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Updated almost 14 years ago on . Most recent reply

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Matt Castelo
  • Wholesaler
  • san jose, CA
0
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Sellers attorney is killing my deal!!!!!

Matt Castelo
  • Wholesaler
  • san jose, CA
Posted

So I have a seller ready to sell, but has an attorney friend who advises him to not use my contracts because he feels like he isn't protected. The attorney actually drafted up a contract that im not willing to sign!! What should my next move be?? Can I use a regular real estate contract and assign that to another investor or tell him he needs to use my contract or the deal is off. If attorney wasnt involved this deal would of been done with a long time ago. eesshh!!

Arv is 320k-330k and our agreed price is 160k

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Don Konipol
#1 Innovative Strategies Contributor
  • Lender
  • The Woodlands, TX
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Don Konipol
#1 Innovative Strategies Contributor
  • Lender
  • The Woodlands, TX
Replied

Many people don't like any kind of confrontation or disagreement, so they use an advisor (attorney, accountant,banker, etc.) as an excuse to not agree to a deal they are uncomfortable with. Just the fact that the seller has sought the counsel of an attorney tells you that he has reservations about some aspect of the transaction.

It appears you believe that you would have a deal BUT for the attorney's interference. I find that usually this is not the case; that it is usually the principal himself that is unwilling to agree to the terms of the deal, and that attorney is the excuse for not signing or changing the terms.

That being said, there are times when an attorney or other advisor does give his client bad advise, either through a misunderstanding of the market being dealt with or for more personal reasons.

If you are unwilling to seek a compromise, then you may have no choice but to walk away. Sometimes the seller comes back and later agrees to your terms, other times the seller does a deal with someone else or ends up in foreclosure, etc. Either way I now regard real estate transactions as a "deal" to be made, not a "sale" to be made. I make my offer, listen to any counters and make my decision. I do not try in any way to "sell" the other party on accepting my offer. Since I stopped selling and started negotiating, I am much happier, much more successful, and my golf game has improved too!

  • Don Konipol
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Private Mortgage Financing Partners, LLC

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