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Updated over 8 years ago, 04/24/2016
Marketing of Assigned Contracts... Legalities?
My partner and I flip, but since deals on the MLS are low, I have recently sent out mailers on Tuesday and have gotten several call backs (yay!). These people have invited us to their homes to inspect and make an offer.
Since we're looking to buy at ARV x 70% - repairs to flip, our offers are obviously low for most people. For example:
ARV: $150k completely rehabbed.
Fair market value now: $120k.
Seller owes $100k. Seller will accept $100k.
I need to pay: $75k (due to $30k rehab).
Since we’re further apart on an agreeable price, #1: Can I put the property under contract for $100k with an assignment contract, add a monetary “wholesale” fee for myself, and sell it to a regular family who will buy it for $120k and live there?
If I can assign the contract for a fee to an investor who will flip or rent it out, I should be able to assign it to an end home buyer who wants to live there, correct? It's sort of like a "FSBO scenario" in which I market the property I now control under contract.
#2: If I have an assignment clause in the signed contract, it is legal to indeed market it for sale (Craigslist, Hubzu, flat fee MLS listing), I believe I’ve read through my research??? (I'm also mailing this to my REI attorney this weekend to confirm just in case). I'm just trying to monetize each lead since I've received a fair number of callbacks from the 99 letters I sent. <--Spelled one wrong, so it wasn't 100, haha.