Dallas-Fort Worth Real Estate Investor Club

Help: How to Write up an Assignment Contract

  • 07 Apr 2014 3:34 PM
    Message # 1533159
    Deleted user
    I am writing my first wholesale contract on a property and need help with how to type it up in order to wholesale it out. Do I write My Name and/or Assignment? 
    Any help is appreciated :)
  • 08 Apr 2014 7:17 AM
    Reply # 1533672 on 1533159
    Deleted user
    Congrats on your first wholesale deal!

    "Dana Pollard and/or Assigns" would be the traditional entry on the Buyer field.

    While some wholesalers will argue that transparency could cost you deals, I usually go an extra step and (in addition to adding "and/or Assigns") I will put something like "Buyer may assign this contract to a third party at Buyer's sole discretion" in the Special Provisions section or as an addendum for added clarity.  That way a seller can't claim they didn't understand the implications of "and/or Assigns" after the fact.  If this is a deal-breaker for the seller, I'd rather find out up front than after the fact and find myself in litigation.

    I believe one of the best ways to avoid litigation is to make sure all parties understand and agree to all the relevant terms and conditions prior to signing on the dotted line.

    All of this is probably less important if you're doing a double-closing, more important if you plan to sell the contract for an assignment fee.

    I'm relatively new; if anyone has a different approach please share your wisdom.  :)

    David

    PS:  If your deal is in the mid-cities, please email me the details:  David@UpliftDFW.com.  Thanks!
  • 08 Apr 2014 8:09 AM
    Reply # 1533715 on 1533159
    Robin Carriger (Administrator)

    I'm not an attorney, so this is not official legal advice.  I've assigned LOTS of contracts over the years for deals that were closed by an attorney.  As David mentioned, I typically add "and/or assigns" to the end of the Buyer line.  Having said that, my understanding is that contracts are inherently assignable even without the "and/or assigns."

    We cover multiple ways to close wholesale deals in the Wholesale Real Estate Investing Class my wife and I teach.  If assigning the contract doesn't work out, please feel free to give me a call.  I'll give you some other suggestions.

    Robin

  • 08 Apr 2014 9:04 AM
    Reply # 1533776 on 1533672
    David Weiss wrote:Congrats on your first wholesale deal!

    "Dana Pollard and/or Assigns" would be the traditional entry on the Buyer field.

    While some wholesalers will argue that transparency could cost you deals, I usually go an extra step and (in addition to adding "and/or Assigns") I will put something like "Buyer may assign this contract to a third party at Buyer's sole discretion" in the Special Provisions section or as an addendum for added clarity.  That way a seller can't claim they didn't understand the implications of "and/or Assigns" after the fact.  If this is a deal-breaker for the seller, I'd rather find out up front than after the fact and find myself in litigation.

    I believe one of the best ways to avoid litigation is to make sure all parties understand and agree to all the relevant terms and conditions prior to signing on the dotted line.

    All of this is probably less important if you're doing a double-closing, more important if you plan to sell the contract for an assignment fee.

    I'm relatively new; if anyone has a different approach please share your wisdom.  :)

    David

    PS:  If your deal is in the mid-cities, please email me the details:  David@UpliftDFW.com.  Thanks!


    In my opinion, adding the assignment verbiage in the Special Provisions should document verbal disclosure of the potential for assignment to the seller. I use the standard TREC contract and also have the assignment buyer sign the agreement that can be viewed at https://dl.dropboxusercontent.com/u/17204683/ASSIGNMENT%20OF%20CONTRACT.docx.

    Dan
  • 08 Apr 2014 9:10 AM
    Reply # 1533793 on 1533159
    Whoops; that link does not seem to be working. Try https://app.box.com/s/ca7cu6fu3j1lhpc1ncdl
  • 17 Apr 2014 9:05 AM
    Reply # 1539633 on 1533159
    Dana Pollard,

    Please contact me if you are interested in assigning the property and making some fast cash as I am always in search of more deals!

    Thanks,

    Taylor Weakley
    817-939-9436
    taylorweakley@yahoo.com
  • 18 Apr 2014 6:01 AM
    Reply # 1540192 on 1533159
    Deleted user
    Thank you all so much! Got it assigned and ready to roll! Hopefully closing next week. 
    I've got you all down for future deals I run across!
    Dan- thank you for the assignment form!
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