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Strategies & Market Trends : The Residential Real Estate Crash Index

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To: microhoogle! who wrote (21238)6/3/2004 10:21:12 AM
From: TradeliteRead Replies (1) of 306849
 
<<Toll Brothers contract prohibits flipping a home. Buyer cannot sell for a period of 1 year after contract signing.>>

I think you're referring to a clause in most standard real estate contracts which says, in so many words, "this contract may not be assigned without the permission of the seller". A builder wouldn't allow this anyway. If the buyer suddenly doesn't want or can't qualify to buy the home he has under contract, the builder can find his own substitute buyer--and these days, can probably sell the house for more money than the original buyer agreed to pay.

The clause basically protects a seller from suddenly doing business with a third party he knows nothing about. It's included in almost every residential sales contract I've ever written.

A clever real estate investor, however, who's lucky enough to find a dumb seller willing to unload his house on the investor's nice-sounding terms, will always try to sneak in a clause allowing the contract to be assigned/flipped, or simply leave out any clauses prohibiting this.

(One more example of why investors shouldn't be licensed--pulling stuff like that on an innocent seller could be grounds for disciplinary action).
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