The Wholesale Real Estate Purchase Agreement is essential in scenarios where investors seek to facilitate property transactions without taking title to the property. This document is commonly used in the United States real estate market when a wholesaler identifies distressed or undervalued properties and connects them with potential end buyers. The agreement must comply with both federal regulations and state-specific real estate laws, including disclosure requirements and assignment provisions. It typically includes detailed terms for property inspection, due diligence periods, earnest money requirements, and specific assignment rights.
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1. Parties: Identification of seller, wholesaler, and assignment rights holder
2. Background: Context of the transaction and wholesaling arrangement
3. Definitions: Key terms including assignment, earnest money, closing date, and other relevant definitions
4. Purchase Price and Payment Terms: Details of the purchase price, payment schedule, and earnest money requirements
5. Assignment Rights and Conditions: Detailed terms and conditions for assignment of contract, including assignment fee provisions
6. Due Diligence Period: Timeline and terms for property inspection, document review, and due diligence activities
7. Representations and Warranties: Statements of fact and guarantees from both parties regarding the property and transaction
8. Closing and Settlement: Timeline, requirements, and procedures for closing the transaction
9. Default and Remedies: Consequences and remedies in case of default by either party
10. Governing Law: Applicable state law and jurisdiction governing the agreement
1. Financing Contingency: Terms and conditions if buyer requires financing to complete the purchase
2. Property Maintenance: Terms regarding maintenance and condition of property during contract period
3. Multiple Assignment Rights: Provisions for allowing multiple assignments or chain of assignments
4. Environmental Conditions: Special provisions regarding environmental inspections and remediation requirements
5. Tenant Rights: Provisions dealing with existing tenants or lease agreements
1. Schedule A - Property Description: Detailed legal description of the property and included fixtures
2. Schedule B - Due Diligence Checklist: Comprehensive list of required inspections and verifications
3. Schedule C - Disclosure Forms: Required state and federal property disclosure forms
4. Schedule D - Assignment Form: Standard template for executing contract assignment
5. Schedule E - Title Requirements: Specific requirements for acceptable title condition
Relevant legal definitions
Clauses
Assignment Rights
Purchase Price and Payment
Due Diligence
Property Inspection
Earnest Money
Closing and Settlement
Title and Survey
Representations and Warranties
Default and Remedies
Property Condition
Contingencies
Risk of Loss
Property Access
Broker Relationships
Notices
Governing Law
Severability
Time of Essence
Force Majeure
Entire Agreement
Purchase Price and Payment
Due Diligence
Property Inspection
Earnest Money
Closing and Settlement
Title and Survey
Representations and Warranties
Default and Remedies
Property Condition
Contingencies
Risk of Loss
Property Access
Broker Relationships
Notices
Governing Law
Severability
Time of Essence
Force Majeure
Entire Agreement
Relevant Industries
Relevant Teams
Relevant Roles
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