what questions should you ask your closing attorney wholesaling

by Ms. Sierra Kuhn 5 min read

  1. How Long Have You Been Practicing? First things first, you’re going to want to ensure that your chosen attorney is well-versed in real estate closings. ...
  2. Will Anyone Else Be Working on My Case? When it comes to your specific case, you’ll want to know exactly who is working on your case. ...
  3. What Is Your Fee? Each and every attorney is going to have a different fee that is associated with the closing. ...
  4. What Is Your Billing Schedule? Similarly, you’ll want to inquire about the timeline for these fees. ...
  5. What Happens Before Closing? Your closing date is arguably the most important date throughout your real estate transaction. However, the time before closing is also incredibly important. ...
  6. What Happens at Closing? Similarly, you’ll also want to have a firm understanding as to what takes place at closing. ...
  7. What Costs Are Included in My Closing Fees? Of course, it’s vital to have a firm understanding of what costs are included in your closing fees. ...
  8. What Do I Need to Bring to Closing?

Full Answer

What are the questions to ask a real estate closing attorney?

Hi @Nathaniel Smith you should definitely find a lawyer who focuses on real estate and is familiar with wholesaling. You should ask them if they have done wholesale deals before and represented different buyers, sellers and wholesalers. Ask if they have done straight assignments or double closings and if they have a preference.

Do I need a real estate attorney to administer a closing?

Apr 09, 2015 · Ask a few questions about the lawyer's view of your case or situation. Five: What are the likely outcomes in my case? Lawyers are not fortune tellers. They should never guarantee a specific result. However, they should be able to give you a frank preliminary assessment of how your case is likely to play out. Six: What will the fees and expenses be?

What questions should I Ask my Lawyer?

Apr 16, 2015 · The above title questions and answers should give you a lot of the information you need to know regarding closing on a home. From title exceptions to what you can expect at closing, having clarity on the details will allow you to make the …

How can I get answers to my title questions before settlement?

Wholesaling has become common practice for many very successful investors, which begs the question: How does a wholesale investor make money?” Simply put, when a wholesaler assigns his or her contract over to the end buyer, they are given an assignment fee (similar to a finder’s fee), which is usually a small percentage of the property’s value.

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Why do people fail at wholesaling?

For example, a wholesaler buys a contract of a property for $40,000 with estimated repair costs at $5,000. ... This is exactly why most people fail at real estate wholesaling; it is just too much work and too much experience to guarantee its success.Mar 13, 2017

How long does it take to close a real estate wholesale deal?

Wholesalers just have to wait 7 to 30 days, or however long it takes to close from when they find a buyer.Jun 11, 2021

Is earnest money required for wholesaling?

Earnest Money is a deposit made to a seller by the buyer that represents good faith. ... A real estate wholesale transaction isn't your usual type of deal, therefore the earnest money requirements by the seller normally go right out the window.Sep 6, 2017

What agreements are used for a wholesaling?

A wholesale real estate assignment contract is the legal document that facilitates the transfer of the right to purchase a property from the wholesaler to an end buyer. Once the seller and wholesaler have entered into equitable conversion, an Assignment of Real Estate Purchase and Sale Agreement is drafted.Dec 1, 2021

Is wholesaling easy?

Wholesaling can be a way to get started investing in real estate without much cash or experience. That does not mean it is easy or the money will come quickly. It takes a lot of work, and it's easy to get yourself in trouble if you do not know what you are doing.Nov 9, 2021

Is wholesaling houses real?

In real estate wholesaling, a wholesaler contracts a home with a seller, then finds an interested party to buy it. The wholesaler contracts the home with a buyer at a higher price than with the seller, and keeps the difference as profit. Real estate wholesalers generally find and contract distressed properties.

How do I get rid of earnest money?

10 Ways to Lose Your Earnest Money DepositFailing to Meet Deadlines. ... Getting Caught Up In a Bidding War. ... Agreeing to a Non-Refundable Earnest Money Deposit. ... Waiving Contingencies Prematurely. ... Failing to Do Due Diligence. ... Failing to Understand “As-Is” Buying. ... Voiding a Contract Without a Refund.More items...•Dec 14, 2021

Can a seller request earnest money?

As a seller, be aware that you will not automatically get earnest money if a buyer drops out, but you may be entitled to it when a buyer is in breach of the terms of the contract and does not complete the purchase.

What is EMD in wholesaling?

Earnest money protects the seller if the buyer backs out. It's typically around 1% – 3% of the sale price and is held in an escrow account until the deal is complete. The exact amount depends on what's customary in your market.

How do you close on a wholesale deal?

6:2119:55How to Close Out Your Wholesale Deal - Transaction CoordinatingYouTubeStart of suggested clipEnd of suggested clipSo now you have it under contract. So what you do is first bullet point here is you send the pa. TheMoreSo now you have it under contract. So what you do is first bullet point here is you send the pa. The signed pa the purchase agreement to the title.

How do I back out of a wholesale contract?

1:099:09How to Back Out Of A Wholesale Deal - YouTubeYouTubeStart of suggested clipEnd of suggested clipBut until then you are the buyer on the contract with the seller as the buyer on the contract. YouMoreBut until then you are the buyer on the contract with the seller as the buyer on the contract. You have what's called equitable.

How do you calculate an ARV?

They use the purchase price and then they add the added value as previously described.(Purchase Price) + (Value From Renovations) = After Repair Value.(ARV x 70%) – Estimated Repairs = Maximum Purchase Target.After Repair Value x 70% = Maximum Loan Amount.

How to ask a seller about a house?

When speaking with a seller, you need to do more listening than talking. Ask the necessary questions, such as: 1 Is there any particular reason you’re looking to sell? 2 If everything was perfect, how would you want the sale of your house to go? 3 As a buyer, is there anything I should be concerned about with regard to the house? 4 What are the repairs that are needed?

Is wholesaling legal?

Wholesaling is legal, but you will need to be strategic in your verbiage on your contracts. Remember, this is not legal advice so you should consult legal counsel yourself. It should be noted on your contract the buyer’s name as ABC Wholesalers and/or Assignee.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

How much does an attorney charge per hour?

Standard hourly fees range from $150 to $200, he says. For simple matters, you may be able to negotiate a price.

Who is Aaron Hall?

Before you hire an attorney, it is helpful to determine how much real-life legal experience he or she has, says Aaron Hall, a Minneapolis-based attorney with Twin Cities Law Firm LLC.

Is real estate a matter of equals?

Not all real estate matters are created equal. Ask if the attorney has dealt with transactions similar to yours. If he has, he will be better able to foresee potential problems and head them off, says Tim McFarlin, a real estate attorney with McFarlin & Geurts LLP in Irvine, Calif.

Can I ask an attorney for a brief overview of what he plans to do on my behalf?

It’s not out of line to ask an attorney for a brief overview of what he plans to do on your behalf, Hall says. In fact, it can help you determine which attorneys are knowledgeable about real estate law.

What do I need to bring to a closing?

You need to bring a valid photo I.D. such as a license, military I.D., or passport. You should also bring a cashier’s check made out to the title company in the amount previously given to you by your agent. These should be the only things you should need to have on your person when you come to the closing table.

How long does it take to sign a title?

Signing the paperwork typically takes about 35-45 minutes depending on the questions you ask and the time it takes to read and sign the documents. If you work with an experienced, trusted title company, many of your questions should have already been answered and it shouldn’t take much time at all.

Do you need title insurance when buying a house?

Once you’ve selected an insurance company, let your escrow officer know. Homeowners insurance isn’t the only kind that you need, though. Title insurance protects you during the home buying process from many potential problems including breaks in the chain of title and incorrect legal descriptions.

How to start a wholesale real estate business?

Reading through this wholesale real estate step by step is a great place to start, but additional resources can be helpful as well. A great place to start is by attending a real estate event in your area. Network with other investors, and sit down with someone who has experience wholesaling in your area. This will help you get a better feel for the process, and it could lead to a helpful industry connection down the road. As you learn what to expect, you will be better prepared to conduct local market research and devise a business plan.

Why is wholesaling important?

Because of this, meeting the various eligibility requirements of financing, such as income level or credit score, doesn’t pose as a barrier. For these reasons, wholesaling is a great way to gain valuable skills and learn about the real estate market while saving up money and building up your credit score.

What is wholesale investor?

A wholesale investor is both an expert marketer and a savvy networker when it comes down to it. For instance, a wholesaler builds relationships with other professionals in the industry to create a buyers list. They then utilize their marketing skills to find wholesale properties in their desired market.

How to get a property under contract?

If all goes to plan, it will be one from the list you created earlier in the process. Put together a list of comparable properties, estimate the potential cost of repairs, and get a title report done. Then, start reaching out to potential buyers from your list. The more potential buyers you have at this point, the better.

What is wholesaling in real estate?

In real estate, wholesaling serves as a versatile exit strategy that can suit several different investor personality types. For starters, the wholesale process is known to have one of the shortest completion timelines compared to other investing strategies for starters.

What is a buyer's list?

A buyer’s list is essentially a category of potentially interested investors, entrepreneurs, and homebuyers. Building a list of usable names will certainly put your networking skills to the test, but it will be well worth it. A strong buyer’s list will make sure you always know where to go with deals. Buyers can be found in a few places ranging from direct mail to bandit signs, though one of the best ways to build a list is through personal connections. Connect with other real estate professionals to expand your network, and don’t forget to jot down the contact information of anyone you see as a potential lead.

What is motivated seller?

This situation can happen for several reasons: they could be behind on mortgage payments and hoping to move, or maybe they recently inherited a property they aren’t sure what to do with. No matter why motivated sellers are your best bet at getting a property under contract for a good price.

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