The $5,000.00 Deposit That Turned
Into a $44,500.00 Problem.
This story happens more often than you realize. Could this happen to you?From the Desk of Jeff Shiller, Esq.
If you're interested in hearing how your next deal could blow up and how I can save the world, read below. If you want to dispense of that drudgery and just want to create your own custom, attorney-crafted investor contracts in minutes, you can request to be a member of our Investor Portal below. |
Wholesale Assignments / Seller Takeback Funding / Subject-To's / LLC's and Trusts / Creative Deal Structures
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Please Note: Founding Member access is currently free while the platform expands -
but it is by invite only and limited to approximately 25 Founding Members. Mr. Bill Finds a PropertyI have a NEW client - let's call him Bill. Bill is a wholesaler. Bill found the perfect investment property - an empty, semi-delapidated house. When Bill called the number of the owner from a lead list, the son of the dead guy answered.
The Bulletproof PlanBill's plan should sound familiar to you.
Find an end-buyer. Assign the Contract. Collect the $25,000.00 Assignment Fee. Within days, Bill found a buyer and had his trusted A.I. Robot craft an assignment agreement. The assignment was for $25,000.00 more than the original contract price. Good for Bill! The end-buyer was required to submit a $3,000.00 deposit to secure the deal. Do you see the problem? Are you starting to see the picture? Probably not - keep reading. Does Chat GPT Have a Legal Department?Fast forward. Two days prior to settlement. Title company calls Bill:
"Hi Bill, this is Jeff. Did you know this contract is non-assignable? The Seller found out you assigned the contract and refuses to go to settlement. You're gonna have to close on this with your own funds." "What are you talking about, Jeff?" says Bill, "I don't have that kind of money!" "You better call your attorney," Jeff says [not realizing Chat GPT was his lawyer]. To make matters worse, upon discovery of this situation, the end-buyer bailed. Schneikies. Time to panic. Other Than That, How Was The Play Mrs. Lincoln?"Under what theory can we get your desposit back?" says Bill's lawyer when Bill calls [after being threatened by both the seller and the end-buyer].
Bill's lawyer correctly continues, "the original contract does not permit assignment and, even worse, your assignment agreement doesn't clearly distinguish between the contract deposit and the assignment deposit - so now you've put the end-buyer's money at risk." To be clear, the Seller's attorney wanted both deposits, arguing that the assignment deposit being held by the title company was actually part of the contract deposit tied to the purchase agreement. And, of course, to add insult to injury, Bill's lawyer says, "Why would you enter a non-assignable contract? You should've waited for me." Lawyers can be d!ck$ Jeff, Just Skip To The Bad Ending PleaseI'm a lawyer. I like to write. I could write much more about how the end-buyer got an attorney and threatened suit, how Bill had to retain counsel, and how Bill ultimately had to settle the suit. But I'll skip all that -- let's just jump to the damages:
Lost EMD to Seller: $5,000.00 (no way Billy-boy was getting that back) Additional damages to Seller: $5,500.00 (end-buyer's deposit, add'l expenses) Reimbursement to End-Buyer: $3,000.00 (the "amorphous" deposit) Legal Fees: $6,000.00 (he got off easy - the buyer and seller were willing to settle) Lost Profit: $25,000.00 Total Losses: $44,500.00 Ouchie ["ie" on anything makes it funny]. Bill may not be shopping at Whole Foods for a bit. Are You Ready To Protect Yourself?The above story is just one of many I plucked out of my bucket of bad stories.
There are many more examples I could give you. The bottom line: BAD CONTRACTS LEAD TO BAD RESULTS. So what should you do to avoid this, or any other number of horror stories? Well first here's what NOT to do: DO NOT use shitty generic templates borrowed from other investors or "gurus". Instead, use precise, attorney-backed, custom contracts that match the business terms of your deal and protect you and your money -- ones you can build by yourself in minutes, not days. Here's some more stuff you need to do: Get a seasoned, genius investor attorney to help you structure your deals properly. Make sure your contracts and documentation are professional and accurate. Use investor-friendly title companies that understand crazy deals. Get a real, local private lender that can actually close. In Short: Coordinate all pieces of the investor transaction [structure, contract, funding, closing] so none are in disharmony or disconnected. Otherwise you will lose time, leverage, opportunity - and money. But how will you do this? A Platform That Was Built Specifically
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