How to Structure This 'Double' Wholesale?

[Travis Lauchman]

Hello All,

I work with a rehab company in Baltimore City. As our network has grown our shell/purchase opportunity has grown with it. We now receive leads for more good deals than we are able to renovate with our existing group of contractors. Thus, we have become familiar with the realm of wholesaling. 

The specific advice I am seeking is to learn how to essentially wholesale a wholesale? We have recently been in discussions with a wholesaler on a deal that we think has much more upside than the negotiated contract price our wholesaler is willing to sell it to us for. Thus, we are considering selling the contract to another developer that we have a business relationship with. However, there are a number of sensitivities involved:

• The property is currently leased and the original wholesaler has the 'keys to the castle' so we can't get this other developer in without the permission and watchful eye of the wholesaler
• We would like to avoid double closing since we intend to assign this contract

I was thinking that the cleanest transaction may be to to simply create an LLC to take the original contract down and then sell the membership interests thereto (on the same day but directly before settlement such that the transaction is funded by the new LLC owner). However, we haven't ever done this and aren't sure of all of the implications. I am sure that consulting with an attorney will be our best bet but before we do I just thought I'd ask the BP community how they'd handle something like this? Thanks for your input!