Help with assignment contract!!!

[Peter Arboleda]

Hi I recently got a property under contract and found a buyer to assign it to. They signed the contract but did not include a copy of the EMD. it's been a week since they signed the contract and have not gotten any response on the EMD. Anyways while looking at the assignment contract I found another phone number. I called the number and apparently found that the initial person I was talking to was not the actual buyer.

Apparently he was a friend of the buyers and the buyer says that he "helps" him find him deals but doesn't get any money from it since they've have a good relationship. Anyways long story short the buyer tells me he wants to use his title company. I tell him I want to use my title company and stated that on the original purchase and sale agreement that we would be  using my title company. He responds by saying is his legal right as a buyer to choose the title company. If I knew he wanted to use his title company I would have never signed the assignment contract.

I can't help but feel I was misled since they had many opportunities to tell me that they wanted to use their title company. Examples are the original purchase and sale agreement that I'm assigning it to has the title company and in addition the original email with the assignment contract states who to write the EMD check to(my chosen title company) and where to send it. It's been a week and they never said a thing!

What are your recommendations on how I should gently handle this situation? I've got tons of interest from other buyers on the property, what should I do? Thank you in advance!

btw they just recently sent me a copy of the check for the EMD and it's been a week already.

[Wayne Brooks]

Uh.......You don’t sign the assignment contract until you have the EM in your hand, not a “copy of the check”.  If the purchase contract identifies the title co, then stick with that.  Obviously, you didn’t even verify Who your buyer was, if they had any money, etc.  The buyer is likely just taking you for a ride.