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Updated about 11 years ago on .
Contract Assignment Problem, what to do
I present a seller with an Option to Purchase Agreement and they agree to up to a 30 day option period after allowing a due diligence inspection, or after the Option agreement is signed. My exit is to assign once under contract.
The due diligence is completed, we agree on sale price. Purchase and sale agreement is executed with "AND/OR ASSIGNEE(S) " following my name, and I negotiate a 15 day earnest money deposit deadline.
I find a buyer that will execute the assignment of contract agreement with me and will close on or before 10 days in which their due diligence will be preformed. However.....
Buyer/Assignee requires a refundable earnest money deposit and return of the assignment fee if they want out for any reason during their due diligence and closing date. Where do I work this requirement in the purchase and sale agreement?
The initial earnest money deposit was negotiated to be in within 15 days of the date of the agreement. I plan to have sale price and the assignment accepted by assignee within 2 days of the purchase and sale agreement, giving 10 days for their due diligence, required. Does that leave me 3 days on my initial earnest money negotiation if assignee backs out and gets refunded?
Am I thinking correctly? I realize there are some legal matters here and I will be using an agent. But I need to know where to get a potential assignee's requirement of refund in the PASA, and if as an assignee anyone here ever required this?