Figured I'd throw this out there and see what response I get.
Spoke with an Attorney out of Portland yesterday (I was looking for advice on an Option to Purchase contract in OR) and explained these primary points within the contract:
- Agreed upon purchase price is stated by the contract
- Reasonable Earnest money deposit exchanges hands
- A deadline that, if not optioned by that date, would be utterly null & void with no-recourse available.
He said this is completely normal, if you don't record, expect to get swooped in on.
We progressed our converstion into Licensing in OR for REI. The distinction - in his eyes & understanding - between broker and investor under this Options Contract had to do marketing. If I was actively marketing on the public market - Craigslist, Zillow, eBay, etc - then that would require a brokers license. If I were cold-calling individuals (and I'll extended this to emailing our buyers list) then that would be considered Investor activity. The assignment part didn't matter in this scenario - the way you marketed the property did.