Hey guys, I'm working on a deal and need some help. Got a call today from another wholesaler who has a property under contract for $175k (short sale). ARV is $291k. About $10k in repairs or less needed. Even though it is a short sale, this contract IS assignable BUT agent said that the end buyer (I have the end buyers) cannot purchase the property for more than the contract price of $175k. However, the end buyer can pay us in another form. Wholesaler called me because I have end buyers and his money is all tied up in a deal so he has no earnest money which is due by tomorrow. He wanted to use my end buyer's earnest money and I can't get ahold of them because it's so late but I have looked at the deal and there is a lot on the table so I would like to put the $1k earnest money up to be part of the deal.
He made a contract for my earnest money deposit which I haven't signed yet until tomorrow morning saying that I would loan the $1k and it's due back by or before 9/18 and has interest and a higher interest rate if not paid by that date. I just want to make sure that I'm covered whether the property closes or not and that i get my $1k back. What do you think?
He has a partner and they have an S corp which they put their offers in with. I have my own LLC and I'm trying to figure out how I could partner in a way that if my end buyer comes through I get x amt of dollars or %. I don't know what contract to use or where to find one. I have a simple finder's fee agreement which makes good sense to me and allows me to find a buyer and collect X interest or X fee. Should I just use this?
Thanks for your help!