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	<title>Comments on: Best of the hotline: Marketing an equitable interest</title>
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		<title>By: Listing Homes Under Contract :Equitable Interset &#8211; What is it ? Do you have it ? Can you list a home based on it ?</title>
		<link>http://www.parjustlisted.com/archives/2029/comment-page-1#comment-232</link>
		<dc:creator>Listing Homes Under Contract :Equitable Interset &#8211; What is it ? Do you have it ? Can you list a home based on it ?</dc:creator>
		<pubDate>Thu, 29 Oct 2009 18:42:16 +0000</pubDate>
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		<content:encoded><![CDATA[<p>[...] <a href="http://www.parjustlisted.com/archives/2029" rel="nofollow">http://www.parjustlisted.com/archives/2029</a> [...]</p>
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		<title>By: Debra Higgins</title>
		<link>http://www.parjustlisted.com/archives/2029/comment-page-1#comment-197</link>
		<dc:creator>Debra Higgins</dc:creator>
		<pubDate>Thu, 15 Oct 2009 10:14:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.parjustlisted.com/?p=2029#comment-197</guid>
		<description>I am currently working with an investor who wants to write contracts that are assignable. He will then search for a new buyer to sell for the property for more money then sell the contract to the new buyer. He wants to try to make at least $2,500 per transaction and he never owns the property or pays a transfer tax. I talked with an attorney and he advised that I document with an addendum what the buyer&#039;s intensions are. At this time the buyer has an agreement on one of my listings. The seller has been trying to sell the property for almost a year. She is very well aware that he is going to sell to someone else, without my assistance, for more money. She doesn&#039;t like it but she wants it sold. Any comments would be appreciated.</description>
		<content:encoded><![CDATA[<p>I am currently working with an investor who wants to write contracts that are assignable. He will then search for a new buyer to sell for the property for more money then sell the contract to the new buyer. He wants to try to make at least $2,500 per transaction and he never owns the property or pays a transfer tax. I talked with an attorney and he advised that I document with an addendum what the buyer&#8217;s intensions are. At this time the buyer has an agreement on one of my listings. The seller has been trying to sell the property for almost a year. She is very well aware that he is going to sell to someone else, without my assistance, for more money. She doesn&#8217;t like it but she wants it sold. Any comments would be appreciated.</p>
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		<title>By: Wendell Stockdale</title>
		<link>http://www.parjustlisted.com/archives/2029/comment-page-1#comment-188</link>
		<dc:creator>Wendell Stockdale</dc:creator>
		<pubDate>Tue, 13 Oct 2009 14:55:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.parjustlisted.com/?p=2029#comment-188</guid>
		<description>Depends. 

If &quot;you&quot; in the question is a new agent for the buyer and had nothing to do with the property previously, no problem. 
 
If, however, the agent is agent for the seller, knows that the buyer intends to flip the property and  knows, or has a very good idea, that he can get the buyer a better deal than what he obtained for the seller, then the agent has a large ethical issue.  

But if agent for the seller has obtained for the seller the best deal he could, and sometime after the deal is signed the buyer then decides to put his equitable interest on the market or another buyer approaches the agent, there should be no problem. After all, the seller&#039;s agent had not been able to obtain a higher price for the seller after marketing it for some time, the seller was satisfied with the deal, and now just because the buyer thinks  he can resell for more, why shouldn&#039;t he be able to give it a try?  Of course, the seller may not believe that the agent and the buyer didn&#039;t have this set up ahead of time--(the temptation of a double commission for the agent)-- and in this case probaby won&#039;t give his permission.  

We &quot;know&quot; it happens often where the buyer and agent know of a better buyer for the equitable interest even before the original sales agreement is signed.  This is unethical, if not illegal(but how can intentions be proven?). 

Today, however, if the transfer tax applies to a flip situation, the better procedure would be for the buyer to close, then try to resell.  Two transfer taxes are going to have to be paid anyway and this would preclude the possibility of any lawsuits.</description>
		<content:encoded><![CDATA[<p>Depends. </p>
<p>If &#8220;you&#8221; in the question is a new agent for the buyer and had nothing to do with the property previously, no problem. </p>
<p>If, however, the agent is agent for the seller, knows that the buyer intends to flip the property and  knows, or has a very good idea, that he can get the buyer a better deal than what he obtained for the seller, then the agent has a large ethical issue.  </p>
<p>But if agent for the seller has obtained for the seller the best deal he could, and sometime after the deal is signed the buyer then decides to put his equitable interest on the market or another buyer approaches the agent, there should be no problem. After all, the seller&#8217;s agent had not been able to obtain a higher price for the seller after marketing it for some time, the seller was satisfied with the deal, and now just because the buyer thinks  he can resell for more, why shouldn&#8217;t he be able to give it a try?  Of course, the seller may not believe that the agent and the buyer didn&#8217;t have this set up ahead of time&#8211;(the temptation of a double commission for the agent)&#8211; and in this case probaby won&#8217;t give his permission.  </p>
<p>We &#8220;know&#8221; it happens often where the buyer and agent know of a better buyer for the equitable interest even before the original sales agreement is signed.  This is unethical, if not illegal(but how can intentions be proven?). </p>
<p>Today, however, if the transfer tax applies to a flip situation, the better procedure would be for the buyer to close, then try to resell.  Two transfer taxes are going to have to be paid anyway and this would preclude the possibility of any lawsuits.</p>
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		<title>By: Ruth Feldman</title>
		<link>http://www.parjustlisted.com/archives/2029/comment-page-1#comment-186</link>
		<dc:creator>Ruth Feldman</dc:creator>
		<pubDate>Tue, 13 Oct 2009 13:01:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.parjustlisted.com/?p=2029#comment-186</guid>
		<description>Even if you decide it&#039;s legal, I think you might run into some ethical issues with your original seller - you are obligated to bring him/her the highest and best price for the property.  If the equitable owner thinks they can sell for a higher price, why can&#039;t you get a higher price for the current owner on title?</description>
		<content:encoded><![CDATA[<p>Even if you decide it&#8217;s legal, I think you might run into some ethical issues with your original seller &#8211; you are obligated to bring him/her the highest and best price for the property.  If the equitable owner thinks they can sell for a higher price, why can&#8217;t you get a higher price for the current owner on title?</p>
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