@Joe Gore thanks that sounds like it could work. will see if the seller is okay with that. i really just need the signed contract back from him, which he has refused to hand over. He says he has signed it but wants the deposit in his hand before he gives us the copy with his signature on it.
@Kaz Phillips thanks, the buyer isn’t reluctant to put down a deposit, he is just more comfortable with it going into escrow with his title company. The price of property is 70k. Has 3 floors, multiple bedrooms and baths. It needs a full rehab. The buyer plans to turn it into a multifamily. Comps in the area are in the 250k-350k range.
@Wayne Brooks I am the wholesaler (my partner and I have a wholesale company). So we have the option directly with the owner and are assigning it to the end buyer.
The purchase option contract is 70k. We are assigning this contract to end buyer for 75k, which gives us a 5k assignment fee.
The seller has the LLC with the loan. I believe the loan is a mortgage on the property, but the seller has not been especially forthcoming. In our original conversations he claimed title was free and clear…
And yes we are assigning the Option Contract, not the LLC interest.
The seller wants the $10k deposit to go directly to him through his LLC.
In our assignment contract with end buyer, we negotiated a $2500 nonrefundable fee upfront. This would be taken out of our 5k assignment fee with the other half to be paid to us at closing.
I think the main issue is trying to get this seller to agree to have the $10k deposit given to the end buyer’s title company. He keeps insisting the money should come directly to him. I understand the seller doesn’t want his house tied up, but my partner and I have a good relationship with the end buyer and we don’t want him to be in a situation where he gives $10k directly to the seller and the seller doesn’t hold up the end of his bargain by getting the loan/title situation straightened out, like he said he would do. When money is placed with a title company, the title company can look at the contract and know based on the clauses in the contract who the deposit money should go to in the event a deal doesn’t go through. That’s why both the end buyer and I would rather see deposit go into escrow with a title company.