This question is for other seasoned Wholesale Investors. I have just seen a version of a Purchase Agreement posted on Bigger Pockets (Used for wholesale real estate transactions) that included some verbiage that I have not been using in my contracts. I wanted to see who is using this, or who isn't and is it required.
AUTHORIZATION TO MARKET. Seller here by grants the Buyer and their respective heirs, executors,administrators,personal and legal representatives,successors and permitted assigns all of the necessary rights to list for, sale,market,negotiate and enter into a contract to sell or lease the property to a third party on behalf of the Seller and before Buyer takes title.Buyer intends to promptly resell property or a profit
Additionally, I came across this clause below as well. I was informed awhile back by a mentor that as long as the contract includes and or assigns after the Buyer's name that would be sufficient, and no additional clauses pertaining to assignment was necessary. I would be curious to know who is or isn't using this clause below and if it is legally necessary.
ASSIGNMENT.This Agreement shall bind and inure to the benefit of Seller and Buyer and their respective heirs,executors,administrators,personal and legal representatives,successors and permitted assigns.Buyer may assign Buyer's rights and responsibilities under this Agreement without the consent of Seller.
Lastly, I have been recently informed to include a clause that removes me the (wholesale) Buyer all liability of liens, taxes etc. that may be on the property, but it was to my understanding that the original seller would be responsible for that and those items would be paid first and taken out of the Seller's proceeds at closing, so a specific contract clause pertaining to this would be irrelevant. I would appreciate any feedback regarding this too. I just want to make sure I am transacting business appropriately. Thanks!