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Updated over 16 years ago on .
![William MacBride's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/6789/1621347889-avatar-will1987.jpg?twic=v1/output=image/cover=128x128&v=2)
trying to clarify assignments
In an assign deal does whoever's assigning the contract to the end buyer always get the contract first and include the "or assigns" verbage when he signs?
I seem to be reading in some places where the middle man doesn't even sign that first contract - it's between the seller and the end buyer, and the investor (or whatever you want to call the middle man), gets put down as a "line item" and gets an "assignment fee." How does the middle man get an assignment fee if he didn't put the house under contract himself? I realize this is just a simplification of the paperwork but why is it called an assigment fee if, technically, a contract was assigned from the midle man/investor to the end buyer.
Can anyone clarify any of this - whether it's legal, what kind of negotiations have to happen between the seller and the middle man/investor, and what forms you would need?
Actually if anyone could tell me what forms you'd need in the first case also I'd appreciate it a lot.
note: this is the paragraph I read in wikipedia in their article about double closing:
"To simplify the transaction, the middleman may make one settlement statement directly between the purchaser and seller and take his profit as a line item on the settlement statement. This line item is usually on the purchaser's side of the statement as an assignment fee. This may create a problem for the middleman, as assignment fees may be taxed at a different rate than short-term capital gains."
thanks,
Will