Here are the key elements to include in your wholesale contract template: Parties Involved: Names of the seller(s) and buyer(s), along with their signatures. Legal Description: Property description, street address, assessor parcel number (APN), and type of property.
The wholesaler contracts with the seller and structures the deal as a middleman. The buyer is buying the contract and, ultimately, the property.
For example, a wholesaler finds a motivated homeowner and gets a distressed property under contract for $200,000. Then, they market the property to their buyers list. A flipper sees potential and agrees to buy the home for $210,000.
A contract has to be understandable for all parties and it should not be necessary to contact a lawyer in order to comprehend one's contracts. Generally, the contract should be precise, clear and stringent. Law has traditionally been associated with legalese - a very stiff and formal style.
A wholesaler comes into the situation with an offer for the homeowner – to put the house under contract for $120,000. The wholesaler uses their network to find a potential investor to buy the home for $150,000. The investor takes on this contract as a profitable renovation project.
Legally, a seller's best bet for successfully backing out of a sale is if a contingency written into the contract has not been met. Home sellers can give themselves an “out” by adding contingencies to the contract that make the sale contingent upon certain conditions.