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Updated about 10 years ago on . Most recent reply
Question about Wholesale Contract Provision
A newbie wholesaler, who says he has a Mentor, has a one page Purchase and Sale Agreement that contains the following provision:
"This contract is binding at 11:59 pm on the tenth day after it is executed by the buyer and seller."
Assuming that every clause and sentence in a contract has a purpose, what is the purpose of the above-quoted sentence? Is this a 10 day right of rescission? Any thoughts on the purpose of the provision?
Most Popular Reply
![Guy Gimenez's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/94167/1621416729-avatar-seniorsurfer.jpg?twic=v1/output=image/crop=1744x1744@543x0/cover=128x128&v=2)
Day 5 of non-binding agreement: Seller contracts to sell to another buyer and has no duty to disclose this to original buyer/wholesaler.
Day 7 of non-binding agreement: Original buyer (wholesaler) assigns the purchase contract to another investor (who never reviews the purchase agreement) and wholesaler collects a non-refundable assignment fee.
Day 9 of non-binding agreement: Seller informs assignor (wholesaler) that the seller has a binding purchase agreement with a third party and therefore will not be selling to wholesaler.
And the party who recommended this language be used is a "mentor"? Riiiiiiiiiiiiight.