I see this question asked over and over in the forums. I just learned some info and thought I'd share right away, for those of you (just like me) who never really heard a solid answer.
ARE ASSIGNMENT CONTRACTS LEGAL IN FLORIDA?
The answer is YES THEY ARE! I *just* got off the phone with a Real Estate attorney in my area (Daytona Beach/Volusia County (central Florida)) who told me very clearly that they ARE legal, but NOT for short sales. So, assign all the contracts you want... you just can't assign a short sale.
I also asked another question that has been bothering me for quite some time: Is there an official contract/form that MUST be used (in Florida)? I've seen them all over the place (on-line record searches, etc.), but you can't download a blank one and agents/Realtors won't just "give them up". The answer = NO. A "standard" form DOES exist, but it is NOT required/mandated that it be used. So, a "home-drawn" contract is certainly acceptable, as long as it contains all the right wording/"boiler plate" (always best to have an attorney review one before it's used or signed, just to make sure). Plus, it's easy to see ones that are used by doing a few on-line record searches where you can view the actual documents.
So... Hopefully I've answered at least one plaguing question!
Rock on,
Chris
Quotes about me from other users:
"...high and mighty ... I have to bring the hammer down on them"
- My response: "The view from OUTSIDE THE BOX is a lot better than from INSIDE."
Thank you very helpful. I'm in Tampa.
I co-sign on that!!
Assignments in Florida are very legal. in fact, Ive been doing them for years.
I wanna also add that REO's along with Short sales cannot be assigned. The greedy banks don't wanna make it easy for ANYONE to make money on deals that they have already took a HUGE loss on.
To get around the NO assignment rule, one would need to double close, AKA simultaneous close, This is where you would buy the property from the bank and sell it to your new buyer in the SAME DAY. Many wholesalers do this by obtaining one day cash loans from individuals, better known as "transactional funding". These type of loans will run up you 1%-4% of the amount of the loan.
But be careful though........ and check all out all the causes of the bank your dealing with. Some banks have gotten hip to this technique and have become "ANTI WHOLESALER". They make you hold a property for 90 days before you can resell, even to a cash buyer.
This is why I much rather prefer to work direct with sellers
HAPPY INVESTING!!
South Florida Wholesale Properties
We Buy South Florida Homes
Hi, family hope everyone is doin find. I need help with this problem; is it possiable for me to take action without me having a real estate agent. Newbe! I live in Broward county florida, not sure if it could done. HAVE ANYONE HERE USE THAT ROUTE? YOUR RESPONES WILL HELP. THANKS ALOT...
HAPPY INVESTING!!!!!
******* GOD LIVE 4 EVER & EVER *******
MOST HIGH GOD LEAD***move all the obsticals out the way..
**NOT MY WILL,BUT YOUR WILL**
Yes, its absolutely possible to get stared without the help of a RE agent.
Now, weather you need them along the way depends on what type of deals you are doing. If you are seeking deals on the MLS, you will definitely need a Realtor to present your offers.
On the other hand, if you are doing your own marketing to private sellers, such as using a we buy houses website, craigslist ad, yellow letters...etc. Then you will NOT need to involve a RE agent at any point. You would simply negotiate price one on one with your seller, lock the deal up under contract, assign the deal to a new buyer and collect your profit in between.
I'm also in Broward County, and have been doing deals with and without agents for sometime now!!
Hope that helps!!
HAPPY INVESTING!!!!!
******* GOD LIVE 4 EVER & EVER *******
South Florida Wholesale Properties
We Buy South Florida Homes
Hey, FAMILY how's everyone? THANKS A BUNCH STELLARREI...The information was helpful. I need a agent, in the Hollywood area. Would you recommed 1 or 2 realtors, you may know that are ivestor friendly. I'm having a really hard time, findding one in the hollywood area; can you help me once more...THANKS A BUNCH THE HELPFUY INFOR.
....HAPPY INVESTING....
****GOD LIVE 4 EVER N EVER****
...The World Is Yours...
MOST HIGH GOD LEAD***move all the obsticals out the way..
**NOT MY WILL,BUT YOUR WILL**
thanks for the info. you just saved me a lot of guess work and humilition with your information. God bless all of you.
Thanks A Million ... Good Investing to all!!!!!
Good insight...
These answers helped out a lot!!!
I am in Naples, and curently looking to open up a partnership with serious investors, IM me if it interests you.
Luiz
"Obstacles are what you see when you take your eyes off your goal"
Dean Graziosi
Live, Love, Laugh!!!!!
Thank you all. I'm a wholesaler working in the Orlando area. My question is can you double close on a property with a buyer that's out of state?
Yes you can double close with someone out of town. As long as you got their info and give it to your transactional funding company. As long as the end buyer money is in escrow he can be in timbuktu. I hope this info was helpful.
Seeking overall prosperity in life,
Carlos