I have a tough deal I'm working on right now. There is an investor here in CA who has a approved short sale with the bank who's looking to double close with me, I found another investor who has a buyer for this property. So how can I structure this so the investor who found the buyer and I can get paid off this deal and still keeping the bank happy?
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I'd say structure an agreement with the buyer and put him direct contact with the investor who HAS the property. Have him pay ONE 'property locator or referral fee' and you and the other person work a split off the referral fee . To may turns/flips will inflate the property into 'not' such a good deal and with to many involved make the deal to hairy.
A little piece is better than no piece.
OR
IF the deal is strong enough you can use transitional funds to close the first transaction and cover you to your second transaction.
But with so many in the deal, someone HAS to take a lower position and have an 'outside' split or buyer may not bite.
I can speak from experience, I have passed on several because I couldn't get direct access to the one who had control of the property. There where 3-5 deep of wholesalers trying to flip a flip. I don't care how many get paid off it, it just want direct connection and let them work out the allocation of fee. There ARE easier deals if you're standing on the buyer side.
just my .02
Blessings,
Jen
That's exactly what I was thinking, but would it be between me and the buyer or the other investor who has it locked up with the bank? What type of contract should I use, is there one out there or should I just write up my own agreement?
I'd say, you and the investor that is bringing the buyer have a simple agreement and have the buyer sign paying you $XXX amount then put him in direct connection with the investor that has the property from the bank. If it was me I'd opt to have the fee paid on the front end BUT if the buyer prefers you can have it disbursed at close. Ex: say you pull a $5k (or whatever) referral fee. the buyer signs agreeing to pay the $5k for the property. ex: If oping to be paid at close: $2,500 check cut to you and $2,500k check cut to other guy. Just being an allocation of funds, no other expense added to buyer
don't see an option to add a file, but would basically say something like this:
FINDERS FEE AGREEMENT
This is a finders fee agreement between _____________________ (Party A) and
____________________________ (Party B) dated _____________ .
___________________________________ (Party B) agrees to pay
___________________________________ (Party A)
$____________________
for the property located at:_______________________________________
The finders fee is due at the time of closing. (CAN CHANGE THIS TO PAID AT ACCEPTANCE)
This is a legal binding agreement. By both parties signing the agreement they have read and understand their obligations of the finders fee agreement.
Party A ___________________________ Date ___________________________
Party B ___________________________ Date ___________________________
(THEN JUST ADD ANOTHER LINE TO INCLUDE THE OTHER GUY IN IT AND/OR MODIFY TO MEET YOUR SPECIFIC NEEDS) WAS JUST TO GIVE YOU AN IDEA OF THE SIMPLICITY
Hope it helps!
Best wishes and good job,
Jen
oh one more thing. Make sure you have agreement signed and either funds on the front end or signed and provided to investor with control of the property (be be included in close docs) BEFORE you release information/connections to buyer.
unfortunately not everyone is as straight up as we would hope. lol keeping everything in writing, transparent and all business.
Jen
Thank you so much for you great advise bama! The only problem is the buyer is using financing! Will this make a difference? I was thinking of writing up an agreement between the investors who locked it up with the bank and myself so we can get our fees. Then connect the buyer with the investor who will double close on the deal. Once he gets paid he distributes the money, since we're dealing with 2 different banks!
may put a little kink in the chain. Will have to confirm with the bank and their requirements. I've had a deal where my end buyer was pulling financing and they (bank) required at least 30 days seasoning on the deed of the seller and the buyer (their client) had to be listed as the buyer on the contract. I worked it out with an IEE but it wasn't a bank owned property and no agents were involved.
banks also don't allow 'strickyness' in the transactions. they don't like daisy chains. You guys will have to be paid outside.
verify what type of loan he is pulling, make sure their is a copy of his approval letter/commitment letter provided which I sure you're investor/bank holding the property will require.
going to come down to bank requirements and provided the property will accommodate the type of funding he is trying to pull. ex: not going to get an FHA if the property has severe deferred maintenance and want pass inspections, etc. you get the idea....
BUT if the investor doing the negotiation is direct connect, he CAN be allowed in it. I am doing a shortsale right now that I am directly negotiation with the bank and it is fully disclosed I intended on wholesaling the property. On my PA it clearly states this contract is assignable. I provided prelim. HUD1 Friday so, should know Monday if it's a go on my offer. BUT it's a smaller bank and they want to dissolve the inventory and no other agent/party is involved though.
There are always little conditions/variables