Backing off an assignment contract

Backing off an assignment contract

Real Estate Agent · Buffalo NY · Member since 2017 · 68 posts · 33 votes

Hello and thanks in advanced for any help.

My real estate agent approached me with a deal that came from a wholesaler and on first review of the deal and after walking with 1 contractor it seemed like a good deal. 

I signed an assignment contract but did not pay anything, after further inspection of the property and getting quotes for what needs to be done this is a recipe for loosing money. 

What are my options for backing off the deal? Note that i never received the contract between the seller and the wholesaler.

Here is the contract i signed:

ASSIGNMENT

ASSIGNMENT, dated below, by and between:

****residing at***(Assignor);

And

***residing at***(Assignee).

BY THESE PRESENTS,Assignor,for valuable consideration received from Assignee i.e.,the sum of$_10,000, hereby assigns and transfers all rights, privileges, duties and/or obligations to Assignee which Assignor has or may have as “Purchaser” in a certain contract to purchase real property commonly known as*** from***, the Seller in said contract. The consideration paid by Assignee includes a deposit of$_2500 paid by Assignor and being held by the escrow agent on the contract and that deposit is also hereby assigned to Assignee.

BY THESE PRESENTS, Assignee accepts the Assignment from Assignor and agrees to be bound fully in the place and stead of Assignor by the terms of the above mentioned contract; and further agrees to hold Assignor harmless and indemnify Assignor for any damages or costs incurred by Assignor as a result of Assignee’s default in performance on said contract.

   

Dated:

Assignor

Dated:

   


Assignee 

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Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
7y

You should definitely take your lawyer's advice over mine, I'm just a guy on the internet. But I don't think this assignor has a leg to stand on. You never paid the $2500 deposit and never got a copy of the contract that the assignment references. I would just let him know you're not moving forward asap. If he's smart he will try to find a new buyer right away. 

I have no moral objection to wholesaling, but do you really think this wholesaler is going to pay the many thousands of dollars and many months or years it will take to get in front of a judge to try to explain that he was selling you something he didn't own, and you owe him money for it. If it ever got that far, which is extremely unlikely, I don't think it would go well for the wholesaler. 

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  • Real Estate Agent · Knoxville, TN · Member since 2018 · 8 posts · 1 vote
    7y

    Jo, you should be able to just back out of the contract. The assignment contract does not seem to go into great detail about exiting the contract. I am no legal expert, but you need to get better clarity from an expert before making in rash decsions. 

    Good luck!

  • Specialist · Chicago, IL · Member since 2018 · 13 posts · 2 votes
    7y

    @Jo W. Oh wow.

  • Specialist · Chicago, IL · Member since 2018 · 13 posts · 2 votes
    7y

    @Jo W. They didn’t know what they were doing with an agreement like that

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    7y

    @Jo W. You might want to buy an hour of an attorney's time.  

    From the limited information you've presented, you have two of the three basic elements of a binding contract and you might have all three. (There are other more esoteric elements like equal bargaining power, coercion, mutual understanding, etc)

    The three basic elements are:

    1. Offer.  The wholesaler is offering his position in the contract.
    2. Acceptance.  You accepted with your signature.
    3. Consideration.  Something of value (usually money) changed hands.  

    The element that's possibly missing is the consideration, because you haven't delivered the $10K yet.  However, if the assignor decides to sue you for specific performance, he may claim that the position in the contract itself is a thing of value.  My attorney tells me that these kinds of claims may stand up at trial.

    From what I see in your post, neither a home inspection nor a review of the assignor's contract with the homeowner were required elements of the contract.  

    If you had a sharp agent or an attorney on your side, they would have insisted on a home inspection, title search with an insurable title and a financing contingency in any such contract.

    One thing to look at closely is whether wholesaling is legal in whatever state you're in.  If the assignor is unlicensed, he might be practicing unlicensed real estate brokering.  If that's illegal, you might have an out because contracts formed for an illegal purpose are considered to be void at their inception.

    The bottom line is that you signed a contract that may already be enforceable.  If the assignor won't let you out - and I'd get that release in writing - I'd get to an attorney ASAP.

  • Investor · Wellington, KS · Member since 2016 · 256 posts · 188 votes
    7y
    Ask for a copy of the underlying contract asap! Take it to your attorney and hope there are contingencies or damage limitations.
  • Real Estate Agent · Buffalo NY · Member since 2017 · 68 posts · 33 votes
    7y

    Thank you everyone for your great answers especially @Charlie MacPherson

    My lawyer yelled at me for not bringing the assignment contract to him before signing - lesson learned.

    I will keep you posted

  • Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y

    @Jo W. He could probably go after you for the $10k. Depending on what state it's in, he may have been illegally marketing real estate, so he may not want to risk going after you, for fear that he will then expose himself

  • Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
    7y

    You should definitely take your lawyer's advice over mine, I'm just a guy on the internet. But I don't think this assignor has a leg to stand on. You never paid the $2500 deposit and never got a copy of the contract that the assignment references. I would just let him know you're not moving forward asap. If he's smart he will try to find a new buyer right away. 

    I have no moral objection to wholesaling, but do you really think this wholesaler is going to pay the many thousands of dollars and many months or years it will take to get in front of a judge to try to explain that he was selling you something he didn't own, and you owe him money for it. If it ever got that far, which is extremely unlikely, I don't think it would go well for the wholesaler. 

  • Flipper/Rehabber · Rochester, NY · Member since 2014 · 1k+ posts · 1k+ votes
    7y

    @Jo W. People should be a little less afraid of getting sued.  They react like it is a jail sentence.  Personally, I wouldn't worry about it at all.  First, it is unlikely that they would go beyond small claims court as that would cost them a good chunk of money and most wholesalers are scrappers.  Second, a small claims court judge wouldn't know what to make of an assignment contract like this.  Third, maybe he himself is doing something shady with wholesaling and wouldn't even want to expose that.  Fourth, he'll get a bad reputation if he does pursue it.

    Act like you are in the driver's seat.  Because you are.

    If you want to keep a good relationship with the wholesaler, simply explain the situation--it's turns out it is a bad deal--and that you will not be moving forward with it, and that you'll just need them to sign a little paper releasing you from the deal.  If they object.  Say, oh sure, I understand your time is valuable.  I respect that.  How about if I give you $200 and I'll just need you to sign this release.  If they continue to object, say, look, I'm trying to be fair with you.  You're other option is to take me to sue me.  Good luck with that.  I'd rather keep an amicable relationship and so I'm offering $200.  I'm sure you understand.  And then let the chips fall where they may.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    7y
    Originally posted by @Nick C.:

    You should definitely take your lawyer's advice over mine, I'm just a guy on the internet. But I don't think this assignor has a leg to stand on. You never paid the $2500 deposit and never got a copy of the contract that the assignment references. I would just let him know you're not moving forward asap. If he's smart he will try to find a new buyer right away. 

    I have no moral objection to wholesaling, but do you really think this wholesaler is going to pay the many thousands of dollars and many months or years it will take to get in front of a judge to try to explain that he was selling you something he didn't own, and you owe him money for it. If it ever got that far, which is extremely unlikely, I don't think it would go well for the wholesaler. 

     totally  just walk away .. nothing is going to happen you never sent the money in so the contract was never ratified for one..

    the cost to litigate this would exceed the amount of the contract. .and by the time you did he would lose the underlying deal  

    its a joke to spend one second worrying about this.. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    7y

    and if its not a good deal it probably will never sell anyway and YOU know the wholesaler can close it.

    I would write the owner and present a back up offer at a number you think does work  if wholesaler closes it fine.

    if they cant you move in behind them..  back up offers are very common in our industry.. nothing keeping you from doing that. its not a listed property.

  • Flipper / Landlord · Tyler, TX · Member since 2016 · 255 posts · 126 votes
    7y

    @Jo W. Yes Jo, like others have stated i dont think you should be worrying about it. Just tell him you wont move forward with it and that is that. Wholesalers back out of contracts all the time, so why cant you !

  • Rental Property Investor · Member since 2017 · 41 posts · 13 votes
    7y

    @Charlie MacPherson dope answer.

  • Member since 2019 · 29 posts · 13 votes
    7y
    lol please!!!!!!!!!!!!!!
  • Member since 2019 · 29 posts · 13 votes
    7y
    we are whole sale r = we hope that we will sale the deal if not ......there are no holes to gain off our backs. ..but some of us use creative financing ideas to keep the property and make the seller smile, now this is me, there or all kinds of deals, you just have to no about them. from notes, to subject to, to other avenues to use. you just have to pull out all the stuff in the rabbit bags.....then keep if moving to the next offer.....5k before end of yr. or more for me. yes, yes, yes, yes,
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