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How To Navigate The Real Estate Assignment Contract

assignment of contract real estate investing

What is assignment of contract?

Assignment of contract vs double close

How to assign a contract

Assignment of contract pros and cons

Even the most left-brained, technical real estate practitioners may find themselves overwhelmed by the legal forms that have become synonymous with the investing industry. The assignment of contract strategy, in particular, has developed a confusing reputation for those unfamiliar with the concept of wholesaling. At the very least, there’s a good chance the “assignment of contract real estate” exit strategy sounds more like a foreign language to new investors than a viable means to an end.

A real estate assignment contract isn’t as complicated as many make it out to be, nor is it something to shy away from because of a lack of understanding. Instead, new investors need to learn how to assign a real estate contract as this particular exit strategy represents one of the best ways to break into the industry.

In this article, we will break down the elements of a real estate assignment contract, or a real estate wholesale contract, and provide strategies for how it can help investors further their careers. [ Thinking about investing in real estate? Register to attend a FREE online real estate class and learn how to get started investing in real estate. ]

What Is A Real Estate Assignment Contract?

A real estate assignment contract is a wholesale strategy used by real estate investors to facilitate the sale of a property between an owner and an end buyer. As its name suggests, contract assignment strategies will witness a subject property owner sign a contract with an investor that gives them the rights to buy the home. That’s an important distinction to make, as the contract only gives the investor the right to buy the home; they don’t actually follow through on a purchase. Once under contract, however, the investor retains the sole right to buy the home. That means they may then sell their rights to buy the house to another buyer. Therefore, when a wholesaler executes a contact assignment, they aren’t selling a house but rather their rights to buy a house. The end buyer will pay the wholesale a small assignment fee and buy the house from the original buyer.

The real estate assignment contract strategy is only as strong as the contracts used in the agreement. The language used in the respective contract is of the utmost importance and should clearly define what the investors and sellers expect out of the deal.

There are a couple of caveats to keep in mind when considering using sales contracts for real estate:

Contract prohibitions: Make sure the contract you have with the property seller does not have prohibitions for future assignments. This can create serious issues down the road. Make sure the contract is drafted by a lawyer that specializes in real estate assignment contract law.

Property-specific prohibitions: HUD homes (property obtained by the Department of Housing and Urban Development), real estate owned or REOs (foreclosed-upon property), and listed properties are not open to assignment contracts. REO properties, for example, have a 90-day period before being allowed to be resold.

assignment fee

What Is An Assignment Fee In Real Estate?

An assignment fee in real estate is the money a wholesaler can expect to receive from an end buyer when they sell them their rights to buy the subject property. In other words, the assignment fee serves as the monetary compensation awarded to the wholesaler for connecting the original seller with the end buyer.

Again, any contract used to disclose a wholesale deal should be completely transparent, and including the assignment fee is no exception. The terms of how an investor will be paid upon assigning a contract should, nonetheless, be spelled out in the contract itself.

The standard assignment fee is $5,000. However, every deal is different. Buyers differ on their needs and criteria for spending their money (e.g., rehabbing vs. buy-and-hold buyers). As with any negotiations , proper information is vital. Take the time to find out how much the property would realistically cost before and after repairs. Then, add your preferred assignment fee on top of it.

Traditionally, investors will receive a deposit when they sign the Assignment of Real Estate Purchase and Sale Agreement . The rest of the assignment fee will be paid out upon the deal closing.

Assignment Contract Vs Double Close

The real estate assignment contract strategy is just one of the two methods investors may use to wholesale a deal. In addition to assigning contracts, investors may also choose to double close. While both strategies are essentially variations of a wholesale deal, several differences must be noted.

A double closing, otherwise known as a back-to-back closing, will have investors actually purchase the home. However, instead of holding onto it, they will immediately sell the asset without rehabbing it. Double closings aren’t as traditional as fast as contract assignment, but they can be in the right situation. Double closings can also take as long as a few weeks. In the end, double closings aren’t all that different from a traditional buy and sell; they transpire over a meeter of weeks instead of months.

Assignment real estate strategies are usually the first option investors will want to consider, as they are slightly easier and less involved. That said, real estate assignment contract methods aren’t necessarily better; they are just different. The wholesale strategy an investor chooses is entirely dependent on their situation. For example, if a buyer cannot line up funding fast enough, they may need to initiate a double closing because they don’t have the capital to pay the acquisition costs and assignment fee. Meanwhile, select institutional lenders incorporate language against lending money in an assignment of contract scenario. Therefore, any subsequent wholesale will need to be an assignment of contract.

Double closings and contract assignments are simply two means of obtaining the same end. Neither is better than the other; they are meant to be used in different scenarios.

Flipping Real Estate Contracts

Those unfamiliar with the real estate contract assignment concept may know it as something else: flipping real estate contracts; if for nothing else, the two are one-in-the-same. Flipping real estate contracts is simply another way to refer to assigning a contract.

Is An Assignment Of Contract Legal?

Yes, an assignment of contract is legal when executed correctly. Wholesalers must follow local laws regulating the language of contracts, as some jurisdictions have more regulations than others. It is also becoming increasingly common to assign contracts to a legal entity or LLC rather than an individual, to prevent objections from the bank. Note that you will need written consent from all parties listed on the contract, and there cannot be any clauses present that violate the law. If you have any questions about the specific language to include in a contract, it’s always a good idea to consult a qualified real estate attorney.

When Will Assignments Not Be Enforced?

In certain cases, an assignment of contract will not be enforced. Most notably, if the contract violates the law or any local regulations it cannot be enforced. This is why it is always encouraged to understand real estate laws and policy as soon as you enter the industry. Further, working with a qualified attorney when crafting contracts can be beneficial.

It may seem obvious, but assignment contracts will not be enforced if the language is used incorrectly. If the language in a contract contradicts itself, or if the contract is not legally binding it cannot be enforced. Essentially if there is any anti-assignment language, this can void the contract. Finally, if the assignment violates what is included under the contract, for example by devaluing the item, the contract will likely not be enforced.

How To Assign A Real Estate Contract

A wholesaling investment strategy that utilizes assignment contracts has many advantages, one of them being a low barrier-to-entry for investors. However, despite its inherent profitability, there are a lot of investors that underestimate the process. While probably the easiest exit strategy in all of real estate investing, there are a number of steps that must be taken to ensure a timely and profitable contract assignment, not the least of which include:

Find the right property

Acquire a real estate contract template

Submit the contract

Assign the contract

Collect the fee

1. Find The Right Property

You need to prune your leads, whether from newspaper ads, online marketing, or direct mail marketing. Remember, you aren’t just looking for any seller: you need a motivated seller who will sell their property at a price that works with your investing strategy.

The difference between a regular seller and a motivated seller is the latter’s sense of urgency. A motivated seller wants their property sold now. Pick a seller who wants to be rid of their property in the quickest time possible. It could be because they’re moving out of state, or they want to buy another house in a different area ASAP. Or, they don’t want to live in that house anymore for personal reasons. The key is to know their motivation for selling and determine if that intent is enough to sell immediately.

With a better idea of who to buy from, wholesalers will have an easier time exercising one of several marketing strategies:

Direct Mail

Real Estate Meetings

Local Marketing

2. Acquire A Real Estate Contract Template

Real estate assignment contract templates are readily available online. Although it’s tempting to go the DIY route, it’s generally advisable to let a lawyer see it first. This way, you will have the comfort of knowing you are doing it right, and that you have counsel in case of any legal problems along the way.

One of the things proper wholesale real estate contracts add is the phrase “and/or assigns” next to your name. This clause will give you the authority to sell the property or assign the property to another buyer.

You do need to disclose this to the seller and explain the clause if needed. Assure them that they will still get the amount you both agreed upon, but it gives you deal flexibility down the road.

3. Submit The Contract

Depending on your state’s laws, you need to submit your real estate assignment contract to a title company, or a closing attorney, for a title search. These are independent parties that look into the history of a property, seeing that there are no liens attached to the title. They then sign off on the validity of the contract.

4. Assign The Contract

Finding your buyer, similar to finding a seller, requires proper segmentation. When searching for buyers, investors should exercise several avenues, including online marketing, listing websites, or networking groups. In the real estate industry, this process is called building a buyer’s list, and it is a crucial step to finding success in assigning contracts.

Once you have found a buyer (hopefully from your ever-growing buyer’s list), ensure your contract includes language that covers earnest money to be paid upfront. This grants you protection against a possible breach of contract. This also assures you that you will profit, whether the transaction closes or not, as earnest money is non-refundable. How much it is depends on you, as long as it is properly justified.

5. Collect The Fee

Your profit from a deal of this kind comes from both your assignment fee, as well as the difference between the agreed-upon value and how much you sell it to the buyer. If you and the seller decide you will buy the property for $75,000 and sell it for $80,000 to the buyer, you profit $5,000. The deal is closed once the buyer pays the full $80,000.

real estate assignment contract

Assignment of Contract Pros

For many investors, the most attractive benefit of an assignment of contract is the ability to profit without ever purchasing a property. This is often what attracts people to start wholesaling, as it allows many to learn the ropes of real estate with relatively low stakes. An assignment fee can either be determined as a percentage of the purchase price or as a set amount determined by the wholesaler. A standard fee is around $5,000 per contract.

The profit potential is not the only positive associated with an assignment of contract. Investors also benefit from not being added to the title chain, which can greatly reduce the costs and timeline associated with a deal. This benefit can even transfer to the seller and end buyer, as they get to avoid paying a real estate agent fee by opting for an assignment of contract. Compared to a double close (another popular wholesaling strategy), investors can avoid two sets of closing costs. All of these pros can positively impact an investor’s bottom line, making this a highly desirable exit strategy.

Assignment of Contract Cons

Although there are numerous perks to an assignment of contract, there are a few downsides to be aware of before searching for your first wholesale deal. Namely, working with buyers and sellers who may not be familiar with wholesaling can be challenging. Investors need to be prepared to familiarize newcomers with the process and be ready to answer any questions. Occasionally, sellers will purposely not accept an assignment of contract situation. Investors should occasionally expect this, as to not get discouraged.

Another obstacle wholesalers may face when working with an assignment of contract is in cases where the end buyer wants to back out. This can happen if the buyer is not comfortable paying the assignment fee, or if they don’t have owner’s rights until the contract is fully assigned. The best way to protect yourself from situations like this is to form a reliable buyer’s list and be upfront with all of the information. It is always recommended to develop a solid contract as well.

Know that not all properties can be wholesaled, for example HUD houses. In these cases, there are often anti-assigned clauses preventing wholesalers from getting involved. Make sure you know how to identify these properties so you don’t waste your time. Keep in mind that while there are cons to this real estate exit strategy, the right preparation can help investors avoid any big challenges.

Assignment of Contract Template

If you decide to pursue a career wholesaling real estate, then you’ll want the tools that will make your life as easy as possible. The good news is that there are plenty of real estate tools and templates at your disposal so that you don’t have to reinvent the wheel! For instance, here is an assignment of contract template that you can use when you strike your first deal.

As with any part of the real estate investing trade, no single aspect will lead to success. However, understanding how a real estate assignment of contract works is vital for this business. When you comprehend the many layers of how contracts are assigned—and how wholesaling works from beginning to end—you’ll be a more informed, educated, and successful investor.

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Assignment of Contract – Assignable Contract Basics for Real Estate Investors

What is assignment of contract? Learn about this wholesaling strategy and why assignment agreements are the preferred solution for flipping real estate contracts.

assignment of contract real estate investing

Beginners to investing in real estate and wholesaling must navigate a complex landscape littered with confusing terms and strategies. One of the first concepts to understand before wholesaling is assignment of contract, also known as assignment of agreement or “flipping real estate contracts.”  

An assignment contract is the most popular exit strategy for wholesalers, and it isn’t as complicated as it may seem. What does assignment of contract mean? How can it be used to get into wholesaling? Here’s what you need to know.

What Is Assignment of Contract?

How assignment of contract works in real estate wholesaling, what is an assignment fee in real estate, assignment of agreement pros & cons, assignable contract faqs.

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Assignment of real estate purchase and sale agreement, or simply assignment of agreement or contract, is a real estate wholesale strategy that facilitates a sale between the property owner and the end buyer.

This strategy is also known as flipping real estate contracts because that’s essentially how it works:

  • The wholesaler finds a property that’s already discounted or represents a great deal and enters into a contract with the seller,
  • The contract contains an assignment clause that allows the wholesaler to assign the contract to someone else (if they choose to!), then
  • The wholesaler can assign the contract to another party and receive an assignment fee when the transaction closes.

Assignment of contract in real estate is a popular strategy for beginners in real estate investment because it requires very little or even no capital. As long as you can find an interested buyer, you do not need to come up with a large sum of money to buy and then resell the property – you are only selling your right to buy it .

An assignment contract passes along your purchase rights as well as your contract obligations. After the contract assignment, you are no longer involved in the transaction with no right to make claims or responsibilities to get the transaction to closing.

Until you assign contract to someone else, however, you are completely on the hook for all contract responsibilities and rights.

This means that you are in control of the deal until you decide to assign the contract, but if you aren’t able to get someone to take over the contract, you are legally obligated to follow through with the sale .

Assignment of Contract vs Double Closing

Double closing and assignment of agreement are the two main real estate wholesaling exit strategies. Unlike the double closing strategy, an assignment contract does not require the wholesaler to purchase the property.

Assignment of contract is usually the preferred option because it can be completed in hours and does not require you to fund the purchase . Double closings take twice as much work and require a great deal of coordination. They are also illegal in some states.

Ready to see how an assignment contract actually works? Even though it has a low barrier to entry for beginner investors, the challenges of completing an assignment of contract shouldn’t be underestimated. Here are the general steps involved in wholesaling.

Step #1. Find a seller/property

The process begins by finding a property that you think is a good deal or a good investment and entering into a purchase agreement with the seller. Of course, not just any property is suitable for this strategy. You need to find a motivated seller willing to accept an assignment agreement and a price that works with your strategy. Direct mail marketing, online marketing, and checking the county delinquent tax list are just a few possible lead generation strategies you can employ.

Step #2: Enter into an assignable contract

The contract with the seller will be almost the same as a standard purchase agreement except it will contain an assignment clause.

An important element in an assignable purchase contract is “ and/or assigns ” next to your name as the buyer . The term “assigns” is used here as a noun to refer to a potential assignee. This is a basic assignment clause authorizing you to transfer your position and rights in the contract to an assignee if you choose.

The contract must also follow local laws regulating contract language. In some jurisdictions, assignment of contract is not allowed. It’s becoming increasingly common for wholesalers to assign agreements to an LLC instead of an individual. In this case, the LLC would be under contract with the seller. This can potentially bypass lender objections and even anti-assignment clauses for distressed properties. Rather than assigning the contract to someone else, the investor can reassign their interest in the LLC through an “assignment of membership interest.”

Note: even the presence of an assignment clause can make some sellers nervous or unwilling to make a deal . The seller may be picky about whom they want to buy the property, or they may be suspicious or concerned about the concept of assigning a contract to an unknown third party who may or may not be able to complete the sale.

The assignment clause should always be disclosed and explained to the seller. If they are nervous, they can be assured that they will still get the agreed-upon amount.

Step #3. Submit the assignment contract for a title search

Once you are under contract, you must typically submit the contract to a title company to perform the title search. This ensures there are no liens attached to the property.

Step #4. Find an end buyer to assign the contract

Next is the most challenging step: finding a buyer who can fulfill the contract’s original terms including the closing date and purchase price.

Successful wholesalers build buyers lists and employ marketing campaigns, social media, and networking to find a good match for an assignable contract.

Once you locate an end buyer, your contract should include earnest money the buyer must pay upfront. This gives you some protection if the buyer breaches the contract and, potentially, causes you to breach your contract with the seller. With a non-refundable deposit, you can be sure your earnest money to the seller will be covered in a worst-case scenario.

You can see an assignment of contract example here between an assignor and assignee.

Step #5. Receive your assignment fee

The final step is receiving your assignment fee. This fee is your profit from the transaction, and it’s usually paid when the transaction closes.

The assignment fee is how the wholesaler makes money through an assignment contract. This fee is paid by the end buyer when they purchase the right to buy the property as compensation for being connected to the original seller. Assignment contracts should clearly spell out the assignment fee and how it will be paid.

An assignment fee in real estate replaces the broker or Realtor fee in a typical transaction as the assignor or investor is bringing together the seller and end buyer.

The standard real estate assignment fee is $5,000 . However, it varies by transaction and calculating the assignment fee may be higher or lower depending on whether the buyer is buying and holding the property or rehabbing and flipping.

The assignment fee is not always a flat amount. The difference between the agreed-upon price with the seller and the end buyer is the profit you stand to earn as the assignor. If you agreed to purchase the property for $150,000 from the seller and assign the contract to a buyer for $200,000, your assignment fee or profit would be $50,000.

In most cases, an investor receives a deposit when the Assignment of Purchase and Sale Agreement is signed with the rest paid at closing.

Be aware that assignment agreements can have a bad reputation . This is usually the case when the end buyer and seller are unsatisfied, realizing they could have sold higher or bought lower and essentially paid thousands to an investor who never even wanted to buy the property.

Opting for the standard, flat assignment fee is much more readily accepted by sellers and buyers as it’s comparable to a real estate agent’s commission or even much lower and the parties can avoid working with an agent.

Real estate investors enjoy many benefits of an assignment of contract:

  • This strategy requires little or no capital which makes it a popular entry to wholesaling as investors learn the ropes.
  • Investors are not added to the title chain and never own the property which reduces costs and the amount of time the deal takes.
  • An assignment of agreement is easier and faster than double closing which requires two separate closings and two sets of fees and disclosures.
  • Wholesaling can be a great tool to expand an investor’s network for future opportunities.

As with most things, there are important drawbacks to consider. Before jumping into wholesaling and flipping real estate contracts, consider the downsides .

  • It can be difficult to work with sellers and buyers who are not familiar with wholesaling or assignment agreements.
  • Some sellers avoid or decline assignment of contract offers because they are suspicious of the arrangement, think it is too risky, or want to know who they are selling to.
  • There is a limited time to find an end buyer. Without a reliable buyer’s list, it can be very challenging to find a viable end buyer before the closing date.
  • The end buyer may back out at the last minute. This may happen if they do not have owner’s rights until the contract is assigned or they do not want to pay an assignment fee.
  • Not all properties are eligible for wholesaling like HUD and REO properties. There may be anti-assignment clauses or other hurdles. It is possible to get around this by purchasing the property with an LLC which can then be sold, but this is a level of complication that many wholesalers want to avoid.
  • Assignors do not have owner’s rights. When the property is under contract, investors cannot make repairs or improvements. This makes it harder to assign a contract for a distressed property in poor condition.
  • It can be hard to confirm an end buyer is qualified. The end buyer is responsible for paying the agreed upon price set by the seller and assignor. Many lenders do not handle assignment agreements which usually means turning to all-cash end buyers. Depending on the market, they can be hard to find.

In the worst-case scenario, if a wholesaling deal falls through because the end buyer backs out, the investor or assignor is still responsible for buying the property and must follow through with the purchase agreement. If you do not, you are in breach of contract and lose the earnest money you put down.

To avoid this worst-case scenario, be prepared with a good buyer’s list. You should only put properties under contract that you consider a good deal and you can market to other investors or homeowners. You may be able to get more time by asking for an extension to the assignment of contract while you find another buyer or even turn to other wholesalers to see if they have someone who would be a good fit.

What is the difference between assignor vs assignee?

In an assignment clause, the assignor is the buyer who then assigns the contract to an assignee. The assignee is the end buyer or final buyer who becomes the owner when the transaction closes. After the assignment, contract rights and obligations are transferred from the assignor to the assignee.

What Is an assignable contract?

An assignable contract in real estate is a purchase agreement that allows the buyer to assign their rights and obligations to another party before the contract expires. The assignee then becomes obligated to meet the terms of the contract and, at closing, get title to the property.

Is Assignment of Agreement Legal?

Assignment of contract is legal as long as state regulations are followed and it’s an assignable contract. The terms of your agreement with the seller must allow for the contract to be assumed. To be legal and enforceable, the following general requirements must be met.

  • The assignment does not violate state law or public policy. In some states and jurisdictions, contract assignments are prohibited.
  • There is no assignment clause prohibiting assignment.
  • There is written consent between all parties.
  • The property does not have restrictions prohibiting assignment. Some properties have deed restrictions or anti-assignment clauses prohibiting assignment of contract within a specific period of time. This includes HUD properties, short sales, and REO properties which usually prohibit a property from being resold for 90 days. There is potentially a way around these non-assignable contracts using an LLC.

Can a non-assignable contract still be assigned?

Even an non-assignable contract can become an assignable contract in some cases. A common approach is creating an agreement with an LLC or trust as the purchaser. The investor can then assign the entity to someone else because the contractual rights and obligations are the entity’s.

Assignment agreements are not as complicated as they may sound, and they offer an excellent entry into real estate investing without significant capital. A transaction coordinator at Transactly can be an invaluable solution, no matter your volume, to keep your wholesaling business on track and facilitate every step of the transaction to closing – and your assignment fee!

Adam Valley

Adam Valley

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Understanding the Assignment of Contract in Real Estate Investing

In the world of real estate investing , there are various strategies that investors employ to maximize their returns and minimize risks. One such strategy is the assignment of contract, which allows investors to transfer their rights and obligations under a real estate contract to another party.

What is an Assignment of Contract?

An assignment of contract is a legal agreement that allows an investor (the assignor) to transfer their rights and obligations under a real estate contract to another party (the assignee). This means that the assignor can effectively sell their position in the contract to the assignee, who then steps into the assignor’s shoes and assumes all contractual rights and responsibilities.

Typically, the assignor is a real estate investor who has entered into a purchase agreement with a seller. However, for various reasons, the assignor may decide to assign their rights to another investor or buyer before the closing of the transaction.

How Does the Assignment of Contract Work?

Let’s say a wholesale investor, John, signs a purchase agreement with a seller to buy a property for $100,000. Before the closing date, John finds another investor, Sarah, who is interested in purchasing the property for $110,000. Instead of going through with the purchase himself, John decides to assign his contract to Sarah.

John and Sarah then enter into an assignment agreement, which outlines the terms of the assignment. This agreement states that John is transferring his rights and obligations under the original purchase agreement to Sarah. It also specifies the assignment fee, which is the amount Sarah will pay John for the assignment.

Once the assignment agreement is signed, Sarah becomes the assignee and assumes all of John’s rights and responsibilities under the original purchase agreement. This means that Sarah will be the one to close the transaction with the seller and pay the agreed-upon purchase price of $100,000.

In this scenario, John makes a profit of $10,000 ($110,000 – $100,000) without ever owning the property. Sarah, on the other hand, gains the opportunity to purchase the property at a price she finds favorable.

Benefits of the Assignment of Contract

The assignment of contract can be a beneficial strategy for real estate investors for several reasons:

  • Flexibility: Assigning a contract allows investors to profit from a deal without having to go through with the purchase themselves. This flexibility allows investors to leverage their time and resources more effectively.
  • Reduced Risk: By assigning a contract, investors can avoid the financial risks associated with owning and maintaining a property. They can also minimize the risks of market fluctuations and unforeseen expenses.
  • Profit Potential: Assigning a contract can provide investors with a quick and relatively low-risk way to make a profit. By finding a buyer willing to pay a higher price than the original purchase agreement, investors can earn an assignment fee.
  • Access to More Deals: The assignment of contract allows investors to participate in more real estate transactions without the need for significant financial resources. This opens up opportunities for investors to expand their portfolios and increase their potential profits.

Legal Considerations

While the assignment of contract can be a lucrative strategy for real estate investors, it is important to consider the legal aspects involved:

Contractual Obligations: The assignee assumes all the rights and obligations of the original contract. It is crucial to thoroughly review the terms and conditions of the original contract before entering into an assignment agreement.

Assignment Fee: The assignment fee, also known as the assignment consideration, is the amount paid by the assignee to the assignor for the transfer of the contract. The amount and terms of the assignment fee should be clearly stated in the assignment agreement.

Legal Advice: It is advisable to seek legal counsel to ensure compliance with local laws and regulations regarding the assignment of contracts. Real estate laws can vary from one jurisdiction to another, so it is essential to have a clear understanding of the legal requirements.

The assignment of contract is a valuable tool in the real estate investor’s arsenal. It provides flexibility, reduces risk, and offers the potential for profit. However, it is important to understand the legal implications and seek professional advice to navigate the intricacies of this strategy successfully.

By leveraging the assignment of contract, real estate investors can unlock new opportunities and maximize their returns in the ever-evolving world of real estate investing.

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How to Use Real Estate Assignment Contracts for Investing

Real estate assignment contracts can lead to easy money

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  • Definition of an 'Assign'

What an Assignment Conveys

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Jim Kimmons is a real estate broker and author of multiple books on the topic. He has written hundreds of articles about how real estate works and how to use it as an investment and small business.

Visualize a real estate purchase contract with just a few extra words added to your name as the buyer. It would look something like this:

"Buyer: John J. Doe, and/or assigns."

That's it. You've provided for a real estate assignment contract. It seems simple, and it is, and it opens up many opportunities for profits in real estate investing .

Who or What Is an 'Assign'?

Your "assigns" would be anyone to whom you want to pass your purchase rights. Maybe you've effectively locked up a property with a purchase contract. You can now go ahead and buy it, flip it, rehab and rent it, or apply any other strategy that's legal.

Or you can also pass it along to someone else for profit, never actually buying it yourself. This is an assignment contract.

Control is all in your court at the beginning; you don't have to turn the deal over to anyone else if you decide not to, or until such time as it best suits you financially if you decide to go ahead with the assignment. The downside is that if you can't find anyone to take over the contract and that was your intention, you'll be legally obligated to consummate the sale yourself.

You're not just passing your purchase rights along. You're also passing your obligations in the contract. This means that you're no longer involved in the transaction at all after the assignment takes place.

You don't have any right to make claims against the seller if there are problems with the deal moving forward, however. The person or company to whom you've assigned the deal to is now responsible for taking the deal through to closing. 

Of course, this assumes that you've actually assigned the contract to another party. Until that time, you're on the hook. The contract is a legal document, governed by individual state laws, so the seller might have various means of recourse if you don't assign the contract and you don't follow through and close on the property.

You probably won't be receiving your fee or profit until closing, so you might be understandably nervous as you wait for the deal to close.

A Note About State Laws

A few states won't let you transfer liability in this way, so you might want to check with an attorney in your area to make sure you understand the laws in your jurisdiction before you jump in with both feet.

HUD homes and real estate owned properties or foreclosures generally aren't open to assignment in any state.

The simplest way to profit in this situation is to locate one or more buyers in your buyer database, show them the value in the deal, and take a referral or "bird-dog" fee for bringing it to them.

Bird-dogging doesn't involve getting technically involved in the deal at all. It's more or less an arrangement where you locate the property, then say, "Here you go, Investor," and the investor takes it from there, personally entering into a purchase contract with the seller—in exchange for a fee to you, of course.

You'll then assign your rights to the deal, and they'll go forward to closing.

They'll pay you your fee at or after closing. You could profit handsomely, even though all you had at risk was whatever earnest money deposit was required. And that risk is pretty low if you know who your buyers are likely to be before you contract the property, assuming the value is there.

You'll also begin to build and maintain an active investor buyer list for your customer pool. This is critical because you really want to be sure you have a ready buyer or two for a home before you commit that earnest money. You should be covered pretty well if you do a good job of building your list .

The list should include both fix-and-flip and rental property investors who have an interest in buying depending on the condition of the property. 

Rental investors normally want a house ready for occupancy, or at least with only cosmetic or minor repairs necessary.

Back-to-Back Closings for a Flip Sale

You can also take on the purchase personally and immediately selling it to another investor or a retail buyer. You might want to take this approach because your profits would be more significant.

Unfortunately, you can no longer use the funds from one deal to close on another in simultaneous closings since the mortgage crisis in 2007. Lenders just won't allow it. But you can explore resources for short-term funding, such as a relative, your own cash, or a hard money lender.

You only need the money long enough to close the purchase and resell. This might be hours, but it should never be more than a day or two.

A Great Real Estate Investment Strategy

Ideally, you've perfected your techniques and you can locate really great deep discount real estate deals with others. There are many ways to get to a good deal early, and your value to your buyer-customer is that you've got the property in your control. They'll only get it if you pass it along.

You can make this work well for you by honing two tasks: First, have a really good buyer database with information about what each is looking for, and second, learn and put into play various strategies for locating great property deals before they become general knowledge.

Using real estate assignment contracts can be your ticket to real estate investing profits with little of your own money at risk if you get these two things in line and operating for you.

Under 30 Wealth

Real Estate Assignment of Contract: What Investors and Wholesalers Need to Know

Now and again you have heard experienced investors say you can break into the real estate industry with minimum or no capital. That sounds a relief. Getting capital to start a business is one of the greatest challenges for new investors. The jackpot they are referring to is wholesaling in real estate investing.

But how can I commence without money? This lucrative venture gives you an opportunity to acquire ownership rights of property by getting it under contract. After which you sell these rights to another buyer with a profit.

Contract assignment in wholesaling real estate is one process that all investors and wholesalers should understand deeply. It has its own intricacies that even those who have been in the industry don’t comprehend.

But again, it is not that complicated. If you are curious to learn how the real estate assignment of contract works and how to use it to achieve your financial goals, you are reading the right article. Let us begin.

A real estate assignment of contract

This is a wholesale approach employed by real estate investors to expedite the sale of a property between the owner and an interested buyer. In this strategy, a wholesaler signs a contract with the property owner that gives them rights to buy the house below the market value, in return for the house to be sold easily and quickly.

The wholesaler then goes ahead and sells these rights to an interested buyer at a slightly higher price than the contract amount. The buyer is mostly another real estate investor who is looking for desirably priced properties to fix and flip. The buyer in turn pays the wholesaler assignment fees and goes ahead to buy the property. In other terms, the wholesaler is flipping a real estate contract.

The strength of the contract relies on what is written in it. It should clearly outline what each of the parties involved will get out of it. As an investor make use of a specialized lawyer in a real estate contract assignment.

The contract should clearly state that the wholesale deal is a transparent process. Additionally, the contract should spell out the assignment fees and how the wholesaler will be paid after assigning a contract. The standard fee is usually $5000 though, sometimes it varies depending on the deal.

The process of assigning a real estate contract

As much as real estate contract assignment is profitable, the process to make it flawlessly can’t be underestimated. The following are steps you should follow to have a timely and valuable contract assignment.

#1:   Find the right property

In wholesale real estate investing you don’t just look for any property. Your specific search is aimed at finding motivated sellers, who are looking to get rid of their properties quickly and easily. Because of their urgency, they mostly sell their homes below the market value.

In your hunt, it is wise to target homes that are in bad shape but can be renovated or those that have been in the market for a long time. Choose the right property and obtain all relevant information about it. You can go ahead and even estimate the renovation costs to build credibility with your buyers.

But how do you get such properties? It is not an easy process but you can apply the following methods:

#1: Driving for dollars

This entails driving around your locality looking for homes that look distressed and get in touch with the owners hoping to sign a contract.

#2: Bandit signs

Another option is strategically placing “we buy homes” signs with your contact, hoping a motivated seller will give you a call.

#3: Direct mail

This process involves purchasing a mailing list and sending several mails to potential sellers.

  #2:   Draft and submit the contract

Real estate assignment contract templates can easily be accessed online. Get one and make use of an attorney to go through and edit it to fit your needs. An attorney will ensure you do the right thing and provide legal advice in case of any issues.

Disclose this draft to the seller and explain all clauses if necessary. You need to assure the owner of the property they will get the proceeds of the property as agreed.

Depending on your local authorities, submit the real estate assignment contract for a title search to ensure the property has no outstanding claims. Then sign the contract to make it valid.

#3:   Find a buyer

Just like finding a seller, finding a buyer involves exploring all avenues. Starting might not be easy, but with time you will make a buyers list that you can use to quickly assign contracts.

Your search will mainly focus on other investors flipping houses. Those who want to buy houses relatively below the market value rehabilitate and sell at profit.

Listing websites are one of the platforms you can get the right buyers. You can also check on your network of real estate investors to get a willing buyer. To market your business further, create a website and advertise there.

#4:   Assign the contract

After successfully getting the buyer, to sail on a safe boat, request for an earnest money deposit to seal the deal.  The deposit can be any amount depending on your negotiation as a wholesaler. This money will cushion you in case there is a breach of contract. The deposit is nonrefundable whether the deal closes or not.

#5:   Collect your assignment fee

The profit from selling the property comes from the stipulated assignment fee and the difference between the contract selling amount and the actual amount the buyer pays for the property.

It is a win-win situation. The property owner has quickly sold their house as per their desires. Another real estate investor has found the right property hustle free to flip and get a profit. In your case, as a wholesaler, you have happily pocketed your profits.

Bottom line

Real estate assignment of contract is a good exit strategy to get into real estate investing with minimum capital commitment. However, you must grasp the process and execute it aggressively to get constant profits.

Analyzing Fix & Flip Deals Guidebook

Download your free copy of my fix & flip analysis guide. This PDF will show you how to run numbers on a potential investment property.

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Assignment of Contract in Real Estate [And Or Assigns]

andy kolodgie

Assignment of Contract in Real Estate

Most people think that the only way to start real estate investing is to either:

  • Pay a down payment of 10-20% from your own savings and finance the rest
  • Partner with another investor and do a joint venture

Assignment of Contract in Real Estate

The common thread between the options?

A large amount of money paid upfront, coming from your own pocket.

If you don't have a large amount of cash put away, you wonder how you'd ever get your start.

Are you just doomed to watching as investment opportunities pass you by?

Of course not!

There is a third option, a legitimate way of investing in real estate without a money down: real estate assignment contracts.

With assignment contracts, you are not purchasing the property outright; instead, what you are doing is getting the exclusive right to purchase a property within a certain timeframe, an investing strategy referred to as wholesaling.

Some wholesalers choose to put up an earnest money when securing the right to buy a property from a seller, but it is not required . All you have to do is to show up with a real estate contract and an offer to purchase the property for a specified amount by a specified closing date.

However, not all real estate contracts are written the same.

For wholesaling to be a lucrative investing strategy, you have to add a special provision to the purchase agreement before presenting it to the seller: t he assignment clause .

What Is an Assignment Clause in a Real Estate Contract?

An assignment clause in a purchase and sale agreement in real estate gives the original buyer (the assigning party) the ability to "assign" or transfer the rights to purchase a property to a new buyer (the assignee).

This is done by affixing the phrase "and/or assigns" next to your name in the real estate contract.

This means that on the buyer's name, it should say: John Smith and/or assigns .

As long as the seller agrees and signs the assignment contract, then it constitutes their written consent to sell the property to someone other than you.

However, if you forget to put the assignment clause, then you cannot assign the contract to someone else.

When you assign the contract to the new buyer, all the contractual obligations are transferred also, and the end buyer gets full ownership privilege once the transaction is completed.

As there is no free lunch in this economy, you get to collect an assignment fee for your troubles.

What Is an Assignment Clause in a Real Estate Contract?

Who Will Buy the Real Estate Assignment Contract?

In today's hot real estate market , house flippers, landlords, or simply buy-and-hold investors would not pass up investment opportunities such as the chance to buy real estate for lower than the market value.

For best results, it is recommended that you sell the assignment contract to all cash buyers for the following reasons:

  • They have the necessary liquidity to be able to close quickly, sometimes in as short as a week;
  • They are not dependent on financing from banks or traditional lenders, eliminating the uncertainty that they might not move forward with the deal;
  • They will buy the property as is, with no need to negotiate for repairs or ask concessions from the seller.

Sellers who enter in assignment contracts with a wholesaler are typically motivated sellers, which means they are stuck with a problem property that is either costing them money (major structural damage) or is in danger of being lost (foreclosure or bankruptcy).

In any case, they need to sell fast , and this is where cash buyers can be really helpful.

How Does Assignment Work?

Generally, the entire process of real estate investing via assignment agreement goes as follows:

Find a Property Which Can Be Bought for Lower Than Market Price

Distressed properties, such as those on the brink of foreclosure, can be bought for a huge discount and thus, present an attractive investment opportunity.

First identify an area you're interested in, then scout homes showing visible damage or neglect. You can then get in touch with owners for a potential purchase.

Make an Offer on the Property

To make a suitable offer on one property you have your eye on, do your due diligence by running comps.

This means looking at comparables ("comps"), or recently sold properties similar to your target purchase in order to establish a basis for your offer. Browsing online listings, or simply driving around the neighborhood and asking around are a good source of information on comparables.

Make an Offer on the Property

Present the Purchase Agreement With “And or Assigns” Verbiage Built In

Once you're confident with your offer, present a purchase and sale agreement to the owner. It should contain the buyer and seller information, property details, purchase price, closing date, and other contingencies both parties agree on.

Don't forget to include the assignment clause, as if you forget that, the contract prohibits you from assigning the contract to another investor and you'll be on the hook to buy the property.

Assign the Contract to an End Buyer

After the original contract is signed, you, as the buyer, reserves the right to purchase the property up to a time stated in the contract.

You can then find another buyer to assign the contract to if you don't intend to go ahead with the purchase yourself.

Collect Your Assignment Fee Once the Real Estate Transaction Is Completed

Once the keys and the cash change hands, you are compensated with an assignment fee at the close.

Pros And Cons Of Having Successors And Assigns Clause In Real Estate Contracts

Pro #1: you have control over the transaction.

Having the phrase "and or assigns" after your name in the assignment contract template gives you the flexibility of transferring your purchase rights to another buyer for a fee.

In case you change your mind later on and decide to purchase and flip the property yourself for a higher profit, you are also free to do so.

Pro #2: You Can Put Together Real Estate Deals And Earn Without Having To Spend A Dime

Real estate wholesaling is also known as "contract flipping".

Compared to a full blown house flipping where you have to buy the property and spend for repairs and upgrades prior to selling it for a higher price, with assignment contracts you don't have to do anything to the property before you earn.

The only investment you have to make is your time and effort in finding motivated sellers.

Sometimes, you don't even have to set foot on the property nor even see it with your own eyes before you sell your buying rights to another investor!

Such is the power of a real estate assignment contract.

Pro #2: You Can Put Together Real Estate Deals And Earn Without Having To Spend A Dime

Pro #3: The Parties Involved Can Have Huge Savings On Realtor's Fees

The buyer's and seller's agent will each get 3% commission off the purchase price. For illustrative purposes, say a house sells for $300,000, realtor fees are a whopping $18,000 (6% of the purchase price).

On the other hand, a real estate wholesaler's assignment fee typically maxes out at $7,000 , making it attractive for house flippers and other investors. They get a nice investment property at a discount without breaking sweat since it's a wholesaler who found it for them.

For the owner, this means they pocket more money since they don't have to take anything off the price they have agreed to sell for.

Pro #3: The Parties Involved Can Have Huge Savings On Realtor's Fees

Pro #4: Only One Closing Cost Needs To Be Paid

After the assignment of contract to the new buyer takes place, you immediately take yourself out of the equation, and the transaction ultimately happens between the seller and the end buyer.

This means the following:

  • only one set of paperwork is to be filed;
  • only the buyer and seller's names appear in the property chain of title; and,
  • only one transaction takes place, so the closing cost only needs to be paid once.

Pro #5: The Wholesale Deal Is Completely Transparent

Honesty and transparency are the hallmarks of a good business person.

If you're a newbie venturing out into your first deal, there's no one yet to vouch for you so you're relying on your word to build your reputation.

It is better to inform the seller beforehand that you intend to transfer the purchasing rights for a profit so that they wouldn't be shocked if another person shows up at the closing table.

Pro #6: You Develop a Network of Real Estate Sellers, Buyers, and Investors

Pro #6: You Develop a Network of Real Estate Sellers, Buyers, and Investors

There is a well-known saying that goes: "Your network is your net worth."

And it is very true in this line of business. Since wholesaling is mainly facilitating the sale of investment properties between buyers and sellers , you need to have a lot of social capital, which means you need to know a lot of people.

Wholesaling real estate allows you to rapidly expand your network, opening up plenty of opportunities for you down the line.

Con #1: If One Party Backs Out Of The Deal, It Would Reflect Poorly On You

In flipping assignment contracts, what you are selling is something intangible.

As such, it is heavily dependent on the reliability of the parties at both ends of the deal to uphold the terms of the contract. If either one defaults and the sale falls through, you're the one who is going to look bad.

That's why it is important to have a buyers list ready so that you can have some wiggle room if something unexpected happens.

Or even better, have a backup financing option so you can buy the property yourself if your buyer backs out.

Con #2: Certain Real Estate Properties Are Not Eligible For Assignment Contracts

HUD homes and real estate owned (REO) properties typically have anti assignment clauses preventing them from being bought and sold through a contract assignment.

Con #3: Sellers May Think You're Taking Advantage Of Them

The assignment fee that you are set to receive from the deal is written into the contract for the involved parties to see.

This may turn buyers and sellers off: buyers might feel like they're paying for more than the property is actually worth; and sellers might feel like they missed out on some serious money while a wholesaler gets to make money in their financial distress.

Con #4: You Don't Get Owner's Rights

Although you have the exclusive right to buy the property, ultimately, what you have is just a piece of paper. You cannot touch the property, you cannot live in it, you cannot do any upgrades--the list of restrictions go on.

For distressed properties in a state of disrepair, it can be a challenge to sell it even to the most seasoned of house flippers.

Con #5: You Have to Deal With the Time Pressure Element

The contract states the closing date by which you have to find a buyer. This is due to sellers usually rushing to offload a property that's causing them problems, so they're operating on a short timeframe.

If you are just starting out and your network is still quite small, finding a buyer within a short period of time can be difficult.

Con #5: You Have to Deal With the Time Pressure Element

Frequently Asked Questions: Real Estate Assignment Contracts

Do you need a license to be a real estate wholesaler.

The only thing you need to keep in mind to keep everything above board and avoid legal trouble is that you'll have to be the buyer or the seller in the transaction.

Never sell the property in behalf of the owner --that's akin to acting as a real estate agent, and you're going to need a license for that.

This is where having the and or assigns verbiage is useful because you can definitely make money from real estate without having to purchase the property yourself.

Once you got the exclusive right to buy the property, you can transfer said contractual rights to another buyer in exchange for a small fee who will then be the one to fulfill the terms of the original contract.

What Do I Do if the Buyer Backs Out From the Contract Assignment to Purchase the Property?

Real estate wholesaling typically goes like this: you find a buyer and everything seems to be going well and they're set to close in a few days and you're about to get that assignment fee.

Unfortunately, the buyer calls you to say that they aren't going ahead with the deal.

Are you on the hook to buy the property?

The answer is yes, unless you want to breach the contract and ruin your reputation as a wholesaler.

But, as long as you did your due diligence, crunched the numbers, and found that the property is a great buy, you shouldn't be worried about losing money.

You're guaranteed to make money eventually, maybe not as fast as if it was a straight up wholesale transaction, but there's nothing to be scared of about getting "stuck" with the property in the meantime as you look for a buyer.

What is Double Closing?

When you choose the double closing method, there is an extra step to the ones outlined above : fund the real estate purchase yourself using your own cash, or through hard money loans. Although it has a higher interest rate versus traditional options, hard money loans are favored by real estate investors due to fast approvals and interest-only payment options.

In any case, with double closing, you buy the property at the price you and the seller agreed upon beforehand, and then afterward, you sell it to your end buyer .

Sometimes, double closing can even happen on the same day if you time it right!

This means, the seller and the end buyer ultimately never have to meet. They may not even be aware of the other party, so you don't have to worry about protecting your profits from the scrutiny of either party, and no one would walk away from the transaction feeling ripped off .

That's not to say wholesaling is essentially ripping off people, not at all!

You put together the deal, you connected a motivated buyer with an all cash buyer , of course you deserve just compensation for your efforts in the form of an assignment fee. Sellers walk away with the cash to start anew, and the real estate investors gain a property they intend to make money off on.

Everybody wins!

The downside to double closing versus a real estate assignment contract is having to pay the closing costs twice . This is because ownership is transferred to you, regardless of how brief it is.

And it isn't just the cost that is doubled, you also double the paperwork !

If you figure that a double close is not for you, then you're better off doing a real estate assignment contract. That way, you're able to collect your fee without paying a cent in closing costs!

Final Thoughts: Assigning Contracts In Real Estate

Now that you have perfected your real estate contract, you feel like you're ready to embark on your first wholesale deal.

The first step that you need to take is to find the right investment property. The typical criteria are as follows:

  • must be in a good location;
  • must have a good future prospect of urban development (hello, land appreciation!); and,
  • must be selling at a discount.

While it may sound like a tall order, with Property Leads , we can help you find the property you're looking for!

We are the only pay-per-lead platform that uses SEO to generate the motivated seller leads that has the highest chances of conversion. This means you need to talk to fewer sellers but you'll end up closing more, resulting in more profits for you!

If you're interested on taking your real estate investing business to the next level, sign up below and we'll quickly arrange a call with you to have high quality leads delivered straight to your inbox!

PROPERTY LEADS

30 N Gould St Ste N Sheridan, WY 82801 (207) 309-3949 [email protected]

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  • Dec 13, 2023

Understanding Assignment of Contract in Real Estate Wholesaling

Real estate wholesaling is a popular strategy for new investors who want to get their feet wet. The term "wholesaling" refers to the process of buying homes and reselling them quickly without making any significant repairs. One crucial aspect of this strategy is the assignment of contract, which allows the wholesaler to profit from the transaction without ever owning the property.

What is Assignment of Contract?

In simple terms, an assignment of contract in real estate is a legal agreement that allows the investor (or 'assignor') to transfer their rights and obligations of the property purchase contract to another party (or 'assignee'). This means that the assignee steps into the shoes of the assignor and completes the transaction with the original seller.

The assignor's primary role is to find a motivated seller, negotiate a purchase price, and then find a buyer willing to pay a higher price for the property. The difference between the contract price with the seller and the amount paid by the end buyer is the wholesaler's profit.

How Does it Work?

Here are the basic steps involved in an assignment of contract:

1. Find a Motivated Seller: The first step is to find a homeowner who wants to sell their property quickly. This could be due to various reasons such as financial distress, job relocation, divorce, or a need to liquidate assets.

2. Negotiate a Purchase Price: Once a motivated seller is identified, the wholesaler negotiates a purchase price and signs a purchase agreement with the seller. This agreement includes an "assignment clause" which gives the wholesaler the right to assign the contract to another buyer.

3. Find an End Buyer: The wholesaler then finds an end buyer who is willing to buy the property at a higher price. This could be a rehabber looking for a fix-and-flip opportunity, or a landlord seeking rental properties.

4. Assign the Contract: The wholesaler then executes an assignment agreement with the end buyer, transferring all rights and obligations of the original contract to them. The assignee pays an assignment fee to the wholesaler, which is typically the difference between the original purchase price and the price the end buyer agrees to pay.

5. Close the Deal: Finally, the deal is closed with the help of a title company or attorney. The original seller receives the agreed-upon price from the original contract, the end buyer gets the property, and the wholesaler walks away with the assignment fee.

How to Fill Out an Assignment of Contract

Download the Assignment of Contract for Free

REIPro is a comprehensive tool for real estate investors that not only provides essential contracts like the Assignment of Contract but also includes detailed training videos. With REIPro's Contract Writer, users can easily fill in the blanks to customize their documents and then download, print, or email them as needed. This platform makes it simpler for investors to understand and implement complex strategies such as contract assignments in real estate wholesaling. Click here to access the Assignment of Contract.

Legalities and Ethics

While the assignment of contract is a legitimate real estate strategy, it's not without controversy. Some people view wholesalers as middlemen who profit without adding value. However, ethical wholesalers can provide a valuable service by connecting motivated sellers with investors.

It's also important to note that the legality of contract assignment can vary by state. In some jurisdictions, you may need a real estate license to wholesale properties. Therefore, it's crucial to understand your local laws and regulations before getting started.

In conclusion, assignment of contract is a powerful tool in real estate wholesaling. It allows investors to profit from real estate transactions without needing to buy, own, or repair properties. As with any investment strategy, education and due diligence are vital to success.

Remember, the goal is to create win-win situations for all parties involved: a quick sale for the distressed seller, a good deal for the end buyer, and a fair profit for the wholesaler. 

  • Wholesaling

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What is an Assignment Contract in Wholesale Real Estate?

David Lecko

The most successful real estate investors are ones who market to and work directly with homeowners to buy property. When investors talk directly to sellers, they have several options for closing lucrative real estate deals. For real estate investors who don’t have a lot of time or money to invest in any single property, wholesaling is an attractive option.

Wholesaling real estate is a great way to get into real estate investing, and it’s a strategy that allows you to invest without putting down any upfront capital of your own. 

But how? 

In real estate wholesaling, a wholesaler contracts an off-market home with a seller, then finds an interested third-party buyer to purchase the contract at a higher price. The wholesaler then keeps the difference as profit. This process of selling a contract before the wholesaler purchases the property themselves is called an assignment of contract . 

What is an assignment of contract? 

An assignment of contract is a transfer of contractual obligations from one party to another. In real estate, an investor makes a deal with a property owner, and then sells the contract to a third party before the home closes. The investor collects an assignment fee for finding the deal. 

You may have dealt with situations that are similar to an assignment of contract. For example, if the mortgage on your home has ever transferred from one company to another, you’ve been privy to an assignment of mortgage, where your original mortgage company has transferred their contractual obligations to a new company. 

Do I need to put down any of my own money using an assignment of contract? 

No! The benefit to wholesaling with an assignment of contract in real estate is that you don’t need to use any of your own money in order to profit from a real estate transaction. Minimal costs to wholesalers include building a quality list of leads (often distressed properties) through driving for dollars, and sending mail to those leads. 

What is the difference between assignment of contract and double closing? 

Unlike an assignment of contract in real estate, double-closing involves two separate transactions with the seller and buyer. In double closing, a wholesaler purchases a home in their name, and then sells the property within 30 days without making any updates to the home. The benefit of double closing is that a wholesaler can keep their own profit undisclosed to both the seller and the buyer. The downside is that the investor has to put up their own money in order to close the first part of this real estate deal.

How do I find someone to buy my contract?

Finding buyers to purchase your real estate contracts may seem daunting, but there are lots of investors and entrepreneurs who are looking for their next deal. A great way to start building a buyers list is to go to local REI meet-ups and exchange business cards with investors who are actively making deals. You can also post on social media to get the word out about your business. As you’re out driving for dollars, keep an eye out for signs that say “For Rent.” You may be able to connect with those owners to see if they’re interested in growing their rental portfolio.  

Is an assignment of contract in real estate legal? 

Yes - but it’s important to research and keep an eye on the wholesaling regulations in your state. In Illinois, for example, non-licensed investors are allowed to wholesale one real estate deal every 12 months. Investors in Illinois who want to do more wholesaling deals than one per year need to obtain a license. In Oklahoma, real estate investors are required to obtain a license in order to sell an assignment of contract and must abide by all state real estate laws. Be sure to review the laws in your state and keep up to date on local real estate investing news in your area. 

Can I make money wholesaling?

Yes! Just take a look at a few DealMachine customer success stories. Real estate investor Ramin Qudus made $50,000 on a wholesaling deal during his 7-day trial with DealMachine. Rita Grimes talked with our Director of Community Experience, Elise Knaack, about how she was able to make $178,000 in the first half of 2021 through wholesaling and driving for dollars. Just one week after Ashley and Anthony Warren started marking to their D4D leads, they had their first deal under contract for $62,000. 

About David Lecko

David Lecko is the CEO of DealMachine. DealMachine helps real estate investors get more deals for less money with software for lead generation, lead filtering and targeting, marketing and outreach, and acquisitions and dispositions.

IMAGES

  1. Free Assignment Of Contract Form

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  2. Real Estate Assignment of Contract Explained

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  3. Assignment of Contract to buy real estate

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  4. Assignment of Real Estate Contract

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  5. Assignment of Contract for Purchase of Real Estate

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  6. Free Purchase Contract Assignment Form

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VIDEO

  1. MEETING WITH POTENTIAL CASH BUYER... WHOLESALING REAL ESTATE.. ASSIGNMENT OF CONTRACT

  2. How to read a Real Estate Buy and Sale Contract

  3. [Việt] [Real Estate Principles Test] [Chapter 9: Contract Law] Q.391

  4. Understanding Wholesaling: Assignment vs. Double Close

  5. What to do in Mortgage Situations?..... #shorts #wholesale #business #realestate

  6. Maximizing Profits: Assignment vs. Double Close in Real Estate Wholesaling

COMMENTS

  1. Assignment of Contract In Real Estate Made Simple

    A real estate assignment contract is a wholesale strategy used by real estate investors to facilitate the sale of a property between an owner and an end buyer. As its name suggests, contract assignment strategies will witness a subject property owner sign a contract with an investor that gives them the rights to buy the home.

  2. Real Estate Assignment Contract: What Investors Need to Know

    Real Estate Assignment Contract: What Investors Need to Know. Learn what a real estate assignment contract is, how to use it, and what the benefits are. Discover how you can leverage assignment contracts to make a profit.

  3. What Is An Assignment Of Contract In Real Estate?

    An assignment of contract is when one party (the "assignor") has a contract to which they have certain obligations, and transfers those contractual rights to another party (known as the "assignee"). In real estate, assigning contracts is an effective strategy to achieve an extremely high return on investment (ROI) for as little capital ...

  4. Assignment of Contract

    Assignment contracts should clearly spell out the assignment fee and how it will be paid. An assignment fee in real estate replaces the broker or Realtor fee in a typical transaction as the assignor or investor is bringing together the seller and end buyer. The standard real estate assignment fee is $5,000.

  5. A Guide to Assignment of Contract in Real Estate

    An assignment of contract involves transferring a real estate contract from an original party (also known as the real estate wholesaler or assignor) to a new party (also known as the assignee). It is also referred to as an "Assignment of Real Estate Purchase and Sale" agreement. This real estate transaction relinquishes all rights ...

  6. Real Estate Assignment of Contract Explained

    The real estate assignment of contract is a strategic act that offers several benefits to buyers and sellers. The assignment of contract has gained prominence as a valuable tool in real estate transactions. It presents a great alternative to traditional buying and selling approaches. It opens doors to lucrative opportunities and flexible real ...

  7. What Is an Assignment of Contract? [How It Works In Real Estate]

    Yes, an assignment contract is generally considered legal in real estate transactions. It is a common practice, especially in real estate investing and wholesaling. However, the legality can depend on several factors, including the terms of the original contract and the laws in a particular area.. Some contracts may disallow assignment through a clause that "prohibits the assignment of the ...

  8. Understanding Contract Assignments in Real Estate Investing

    In the context of real estate investing, a contract assignment typically involves an investor who has signed a purchase agreement with a seller, and then assigns that agreement to another investor or buyer. How do Contract Assignments Work? Let's say you're a real estate investor who has found a great deal on a property.

  9. Assignment of Contract in Real Estate Investing

    An assignment of contract is a legal agreement that allows an investor (the assignor) to transfer their rights and obligations under a real estate contract to another party (the assignee). This means that the assignor can effectively sell their position in the contract to the assignee, who then steps into the assignor's shoes and assumes all ...

  10. Assignment Contract Basics for the Real Estate Investor

    Using real estate assignment contracts can be your ticket to real estate investing profits with little of your own money at risk if you get these two things in line and operating for you. Many real estate investors, both new and experienced, have made a lot of money using assignment contracts. Here are the basics you need to know.

  11. Real Estate Assignment of Contract: What Investors & Wholesalers Need

    The process of assigning a real estate contract. As much as real estate contract assignment is profitable, the process to make it flawlessly can't be underestimated. The following are steps you should follow to have a timely and valuable contract assignment. #1: Find the right property. In wholesale real estate investing you don't just look ...

  12. Assignment of Contract in Real Estate [And Or Assigns]

    There is a third option, a legitimate way of investing in real estate without a money down: real estate assignment contracts. With assignment contracts, you are not purchasing the property outright; instead, what you are doing is getting the exclusive right to purchase a property within a certain timeframe, an investing strategy referred to as ...

  13. What is Assignment Contracts in Real Estate?

    Assignment contracts serve as a tool for real estate investors to transfer their contractual rights and obligations under an existing real estate deal to another party. Unlike direct property transactions, these contracts don't involve the physical transfer of real estate but rather the rights associated with a property purchase agreement.

  14. Assignment of Contract Real Estate (What it is and What it's Not

    Assignment of Contract Real Estate // In this video, we talk about what an assignment contract actually is and what it's not. It is also known as a wholesale...

  15. Understanding Assignment of Contract in Real Estate Wholesaling

    4. Assign the Contract: The wholesaler then executes an assignment agreement with the end buyer, transferring all rights and obligations of the original contract to them. The assignee pays an assignment fee to the wholesaler, which is typically the difference between the original purchase price and the price the end buyer agrees to pay. 5.

  16. What is an Assignment Contract in Wholesale Real Estate?

    An assignment of contract is a transfer of contractual obligations from one party to another. In real estate, an investor makes a deal with a property owner, and then sells the contract to a third party before the home closes. The investor collects an assignment fee for finding the deal. You may have dealt with situations that are similar to an ...

  17. Assignment of Real Estate Contract

    Some investors believe that by using an Assignment of Contract that they are then actually selling the Assignment of Real Estate Contract for the property and not the property itself. However, the concept is the same, the original contract from the seller to the investor allows for an equitable interest in the property which can be assigned or ...

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    Find company research, competitor information, contact details & financial data for VYMPEL-INVEST, OOO of Elektrostal, Moscow region. Get the latest business insights from Dun & Bradstreet. D&B Business Directory HOME / BUSINESS DIRECTORY / REAL ... See other industries within the Real Estate and Rental and Leasing sector: ...

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    Find company research, competitor information, contact details & financial data for SOYUZ, OOO of Elektrostal, Moscow region. Get the latest business insights from Dun & Bradstreet.

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    Lessors of Real Estate Residential Building Construction Utility System Construction Building Equipment Contractors Printer Friendly View Address: d. 010 pom. 29, prospekt Lenina Elektrostal, Moscow region, 144006 Russian Federation

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    Industry: Other Food Manufacturing , General Freight Trucking , Other Support Activities for Transportation , Grocery and Related Product Merchant Wholesalers , Restaurants and Other Eating Places See All Industries, Offices of Real Estate Agents and Brokers , Roasted coffee, Trucking, except local, Transportation services, nec, Coffee and tea ...