Assignment of Contract Versus Double Closings

You have found a great deal and you are ready to wholesale it, but how does your buyer actually close with your seller?

Well, there are two ways to do it: assignment or double closing. In this article, I will discuss each one.

First, let's look at how an assignment might work. You find the deal and put it under contract to purchase it from your seller. In the purchase contract, you negotiate the right to assign your contract. Then, once you find your investor buyer, you fill out an assignment of contract form and help facilitate the closing of the deal with your seller and your buyer. Often, but not always, you are paid an assignment fee at the closing. Sometimes it's classified as a fee to clear title.

Some of the advantages of this are that you are not actually closing on the property yourself when you assign it. You do not need to get a loan or have the cash to purchase the property. Also, if your seller and your buyer agree and cooperate it can be a very smooth transaction. Since you are not closing on the property yourself, you can save yourself some transaction fees. And, another big benefit is that you never appear on title or public records as having owned the property.

What are some of the disadvantages? In many cases, the buyer and seller each know how much you made wholesaling the deal. For some people this can be an issue, especially if the amount you are making as a wholesale fee is considered large. Of course, you can try to work with your title company to have separate HUD statements. Some may do this while others will not.

Now, let's look at how a double closing might work. In this case, you do the same thing as in the first example except that instead of assigning the contract to your buyer you get a contract to purchase from your buyer that is contingent upon you having clear title to sell the property to them (in other words, provided that you can first close on the deal yourself). Then you go ahead and purchase the property and usually later that same day, you sell the property to your investor buyer. The mechanics of how this exactly works can vary quite a bit, particularly in the specifics of how the funding works. Some people try to do it with the funds from your buyer. Some insist that it must be funded with your own cash or loan and then you can get that all back hours later when you sell it to your buyer.

Any way you look at it, there are extra expenses doing it this way and you, or the entity you are using, appears on title. So, why would you want to consider doing it this way? Sometimes, it is the only way to get paid. If the buyer has restrictions from their lender on paying assignment fees or fees to clear title, you may need to do a double closing to make the deal work. Another very common reason is that you don't want the seller or buyer to know that you are making a very large wholesale fee on the deal.

In general, if possible, I much prefer assigning contracts over double closings, but there are occasions when a double closing makes sense and should be used. Of course, you may want to check with your legal adviser to discuss issues particular to your situation and your local real estate laws.

James Orr is a professional real estate investor, marketing expert and founder of the LearnToBeRich.com on-line investment game.

He works with a network of real estate agents, brokers and real estate investors across the United States through the AnalyzedDeals.com website.

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