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Updated about 15 years ago,
RE lawyers/contracts, ADVICE PLEASE!!!
I've been working so hard with this wholesaling thing for a month now. I have 35+ cash buyers lined up and I know my farm area. Me and my father have worked together on a blitz marketing campaign when I return from the states on the 24th and I plan to implement 3-4 strategies in the beginning, reevaluating every 6 months and adding an additional 3-4 at that time. I have everything together except for my contracts. I have copies of assignment/double close contracts from wholesalers in texas, california, and elsewhere, but not where it counts....IN MY STATE (MA)!
Anyway, I've spent the last two months trying to find a RE lawyer that will work with me and provide me with the contracts I need. I can't pay them out of pocket up front, but I've offered to pay all fees after my first deal. In addition I've offered to refer my wholesalers, investors, and anyone else that is in need of RE legal advice their way. I've explained that I will also need their help down the road in setting up a business entity and later on with rehabs and buy and hold situations.
At first I found RE lawyers that wouldn't even give me the time of day. They were downright rude and egotistical. No interest in my concerns or what I was trying to accomplish. Then I found one that said they would work with me. That was over two and a half weeks ago and they haven't returned my calls or emails since.
I recently came across a second one and met with them. First off, they appear to work with a number of "high profile" investors in the area. They claim that assignments are very tough to pull off in MA, that I can't charge a fee in that situation, and that most investor's lawyers won't work with them. I was told an option contract with a fee would be fine. I asked what the discrepancy was, and I wasn't given a clear answer. As far as I know they are the same thing.
I then said, well I can double close on all properties with my end buyers funds. I was told that the funds must be my own and if the investor brings funds to the table for the A to B transaction it could be considered mortgage fraud. She said if I were to double close, either I would have to pay in cash for the A to B or go the transactional funding route which I'm not doing. Essentially I was told I can only do an option contract, and it appears that will cost me a couple thousand.
I also was told that they wouldn't give me the contracts until I brought them a deal. Now as far as I know, I need a contract to have a deal. And if it's a deal and I go to this lawyer, what's stopping them from taking it for themselves or sending it on to another colleague of theirs? There would be a good chance that in one way or another, I would lose any deal I brought them before I could receive the contracts.
I understand on the surface it might seem like I'm asking a lot from a RE lawyer, but here's my take: I'm an extremely motivated force that will not stop until I get what I want. I'm going to give this person business for THE REST of my career. I'm going to refer them to MULTIPLE clients who will use them for the rest of their career. I'm going to work with them to set-up a business entity, for rehab contracts, for buy and hold contracts. In one month I have over 35 investors and a ton of other RE contacts who would love to connect with them and I'm getting the runaround. It's all very frustrating.
I've considered going to experienced wholesalers in my area and asking for their contracts, but outside of offering them more investors (which likely isn't a MAJOR concern for them), I don't know what I can bring to the table. Does anyone have any thoughts on this? I'd love to use a very simple contract off a website, but legally that puts me in a really horrible situation. I want to feel secure in my contract and know that I'm protected from a liability and legal standpoint.
Sorry for the long vent, but when I started this venture I had this little ember in me that wanted to get a deal together. At this point it's a forest fire and I need to get these contracts and ASAP. I'm heading to Israel on Monday and I really want them ready to go when I get back on the 25th. I'm very tempted to call every RE lawyer in my local phone book and see what happens...
BP community, I would love to hear your words of wisdom on this one. Really could use a little guidance right now...