Structuring An Assigned Contract

I have a deal i am working on, and already have a buyer and we are in

agreement on everything........the only problem is we cant agree on how

i can claim my fee.....well my buyer and I agree but my lawyer tells me

otherwise, but he offers me no solution how to structure the contract.

Now, i am selling a commercial peice of real estate, and in order to

claim my fee, i am actaully named directly in the contract as an

independent contractor and we wrote in my fee. Basically i am named in

the contract as a third party, and my fee is fully disclosed, but from

what my lawyer says i cant do this because even though i am not legally

a realtor, i am acting like one, and because i am not licenced, i can

not do this. I do not know if this is true, or if it is, if it only

pertains to residential real estate and does not apply to this deal

since it is a commercial piece. Anyone have any experience with

something like this?

Comments(2)

  • iavalos7th March, 2007

    Have not done one of these, but everywhere I have looked indicates that as long as the contract inidicates in the "Buyers Name" the wording "and/or assigns"
    i.e. Buyer: Jane Smith and/or assigns... I thought this was sufficient to go and quick-flip the property to another buyer/investor?... Knowing a Title Company that can handle double closings should be able to do this with no problem...

  • springman8th March, 2007

    I say Buyer SHOW ME THE MONEY

    Charles E.

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