated it is a novation. For example, you are purchasing a house for $100k, and then during the inspection, it is discovered that the hot water heater requires immediate replacement. The seller does not want to replace it so both the seller and the buyer agree to lower the purchase price to $98k and both parties sign the new agreement. Wholesalers are just changing the name of the purchaser instead of the price.

I feel the issue with some wholesaler tactics is that the wholesaler is not being truthful and honest with the seller. If you are not going to buy it, tell them. A partner of mine that has been wholesaling for decades always tells the seller up front (before any agreement is presented) that he is not buying the property himself. The wholesalers that mislead sellers are the ones that tarnish this strategy.

First, I am not an attorney. With all due respect, I disagree that any renegotiated contract is a novation. Where the inspection scenario you mentioned may require an amendment to commemorate any renegotiation, that is not the same. A novation literally voids the original contract.


https://www.fool.com/investing...

https://blueprinttitle.com/wha...

http://flosslaw.com/blog/2020/...

At least in Colorado, real estate purchase agreements are entered into Caveat Emptor. Latin for buyer beware, anything not in writing is purchased as-is. But this cannot cancel the buyer's right to terminate based on any number of reasons including inspection items.

Best, and most commonly resolved (negotiated) in an Inspection Resolution process that seeks to amend the default as-is purchase agreement (contract), it is incorrect to conflate the two, as was alluded to in the article's conclusion.

Post: Why aren’t novation agreements fraud?

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112
Quote from @Charles Carillo:
Quote from @Norberto Villanueva:
Quote from @Charles Carillo:

@Mike Schorah

I do not think the issue is with the agreement itself; every time a real estate agreement is renegotiated it is a novation. For example, you are purchasing a house for $100k, and then during the inspection, it is discovered that the hot water heater requires immediate replacement. The seller does not want to replace it so both the seller and the buyer agree to lower the purchase price to $98k and both parties sign the new agreement. Wholesalers are just changing the name of the purchaser instead of the price.

I feel the issue with some wholesaler tactics is that the wholesaler is not being truthful and honest with the seller. If you are not going to buy it, tell them. A partner of mine that has been wholesaling for decades always tells the seller up front (before any agreement is presented) that he is not buying the property himself. The wholesalers that mislead sellers are the ones that tarnish this strategy.

First, I am not an attorney. With all due respect, I disagree that any renegotiated contract is a novation. Where the inspection scenario you mentioned may require an amendment to commemorate any renegotiation, that is not the same. A novation literally voids the original contract.


https://www.fool.com/investing...

https://blueprinttitle.com/wha...

http://flosslaw.com/blog/2020/...

Post: Why aren’t novation agreements fraud?

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112
Quote from @Charles Carillo:

@Mike Schorah

I do not think the issue is with the agreement itself; every time a real estate agreement is renegotiated it is a novation. For example, you are purchasing a house for $100k, and then during the inspection, it is discovered that the hot water heater requires immediate replacement. The seller does not want to replace it so both the seller and the buyer agree to lower the purchase price to $98k and both parties sign the new agreement. Wholesalers are just changing the name of the purchaser instead of the price.

I feel the issue with some wholesaler tactics is that the wholesaler is not being truthful and honest with the seller. If you are not going to buy it, tell them. A partner of mine that has been wholesaling for decades always tells the seller up front (before any agreement is presented) that he is not buying the property himself. The wholesalers that mislead sellers are the ones that tarnish this strategy.

First, I am not an attorney. With all due respect, I disagree that any renegotiated contract is a novation. Where the inspection scenario you mentioned may require an amendment to commemorate any renegotiation, that is not the same. A novation literally voids the original contract.

Post: Committed - Posting For Accountability

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112


Targeting 100% seller financing for your very first deal, it seems you went up a rung or two too high on the ladder. Why not acquire your list(s), polish your script(s) (foreclosure, divorce, etc.) and set your sights on the first rung, an acceptable fast, cash offer! Rinse, repeat, and build a reserve so you're ready for that seller-financed deal, if and when it comes. They are not that prevalent, at least not yet, especially not in markets that still lean toward sellers, which seems to be the case in New Orleans.

Post: Struggling to get started as REI

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112

Welcome, Josh! Exactly this!! Let people know what you do and network. Partner up! An off-market Baltimore deal came across my desk the other day that got deleted. How about we don't let that happen again and connect?!

Post: Looking For Genuine Info on Pace Morby Subto Mentorship

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112

It all depends on what you want. Most of it sizzle he does provide a lot of value for free and has quite the community. I found it expensive but then, with close to thirty years in the game, I tend to find that with gurus. Just keep in mind, I read somewhere the success rate for most guru programs is in the single digits. 

Post: Front Range Path of Progress...

Norberto VillanuevaPosted
  • Specialist
  • La Junta, CO
  • Posts 306
  • Votes 112

My crystal ball says south, to stay along I-25. The migration from Denver to Colorado Springs, where the median is hovering in the high fours to low fives in the midst of roughly a 7-year run, Pueblo is picking up steam, as is Trinidad.