Thank you for your response @Bill Gulley. Apologies for using the wrong term Double Closing. I was referring to back to back closings (two completely separate closings); nothing illegal and no mixing of funds.
I am not sure why you keep referencing guru and guru group. I am an investor: I have wholesaled, purchased short sales, rehabbed and resold, fixed and kept as rental portfolio properties, and purchased and sold notes. I am focusing on notes right now because the prices here in Central Florida are approaching ridiculous and over valued again. I get help from these forums and help where I can.
I do not know how the "gurus" suggest assigning contracts so I cannot speak to that. You mention "We've had many broken hearted wannabe wholesalers on BP, many just want to go down the yellow brick road, all I'm saying is wake up!" If this was your intent, I didn't see it. To me, your response seemed to assume they were going to do it wrong and good luck with that; maybe you'll learn but if you don't, not too worry, you can get a free Orange jumpsuit. I just don't see the value of such a response.
I have never wholesaled a property or assigned any contract to anyone other than a cash buyer or one using unconventional financing such as hard money. Nor have I ever seen anyone buy from a wholesaler using conventional financing so I assumed no conventional financing came into play (maybe that was an incorrect assumption). Not saying it isn't done; just saying I have not seen it. Any time I have assigned a contract, the seller was informed I am doing so and they agreed, they were clear there were no additional fees to them and if my found buyer failed to close, I would still close (I promised to perform when I signed the contract and remain committed to performing as promised). We then added an addendum of understanding to the original contract that all three parties sign. If they didn't agree with the assignment, I could still do a back to back close and get paid.
I have never seen an assignment fee collected before closing. I am not saying it isn't done; just never seen it, no one I am associated with would suggest it, and I would certainly not pay it before I closed. What recourse would I have if the seller failed to perform? I would have to chase down the one that sold me the contract and i have better things to do with my time than that.
All that said, if I had a property under contract and I found a buyer willing to pay more but was financing conventionally, how would I do that deal and get paid in a way that won't stop the closing? Hmmmm. The buyer would have to be rock solid and I would do a back to back closing. Not because of legalities; i just know that if a bank is involved, if you do anything outside convention, they will say no; even if it's legal. My agreement with the end buyer would include daily penalties for a delayed closing and if they failed to close, they lose their deposit. Actually, this is in all our sale agreements. Deposits typically become non-refundable (go hard) after the inspection period but we always add penalties for delays.
Gerald Demers