Commercial Real Estate Investing
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Updated over 14 years ago,
The "And/or Nominee" Catch-22
I'm a wholesaler in AZ. I'm new multi-family, but have wholesaled SFRs for over 5 years. I write purchase contracts, I assign them in escrow, and I show up on the HUD. I'm careful. The vast majority of my stuff closes, and always has.
So far I've recently worked my first 2 commercial deals and brought successful buyers for both. But I've found an underlying problem.
Most sellers of multiplexes won't sign a purchase contract where the buyer is "[my LLC] and/or Nominee". And some agents with high-DOM listings actually advise their high-DOM 'sellers' against it. These people don't believe in wholesaling, so I'm left with no protection against being ripped off.
Commercial sellers say, "Bring me a buyer BEFORE I sign with you. I won't cut you out."
Commercial buyers say, "Give me the property address BEFORE you have a contract. I won't go around you."
The sheer gall is astonishing.
I won't trust people who are unwilling to let me protect myself. So I'm missing out on a 62-plex I'm confident I can get done if the due diligence checks out. (The CAP looks to be just under 12% at 10% vacancy - still trying to verify.)
Currently I'm withholding the address from all potential buyers until they make a good-faith and temporarily refundable deposit. (Yes, the title co will do it.) I already gave them all I have (pics, numbers, etc) except parcel# and address. If they make the deposit, I get my contract, it goes to title, the buyer gets the address, and all goes normally from there.
Except they won't do it, and my seller won't sign WITHOUT them doing it. And even if either side eventually plays along, this reticence seems to be the norm.
I need a secured position or something with the same net effect that sellers and/or buyers will actually go along with. When that happens, some of you will benefit from the deals I can throw your way. Until then... !
Many thanks for whatever y'all can tell me. Really.