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Updated over 9 years ago on . Most recent reply

User Stats

10
Posts
7
Votes
David McCready
  • Homeowner
  • Windsor, CA
7
Votes |
10
Posts

Subject to and Purchase contracts

David McCready
  • Homeowner
  • Windsor, CA
Posted

Hello Everyone, Im still very new to real estate.  I live in Northern California and I will be marketing here with the primary intent to wholesale.  If during the course of my campaign I am able to rehab or hold a property I will. 

I started to establish my marketing campaign and prior to launching it I want to ensure I have the necessary tools to get properties under contract (i.e. I need contracts).  I have met with several attorneys now and each has told me I should not use a "standard contract" as each property is unique as are the terms of purchase.  

1. Before launching my marketing campaign, should I have a standard purchase contract or option agreement that is fillable so that I can immediately present it to a seller? A sort of fill in the blank form.  Or should I meet with a seller, come to a verbal agreement and then contact my attorney to have them draft a contract?  What is the common practice?

2. I do not have a lot of liquid cash and as suck I am very interested in purchasing properties subject to the existing mortgage.  Every attorney I've spoken to has either stated this is illegal or they have been un able to help me.  Should I have a subject to contract already drafted or should this be handled on a case by case basis as well?

I apologize for my lack of knowledge/understanding but if you could take the time to provide a detailed answer I would greatly appreciate it.

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