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So, I ended up getting that deal sold that I talked about in my last last post, although it was a huge pain in the ass, and I’m only making 2k on it.
None of my buyers who I thought would be interested in the deal, were interested , and after marketing for several days and not getting any positive feedback, I finally decided to just dump it.
Like I mentioned in my last post, these piece of crap houses can sometimes be hard to sell, even if they are dirt cheap, and especially if they are frame and have only 2 bedrooms. The house I have under contract is frame with only 2 bedrooms, plus the 2nd bedroom is really more of a glorified closet, so it’s essentially a 1 bedroom house. Which is kinda hard to move.
When I made the offer on this, I put a 7 day closing in the contract figuring that the bank would send their addenda back with a closing date several weeks out, like they usually do. It turns out that the seller is a private lender with just a few properties to sell, and doesn’t need twelve years to close like most of the big banks do. So, what I’m trying to say is, I didn’t really have a whole lot of time to find an end buyer. The seller is ready to close Monday.
The guy I’m selling it to is a wholesaler/investor who does quite a bit of business, and is one of the buyers I had in mind when I said in my last post that I could probably just dump it for a few grand if I wasn’t able to find another buyer.
The seller wouldn’t agree to close at my title company, but since this was just a regular assignment deal (or so I thought), I figured it would be fine to close somewhere else- I mean what kind of title company doesn’t know what an assignment is?
I’m sure you can probably see where this is going…
So, I went by the seller’s title company Wednesday morning to drop off my EMD and also to let them know that I’d be sending over an assignment contract later in the day as soon as I got it back from my buyer.
You should have seen the look on the lady’s face when I told her I was assigning the contract. She pulled her glasses down on her nose and did one of these…(seriously, she did)
I totally knew what was coming before she even opened her mouth…
She proceeded to tell me that it’s not legal to do an assignment, because you can’t change the terms of the contract without the seller’s consent. I then tried to explain to her what an assignment agreement was and that I was not changing the terms of the original contract, but rather assigning my rights in the contract for a 2k fee. Needless to say, I didn’t get very far with my explanation before she cut me off, shut the little window divider thingy in my face (seriously), and told me she’d have to check with the attorney and see what he had to say about it.
Awesome!
So, she came back a few minutes later and explained to me that yes, I could assign the contract, but I couldn’t assign it for a fee, because that would be changing the terms of the initial contract. Which is illegal.
??
Are you effing kidding me, lady?
At this point, as much as I wanted to sit there and argue with her (and also smack that condescending look off her face), I knew that it was going to be a complete waste of my time and energy to do so, so I just told her I’d be back later once I talked to my end buyer to see what he wanted to do.
My end buyer, thankfully, is as cool as the other side of my pillow and agreed that there was no sense in trying to argue with the morons over at the Law Offices of We Just Make Shit Up As We Go.
So, we wrote up a new assignment contract that says I’m assigning the deal to him for $0, and he’s going to pay me a consulting fee of 2k once the deal closes. There are several other ways we could have structured it, but most of them would involve a second closing, and since my assignment fee is only 2k, a good portion of that would get eaten up in closing costs. Plus, doing a double closing would mean extra money for the seller’s title company, which would kinda be like rewarding them for being stupid…… “Hi, you’re a dumbass- congratulations, here’s $500!”
I don’t think so.
So anyway, that’s the story. The title is clear and we’re closing on Monday, which is good. There was also some other drama that went on with this deal, but unfortunately I can’t talk about it in public for reasons I can’t talk about in public. I know that’s totally lame, but that’s all I can say about the situation at this point.
In other non-real estate related news, I’ve decided to chop all my hair off again, which I’m doing tomorrow, and am very excited about. (Sorry Mom).
Here’s the picture I’m taking in with me….

I likey.
Alright, then. That’s all I’ve got for today. I’ve got offers to make and miles to run…
Later Alligators!
P.S.
Is dumbass one word or two? I asked on Facebook, but we seem to have a split jury.
P.P.S.
Thanks to all of you who are participating in the 30 Day Challenge with me! Let’s knock ‘em dead this month guys!


On August 06, 2010 at 11:02am, Karen said...
Hi Steph!
Oh man, what a hassle!!! I’ve actually been working on a “traditional” transaction where I am the buyer’s agent, and even with that, the listing agent, who claims to be very experienced, just doesn’t seem to use logic as a guiding force. So it’s not just wholesaling, it’s everywhere!!
LOVE the hairdo you picked out. I hope you post pics!!!
On August 06, 2010 at 11:23am, Stephani said...
Hey Karen,
I totally forgot that you got your license. Is it a financed deal that you are working on, or cash? I always cringe when I think about working with buyers who are getting loans. Maybe it’s not that bad, but it’s a big enough hassle to deal with cash buyers and I can’t imagine throwing a loan (plus a mortgage broker) into the mix.
Glad you like the do! I’m actually taking a huge risk getting it cut this weekend with a lady who I’ve never gone to before. I’ll post some pics as long as I don’t end up looking like an idiot!
On August 06, 2010 at 11:34am, Karen said...
No, it’s a cash deal. It actually started out as a wholesale deal but I couldn’t find any wholesale properties that fit his criteria (2/1 block in a nice neighborhood, under $60K), so I went out to the MLS and found something for him. Yeah, I hear you on having to deal with financing too!
If you end up not liking your hairstylist, I highly recommend Level 2 Salon in Hyde Park. Martha is the owner and is absolutely fantastic!!
On August 06, 2010 at 11:47am, Stephani said...
Well that’s cool that you’re gonna make some $$ from the deal. Even better if he wants to buy more…
As far as the hairstylist goes, I’ve actually been going to the same girl for like 10 yrs, but she’s out of town until the end of the month, and I want to get it cut before I go out of town next week. This lady was recommended to me as someone who specializes in short hair cuts, so we’ll see what happens. I’ll probably end up with a mushroom head.
On August 06, 2010 at 1:25pm, Karen said...
When you do the pic, don’t forget the purple feather boa!
On August 07, 2010 at 9:10am, Stephani said...
Hehe.
I think the purple boa is actually what sold me on the cut.
On August 06, 2010 at 11:16am, Shae said...
Really cute ‘do! Can’t wait to see it on you. Happy closing on Monday!
.-= Shae´s last blog ..Ever have a feeling… =-.
On August 06, 2010 at 11:24am, Stephani said...
Thanks, Shae. Happy Friday!
On August 06, 2010 at 12:18pm, Alex said...
30-day challenge update. Just got a call from Realtor about bringing my highest and best, says had 43 other offers which seems like smoke (maybe, not sure, its my first offer) and also submitting copy of earnest money check copy. I found it cool that I could just scan it and e-mail it just like the offer I made. I had a few responses from craiglist ads for buyers, what should I do at this point since I’m just waiting to hear back? Any input is good! Thanks.
On August 06, 2010 at 7:26pm, Stephani said...
Hey Alex,
Like Matt mentioned in the comment below, don’t get caught up in a bidding war. Run your numbers and offer what you are comfortable with, and nothing more. If there are 43 offers on the table, chances are there’s going to be someone who outbids you. If so, just move on to the next one…
As far as the CL buyers, I’d just say you don’t have any properties at the moment, but you’ll let them know as soon as you do. You can also try to get some info from them as to what type of properties they are looking for, and then contact them when you get a deal that meets their criteria.
Keep making those offers!
On August 06, 2010 at 11:03pm, Alex said...
Thanks Steph and Matt, I will stick to the game plan and not get caught up. Hot smile
After I sent the earnest money check, I got a call and they confirmed they got it. They said my offer had no Realtor info which is true because I’m not using one, I submitted this thing directly. She asked if I was a Realtor, of course, I said no but played it off like I knew what I was doing. She said we may need to find out if this will be acceptable or not, I said okay, let me know if you need anything. Am I required to have an Real Estate Agent make my offers for me, or represent me, even if I don’t want one to? Not sure how I over looked this scenario. Arrrg, still confused!
On August 07, 2010 at 8:50am, Stephani said...
Hey Alex,
I get the same response sometimes, but I just tell them I always make my offers directly to the listing agents so they can keep both sides of the commission. Sometimes they act all confused, but since I always have all my ducks in a row (copy of escrow check, proof of funds, contract already filled out), it’s kind of hard for them to say no.
It’s also a good idea to give them a call first letting them know that you’re going to be submitting an offer and you’re not working with an agent. That way when the offer comes through, they aren’t caught off guard.
On August 06, 2010 at 12:34pm, gina said...
Omg! I love your posts! You have the best sense of humour and I had tears in my eyes from laughing so hard! Some people are such idiots! Anyway, thanks for the info and I love the pic of the new hair cut! I spell dumbass as one word. Have a fab weekend!
On August 06, 2010 at 7:28pm, Stephani said...
Hey Gina,
Glad I could give you a good chuckle!
Thanks for stopping by, and hope you have a fab weekend, too!
On August 06, 2010 at 1:22pm, Brooks said...
DA = one word. For sure : )
.-= Brooks´s last blog ..FREE 50 to lend to the entrepreneur of your choice! =-.
On August 06, 2010 at 7:39pm, Stephani said...
Thanks, Brooks.
I’ll have to tally up the votes at the end of the night…..
On August 06, 2010 at 3:38pm, Mom said...
As long as you likey I guess I will likey too. ♥♥♥
On August 06, 2010 at 7:31pm, Stephani said...
I doubt you’ll like it, Mom, but it will grow back.
I’ll call you tomorrow.
XOXOXO
On August 06, 2010 at 4:35pm, AnotherSteph said...
Hey Steph. I suppose you’re always going to run into these fools that think assigning is illegal. Glad you were still able to make it work.
And love the ‘do! Please post pics. I’ll live vicariously through you – I like short ‘dos but I cannot pull them off.
Have a great weekend!
Steph
.-= AnotherSteph´s last blog ..CPH Offer Update =-.
On August 06, 2010 at 7:33pm, Stephani said...
Hey Steph,
I will definitely post some pics so long as it doesn’t turn out to be a disaster. Keep your fingers crossed for me.
On August 06, 2010 at 5:38pm, Gina said...
Hi Steph,
Ok, so I have to say I love your sense of humor and I had tears in my eyes from laughing so hard at your story! Some people are just clueless idiots! Anyway, thanks for all the info you provide and I hope you will still do something in real estate, even if you decide to leave wholesaling next year! Please don’t leave us!!!
On August 06, 2010 at 7:35pm, Stephani said...
I’m not planning on leaving the blogosphere, Gina! I may be making some changes to my career path, but I’ll still be here blogging about it!
Thanks for the support- it’s much appreciated.
On August 06, 2010 at 6:13pm, Matt said...
@Alex. Tell your buyers you will be in touch as soon as something comes up. As for “highest and best” double check your numbers, and just offer what you need to get the property at to wholesale for a small/reasonable fee. Don’t get caught in the bidding war. Let another idiot overpay for it. And keep putting the offers in as you come across stuff.
43 other offers if true is going to be tough….bank may pick one, may reject all. Who knows?
On August 06, 2010 at 6:14pm, Matt said...
ITM, I love how there’s always a workaround if you’re creative enough
On August 06, 2010 at 7:39pm, Stephani said...
Yes sir- where there’s a will, there’s a way!
BTW, what does ITM mean?
On August 07, 2010 at 7:56am, mobilehomegurl said...
Wow, Steph! What a crazy story. I have 3 words for you (kind of my saying in this biz), “Oh, the drama!” I’m glad you were able to work things out. That’s a good work around with the consulting fee and all. Thing I like about the mobile home biz is not having to deal so much with title companies (when closing as personal property). Most times, it’s just me, the seller, and the housing office. It’s been nice that way. Very entertaining story, I enjoyed reading it – looking forward to seeing your new haircut!
On August 07, 2010 at 8:57am, Stephani said...
Hey Rachel,
I’ve just come to accept the fact that there will always be some sort of drama involved in every deal I do. That’s just the nature of the beast, I guess… Makes for good blog fodder, though. Hehe.
The whole title company thing is a big pain in the rear, especially since the one I work with is awesome and never screws anything up. As soon as another title co comes into the picture, though, there is ALWAYS an issue of some sort.
I envy you for not having to deal with that part of the biz.
Have a great weekend!
On August 07, 2010 at 11:39am, Matt said...
Life is full of drama. Just got to avoid most of it…lol.
ITM = In The Meantime
On August 08, 2010 at 7:33am, Stephani said...
Ahh. Got it, thanks.
On August 07, 2010 at 4:19pm, Manfred said...
Sure would like to see the way that consulting fee was worded in the contract. BTW- Longer hair is the way to go. =)
On August 08, 2010 at 7:35am, Stephani said...
“Buyer to pay 2k consulting fee to Steph Davis Is Awesome, LLC”
Easy Peasy Japanesy.
P.S.
Thanks for the thumbs up on on the hair cut. I’m going back to the salon today to see if she can glue it back.
On August 07, 2010 at 6:13pm, Jerry said...
That title company was clearly a government run shop. Anyone making any money is problematic. I wonder how she would have reacted if you said you were buying it for more than you agreed to?
On August 08, 2010 at 7:37am, Stephani said...
I don’t blame her for hating on us evil-doer investors. We need to be stopped at any cost.
On August 08, 2010 at 12:10pm, Dave said...
Steph.. hot ‘do. Get it.
So the idea was to assign the contract? What banks are allowing that on REO?
On August 08, 2010 at 12:56pm, Stephani said...
Hey Dave,
The seller is a private lender, not a big bank. I didn’t have to sign any addenda that said the contract wasn’t assignable like in a regular REO deal.
Even so, the title company wouldn’t let me do it. It had nothing to do with the seller- the people at the title company are just stupid.
On August 09, 2010 at 6:17am, cgabhart said...
Hey great blog. I know assigning is not illegal as long as there is not a “no assignment” clause in the contract.
How are you getting around this on REO deals?
On August 09, 2010 at 7:19am, Stephani said...
I do simultaneous closings- I close with the bank, then sell to my end buyer via a separate transaction. My end buyer’s $$$ is used to fund both sides of the transaction, so I don’t have to bring any cash to closing.
On August 15, 2010 at 10:43pm, Vernee' said...
Hey I asked you if i could ask you a question via personal messaging and you sent me a friend request so I thank you so very much for that. Anyway, I am sort of working with this guy between my friend. He seems to be a real you know what. First of all he is so skeptical of my friend disclosing any wholesaling business info that he is always questioning her to make sure she is not giving the info out. Oh I didnt mention since she couldnt afford to pay for his mentoring up front t (His Charge is between 5,000+10,000) he made her sign a contract for ten deals @ 50% profit. Anyway, I have read that you are eventually going to offer mentoring services. I am really excited to start this wholesaling business. Is there anything that I can pay for now or do right now for you to help or offer your services. Also, is it really a hard business to get into and make money? I currently reside in VA and I know the basics of the business I just need a mentor to guide me. Is there anyway that you can offer that service for a price or for some sort of work. I would rather work for you just for the knowledge or insight anything. You give so much free info and what I liked about you is that you dont even know me and you added me as a friend and for that I am truely greatful
. Anyway, when you get a chance please get back to me as soon as you can. Take Care and God Bless Please email when you can @ the provided email address. I Know you are so busy but if you can please do.
On August 16, 2010 at 9:01am, Stephani said...
Hi Vernee,
I’m working on a coaching program with 11 other investors who belong to the mastermind group I’m in. It’s in beta testing right now, but will be available to everyone in the next 30 days. I’ll be posting all the details here as soon as everything is ready.
Until then, feel free to post any questions you have either here or on my Facebook wall, and I’ll do my best to respond.
To answer your question about it being easy to make money in this business- there is definitely a learning curve to work through, but if you are willing to put in the time and effort, it can be very profitable. It’s definitely not a get rich quick business, though.
Hope that helps!
Steph