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All Forum Posts by: María Salas

María Salas has started 1 posts and replied 3 times.

Post: Do all investors use “and or assign” in purchase contracts?

María SalasPosted
  • Flipper/Rehabber
  • Yakima, WA (yakima)
  • Posts 4
  • Votes 0

Thanks a lot for all your input. I truly appreciate everyone’s opinion on this topic. The seller’s lawyer is being very skeptical about the and or assign portion of the agreement. According to escrow in Washington state a contract cannot be assigned to a different buyer without an assignment contract signed by all parties. That being said if I want to I assigned the contract the seller would still have to sign even though the original contract says “and or assign” but without the “end or a signed” on the purchase contract is not assignable. 

Post: Do all investors use “and or assign” in purchase contracts?

María SalasPosted
  • Flipper/Rehabber
  • Yakima, WA (yakima)
  • Posts 4
  • Votes 0
Originally posted by @Syed H.:

Many times sellers won’t let us do an assignable deal, but we can usually put in language stating “assignable to related entity or entity to be formed, but not assignable to 3rd parties” or something like that.

 This is truly interesting. I appreciate your input on here. Can a related entity be another buyer with whom I have a noncompete agreement? he/she would basically be my venture partner. 

Post: Do all investors use “and or assign” in purchase contracts?

María SalasPosted
  • Flipper/Rehabber
  • Yakima, WA (yakima)
  • Posts 4
  • Votes 0

Do all investors use the “and or assign” in their purchasing contracts?

As an investor I think having this clause in the purchasing agreement gives you the extra strategy to assign your rights of buying to another investor. Using and or assign doesn’t mean that mean that your whole plan is to wholesale. I want to hear others option in this topic, since I feel like their is stereotype about “oh if you use and or assign in your agreement must be because your plan is to specifically wholesale”

Thanks for all your comments in advance, I just want to make sure that I am on the right track!