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Public. Make Private
Hey Moguls – it’s Jason Lucchesi back with you again. I have a question for you…
Have you ever been concerned that once you’ve hooked a deal, it might get snatched right out from under you? I seem to get asked that a lot – my students want to know: How can I protect the deal that I have under contract?
Here’s an example of the ‘theft’ might happen…
Let’s say you want your buyer to go take a look at the property. While they’re scoping out the property, they talk to the seller – and at that point they try to circumvent the deal and take it away from you.
Obviously, there’s an integrity issue with the buyer and the seller. And also, it’s something you never see coming. You’re blindsided. There are people out there who do shady things. They’re looking for a quick buck and are not concerned about the relationship they just destroyed or the fallout.
Those types of people are unaware of how small and how close-knit the real estate investing community actually is. Word travels fast… one bad move like this and no one will want to work with the person who pulls such a trick.
Here’s what it comes down to…
We need to talk about the importance of paperwork in this lesson, because having the right contracts and documents will offer you some protection.
Personally, I seldom, if ever, use assignment contracts. I use purchase agreements and I do a lot of virtual wholesaling. I have a separate purchase and sales agreement with my seller, and for the second transaction, I have a separate purchase and sales agreement with the buyer.
I don’t use fancy forms. I use my state-approved purchase and sales agreement. It keeps the transparency wide open. The documents have already been approved by state attorneys. (BTW - recently in another lesson, I talked about state-approved documents in more detail. Go check that out here.)
I strongly encourage you to have an attorney look over all documents you use including addendums.
Okay, let’s say I have a fully executed contract with my buyer, and I also have a fully executed contract with my seller. I am out of state, and I am set to make $10k net profit on this deal.
The buyer wants to do an inspection or just a walk-through, and that has to be arranged through the seller. If you’ve never done business with this buyer, that person could say something to the seller and begin to undermine your deal.
Before you allow the buyer to go to the property, it would be wise to have them sign a non-circumvent, non-disclosure agreement.
However, from what I’ve been told by my attorney, these agreements won’t really hold up in court. Sad but true. It is a document signed by you and the buyer and seems to me that it should hold up in court, but it’s just your word against theirs.
If you have a really strong deal, and if you’re going to make several thousand on that deal, it would be best to protect yourself. This is what I do in cases where I’m working with a buyer who is new to me – we have no history of working together.
When I’m with the seller, and we’re signing our agreements, in the option contract it states that I have the capabilities of marketing the property for sale, or for rent, or lease or whatever...
This is what I want when I’m doing an A-B and a B-C transaction.
The option contract places a lien on the property, which means there will now be an attachment on the deed. (The title is now clouded.) If the buyer does try to circumvent the deal, and the seller and buyer try to close, they will be unable to do so unless they pay me off.
This is where the option comes into play. That option was signed by me and the seller, and the contract is recorded. This means I have the first option to purchase that property. If they want my option taken off the title, they’ll have to pay my option.
They send over their offer and whether or not you accept depends on how much you’re looking to make. If in your original agreement you were going to make $10k, then make them pay $10k.
The option contract is a great strategy because it does cloud the title. You can stipulate a length of time on the contract – I’ve had them good for up to a year. It all depends on how you word the contract.
When I first got started in investing, I didn’t have this information. And I had deals stolen from me a couple of times. Until I learned how to protect myself – with the right paperwork.
Check out the state-approved options contract in your state. And always make sure you have your own legal counsel to review it and advise you.
If you’ve had your own experiences with a less-than-honest buyer in your business, leave your comments below. How did you handle it? And did this lesson help?
Take action to protect your deals
Be aware when working with a new buyer with whom you do not yet have a trust level
Check out the state-approved contracts in your own state
Always use your own legal counsel for the final say on all your legal documents
Is there a topic you'd like to learn more about? Request a Lesson
Jason Lucchesi is the co-founder of real estate and marketing company Global Fortune Solutions, LLC. Jason has been in the real estate industry since 2002, where he began his career as a Loan Officer. His career flourished in the mortgage business when he accepted an Account Executive position with Countrywide in 2004. Within his first six months, he had achieved the #1 Account Executive in the Midwest territory. In January of 2006. During this time, Jason began investing part-time in multi-family rental properties while also becoming involved in wholesaling. By 2006, Jason was transferred to the Indianapolis area to save a struggling branch. He quickly took the branch out of the red into the green while also beginning to purchase distressed residential properties part-time. In 2007, Jason began pursuing his ultimate dream of becoming a full-time real estate investor and began investing in REOs in 2008. Since then, Jason has been involved with many aspects of real estate including short sales, tax sales/deeds purchasing, purchasing homes in distress, wholesaling, and many other avenues. Jason has been married to his wonderful wife Jamie since 2007, and they are proud parents to their sons Brady and Gavin.
Module: Investing Strategies
Expert: Jason Lucchesi
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Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
This document describes Real Freedom Inc's Purchase Agreement. When you
complete a purchase from Real Freedom Inc, you agree to the terms of the
Purchase Agreement. Please read this document carefully.
This agreement is a contract. Under the terms of the contract, you receive
certain rights due to you from Real Freedom Inc, and you, in turn, give us
certain rights that affect you. This contract also contains provisions that
delineate and restrict your rights about refunds and warranties and that limit
Real Freedom Inc's liability.
Real Freedom Inc reserves the right to not conduct business with you if you do
not agree to the terms set forth in the Purchase Agreement.
Your agreement with the contents of this Purchase agreement is a material part
of the legal consideration that Real Freedom Inc requires as a condition of
Parties to this Purchase Agreement and Disclaimer
The parties to this agreement are RealEstateMogul.com and Real Freedom, Inc,
hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER".
Persons or entities who are not participants in this contract but who have an
indirect relationship, such as a supplier, joint venture partner, membership
organization, or sales affiliate, are herein described as "THIRD PARTY OR
THIRD PARTIES." The recipient of the product herein sold, where said product
is ordered by and paid for by someone other than the recipient, is classified
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Subject Matter of this Purchase Agreement
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email referencing this website, and said website and/or email and its contents
are incorporated herein by reference and made a part hereof and constitute a
complete description of the product, service or membership that is the subject
matter of this Purchase Agreement. This bundle of offerings, including
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elements offered in the sale, whether digital, dimensional, or other license
or right, and include all sales or promotional materials.
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or annually recurring fee. Please see the payment terms on this order page.
Purchasers will be called and offered additional trainings. By purchasing you
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If within thirty days, Buyer is not satisfied with the quality of Seller's
services, Buyer may contact Seller by email at
[email protected] to resolve the conflict and/or seek a refund. After thirty days, cancellation
of the monthly membership is available at anytime by emailing
[email protected] thirty days prior to the next billing date. Buyer may only use and return
Product one time. Please note that Buyer may not return for refund Product due
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information related to such fraud.
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bank fees, or if he causes a fraudulent dispute claim that results in a
chargeback against the Seller's account, that the Seller is authorized to
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the information, content, materials, products or services included on or made
available through RealFreedomInc.com is free of viruses, worms, or any other
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including but not limited to the use of the product personally or in business,
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and this Buyer unless modifications are made in writing signed by both
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are enforceable shall control. Additionally, Buyer and Seller agree that, if
any provision is found to be invalid or unenforceable, the arbitrating panel
will construe such provision to the maximum extent that it might be found to
be valid or enforceable.
Waiver of Breach
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be construed as a modification or an amendment to this agreement or constitute
a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
Real Freedom, Inc.
PO Box 48617
Tampa, FL 33646
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membership Buyer attests to have fully read, understood, and accepted the
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said affirmative digital acceptance shall be deemed to be the same as if you
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2022 Real Freedom, Inc.
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5023 W. 120th Ave, #102
Broomfield, CO 80020
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Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
FROM PRESTON ELY - MY PERSONAL DISCLAIMER TO YOU
Hi - we do everything in our power to run a good, clean business and help people succeed.
We've been in business for nearly a decade. Our mission is simple: help 1,000,000 people live lives of greater freedom. That's what gives us juice and passion.
Unfortunately, there are people and companies who do bad things and make products that don't work at all or don't work as advertised. That behavior hurts everyone.
The bottom line is there is no such thing as magic. There is no magic unicorn that will appear on your doorstep and start pooping gold bars or giving you free money.
Just because people in this program have made lots of money doesn't mean or imply the same will happen to you. In business, and in life, there are no guarantees.
Any one of the people who we happen to feature in this program have a BIG WHY - they want to make a difference and help themselves, their families, their employees and customers succeed. They want more and they apply themselves, they get outside of their comfort zones, acquire new skills, work like crazy, make mistakes, and fail, BUT THEY DON'T GIVE UP.
They implement. They don't quit. They serve. They didn't blame someone or something else for their mistakes or failures - instead, they do the HARD WORK that it takes to make a difference.
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If you're the type of person that isn't willing to roll up your sleeves, learn, explore, grow and focus on helping other people succeed, our programs aren't for you.
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It would be both mine and my team's pleasure and honor to serve and support you so you can EARN MORE, LIVE MORE and GIVE MORE.
Preston Ely, CEO
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