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sukrpunch

"Legal" Title

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I'm aware that Realtors/agents are not always the easiest to work with when it comes to piecing together a LO, but I've found that many of them in my area have properties available for LO and are willing to "hold paper" until the deal closes. I was speaking with one today that has a couple SLO properties for me and he asked me a question that kinda caught me off guard (i'm trying to avoid SLOs, but I already committed a SLO, not CA, to him):

 

He wanted to know exactly how the check gets cut at purchase. Basically, say at closing, I sold the house for $5k more than what I contracted it for with the seller. He wants to know how exactly the $5k gets paid out to me and how the $100k (seller's price) gets paid to the seller. Does title transfer through me then to the t/b (which would basically be a double close)? Or how exactly, in legal terms, do I get paid in the deal?

 

Thanks!

 

Chris

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Chris, that depends on whether you do a double close or an assignment. I do an assignment or release, otherwise land transfer tax (which is high here in Ontario) would be paid twice, once by me and again by my T/B.

 

* So basically the T/B gets a new mortgage for say $105k.

* They pay me $5k to release my contract.

* The other $100k goes to the seller.

* The T/B and seller close directly with each other.

In your scenario, the seller would then pay their agent out of the $100k they collected.

 

In a double close the T/B would pay you $105k, you would then buy from the seller and pay them their $100k. You close with the seller and then immediately turn around and close with the buyer.

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* They pay me $5k to release my contract.

 

Thanks for the responses MC and Doug! Is there an extra step that needs to be taken to release the contract (i.e. signing another contract)?

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Just a simple one page mutual release (or assignment if you prefer). Just ask your lawyer/title company what they require.

 

Perfect. Thanks Doug!

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