So for most people, most circumstances, most situations, realistically your cash and rehab is held up for 2+ years. 

If you have a partnership structure or some other facts and circumstances around the loan that indicate you are extending it in the capacity of a trade or business, it will be considered ordinary income.Keep in mind that the tax rates will not differ between ordinary and passive income unless you sell the loan for a gain/loss.

Just a really bad set of circumstances for the OP.

We don’t know all the circumstances, BUT, from the small amount of information in the OP, it does seem like the OP believes that to earn a commission the broker/agent needs to represent the buyer all the way through closing and that if the buyer terminates agreement before closing the agent no longer needs to be paid.  

Feels a bit like a Hail Mary given the circumstances though, and I am wondering if it makes the most sense to just lower the price should it come to that if nothing happens in the next couple of weeks.Thanks again for your input!

Hi @Andrea Galvez Yes, unfortunately 5 or more units is considered commercial and you'll have to use commercial financing.

They're all nice people at the company, I just think they're going through major growing pains and unfortunately old owners are feeling the brunt of it. 

Unfortunately, Evolve isn't a management company.

New Mexico has an unfortunate law against prepayment penalties for DSCR Loans on 2-4 unit multi that requires higher rates, but they don't apply to 5+ and I've seen some people have success with that size range in NM

Unfortunately, here you have quite a lot going on and maybe misinformed on a few areas.