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Updated over 3 years ago on . Most recent reply

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Dwayne Gilbert
  • Specialist
  • Freeburg Pennsylvania
1
Votes |
15
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God This Is Getting Complicated, Please Help

Dwayne Gilbert
  • Specialist
  • Freeburg Pennsylvania
Posted

Have a contract with a seller for a house in good shape but discounted because of their personal reasons. Have a buyer, qualified to purchase, ready to pull the trigger immediately. Have a closing agent ready and willing to not only come to us to do the close but fully knowledgeable in doing double closes etc..... 

CANT FIND THE DAMN MONEY!!

The buyer is qualified and has the credit, but banks will no longer make loans it seems without my name being on the deed for the seasoning period, I mean is the government buying every single loan now days? Where did all the direct and portfolio lenders go? Anyway, I digress. 

So buyer and seller are 100% aware of each other and the entire deal and my profit. I have no problems with any of that and have been 100% honest, up front, and clear from the beginning. 

So, how can I, or what can I do in order to give them both the contract with one another, have them sign it, and I still get paid without looking like I am operating as a broker?

I did already try the option agreement, but again, I cannot assign it to a loan because of the clauses. Now, I haven't actually filed the memorandum at the court house but I still would not be on the deed for him to get the financing, and my attorney said that I am better off not doing that as it could appear to be operating as a broker.

HELP ME PLEASE!!


I want to get paid and my peeps want this done.

Dwayne

Most Popular Reply

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2,283
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Nick C.
  • Specialist
  • Tampa, FL
2,955
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2,283
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Nick C.
  • Specialist
  • Tampa, FL
Replied

Yikes pretty bad advice you’ve gotten here. You’re being advised to broker real estate without a license and call it something else. You can call it whatever you want, you’re receiving compensation for bringing a buyer and seller together in a RE transaction. You’ll probably get away with it, but let’s not pretend like it’s legal. I don’t think a judge would be impressed with the defense of “yeah it was illegal but I called it something else on the settlement statement”. It’s not burglary your honor, just relocating someone’s personal items… 

And then having an email between you and the seller clearly stating you’re earning an illegal commission, uh I mean “fee”, for even more evidence. Classic. 

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