Purchase And Sale Agreement Wholesaling for the United States

Purchase And Sale Agreement Wholesaling Template for United States

A Purchase and Sale Agreement for Wholesaling is a legal document used in the United States real estate market that establishes the terms and conditions for purchasing property with the intent to assign the contract to another buyer. This agreement includes specific provisions for assignment rights, due diligence periods, and the structure of assignment fees. It complies with federal and state-specific real estate laws, including disclosure requirements and assignment regulations.

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What is a Purchase And Sale Agreement Wholesaling?

The Purchase And Sale Agreement Wholesaling is essential for real estate investors and wholesalers operating in the United States who aim to contract for property purchase with the intention of assigning their rights to an end buyer. This document is crucial when the wholesaler acts as an intermediary between the original seller and the ultimate buyer, typically seeking to profit from the assignment fee. The agreement must comply with state-specific real estate laws and federal regulations, including RESPA and TILA requirements. It contains detailed provisions for property inspection, assignment rights, contingencies, and closing requirements, while protecting all parties' interests in the transaction.

What sections should be included in a Purchase And Sale Agreement Wholesaling?

1. Parties: Identification of buyer, seller, and wholesaler with complete legal names and addresses

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement including Property, Purchase Price, Assignment Fee, Closing Date

4. Purchase Price and Payment Terms: Details of purchase price, earnest money, and payment schedule

5. Assignment Rights: Terms and conditions of assignment, including assignment fee structure

6. Due Diligence Period: Timeframe and terms for property inspection and investigation

7. Closing and Transfer of Title: Closing date, location, and requirements for title transfer

8. Representations and Warranties: Statements of fact by both parties regarding the property and transaction

9. Default and Remedies: Consequences of default and available remedies for both parties

What sections are optional to include in a Purchase And Sale Agreement Wholesaling?

1. Financing Contingency: Optional section to be included when buyer requires financing to complete purchase

2. Property Management: Optional section covering terms for managing property between contract and closing when there's a significant gap

3. Tenant Rights: Optional section addressing provisions regarding existing tenants when property is currently occupied

4. Environmental Matters: Optional section covering environmental investigation and liability provisions when property may have environmental concerns

What schedules should be included in a Purchase And Sale Agreement Wholesaling?

1. Schedule A - Property Description: Detailed legal description of the property

2. Schedule B - Due Diligence Checklist: List of required inspections and investigations

3. Schedule C - Title Requirements: Specific requirements for acceptable title

4. Schedule D - Disclosure Forms: State-required property disclosure forms

5. Schedule E - Assignment Agreement Form: Template for executing assignment to end buyer

6. Schedule F - Property Inspection Report: Results of property inspection if already completed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Federal Laws: Key federal legislation including Interstate Commerce Laws, Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Housing Act, and Uniform Commercial Code (UCC)

State-Specific Laws: Includes state real estate laws, contract laws, licensing requirements for wholesalers, disclosure requirements, and consumer protection laws

Local Laws: Municipal and county-level regulations including local zoning ordinances and specific requirements for real estate transactions

Assignment Clause Requirements: Legal requirements for clearly stating assignment rights, terms, conditions, and any restrictions on contract assignment in wholesaling

Disclosure Requirements: Legal obligations regarding disclosure of material defects, property condition, wholesaler's role, and profit disclosure as required by applicable laws

Due Diligence Requirements: Legal framework for inspection periods, title search requirements, and property access rights during the wholesaling process

Financial Terms Requirements: Legal considerations for earnest money, purchase price structuring, assignment fee structure, and payment terms in wholesaling agreements

Contingency Requirements: Legal framework for financing, inspection, and title contingencies that must be included in the agreement

Timing Elements: Legal requirements for closing deadlines, due diligence periods, and notice requirements in wholesaling agreements

Risk Management Provisions: Legal requirements for representations, warranties, liability limitations, default provisions, and remedy clauses in wholesaling agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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