Sorry everyone, my bigger pockets app kept crashing and now I notice there are two identical posts.

If you give him the money and he buys/takes the paper, you're most likely committing mortgage fraud. 

@Johann Jells As a MA notary, I'm assuming that NJ laws are the same - they may not be.One of the notary's primary functions is to verify that the person signing a document has presented evidence of their identity. 

Signing contracts with no ability or intention to close is FRAUD BY INDUCEMENT. 

His unit is currently sitting at $375, while the other two identical units which have turned over more frequently are renting for $400 and $425.

@Chris Nance @Stefanie Jensenhttps://www.biggerpockets.com/forums/12/topics/490545-i-want-to-buy-a-rental-now-my-husband-wants-to-wait-a-seeChrisThe above link to another earlier post " I want to buy, but my husband wants to wait and see".Almost identical to your situation but other way round.

You can have TWO identical 8 unit properties side-by-side and one has a NOI of $25,000 and another at $32,000.

Although I don't use Airbnb, I'm going to guess that it's fraud related. 

I am looking for a RE Attorney that specializes or is knowledgable regarding contracts and fraud. 

Occupancy fraud is the most common type of mortgage fraud, but that doesn't make it a good idea. :)(If something unexpected comes up, like a job transfer across state, that isn't fraud)