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flipping a contract

Started by muromec
almost 12 years ago
Posts: 323
Member since: Oct 2009
Discussion about
i am in a contract for an apt in a new development , and the same apt lower floor piced 280K more now.How can i flip a contract?
Response by Nah
almost 12 years ago
Posts: 85
Member since: Feb 2008

You can assign a contract, but "flipping" with the assumption you intend to profit, is difficult if a prospective buyer has financing involved. Keep in mind, you are now liable for the broker fee and while many of the same sponsor rules might apply to the buyer i.e. closing costs, transfer taxes, etc, I have a feeling that if you DO NOT have a relationship with the sponsor, they're not going to help you much in the transfer of the contract, given you intend to profit on something that they have yet to receive full payment on themselves. I say this since contract assignment requires showing a property, which partially requires the efforts of the hired sales team and could expose you as the existing contract holder, to be liable for any punch list items. It's not just as easy as "hey, I'll pocket $200k and give the contract to another buyer."

There are maybe two ways this is done.
1). You assign the contract through the development team/sales office for its exact prices, terms, etc. You are refunded or replaced the deposit.
2). You are best friends with the developer.

Otherwise I give you about less than a 2% chance of pulling this off without screwing it up or worse, losing money. On paper, it sounds like a great idea, but in practice, you're better off closing and bringing the unit to market for sale.

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Response by kmbroker
almost 12 years ago
Posts: 116
Member since: Jan 2008

It depends on the wording of your contract. Some contracts in new conversions specify that the contract can not be assigned and that the apartment will be your primary residence. I have assigned a contract in a new conversion, however, the unit was bought as a corporation and we "sold" the corporation to new entity prior to closing, but not usually possible.

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Response by superlun
almost 12 years ago
Posts: 79
Member since: Jul 2009

near impossible unless you were a very savvy buyer and considered this as an option beforehand(as standard contracts don't allow this without sellers consent)

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Response by raddoc
almost 12 years ago
Posts: 166
Member since: Jun 2008

$280K profit will be taxed as ordinary income on a contract flip while it will fall under the $500 RE exclusion if you live there for a few years. What's your hurry?

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Response by AKSEL
almost 12 years ago
Posts: 22
Member since: Nov 2013

I agree with raddoc to an extent. I don't think there is really a need to wait for a few years. Just wait until you close and then put it on the market. It may be even higher at that point. Wait a year, and it will definitely be higher. You have nothing to lose and patience is certainly a virtue in your situation.

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Response by NWT
almost 12 years ago
Posts: 6643
Member since: Sep 2008

Check both the contract and the contract.

At the Laureate, for instance, if a buyer resold within a year of closing, then half the profit would go to the sponsor. It may even have been "one year or until all sponsor's units have sold."

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Response by NWT
almost 12 years ago
Posts: 6643
Member since: Sep 2008

Oops, make that "both offering plan and contract."

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Response by nyc_sport
almost 12 years ago
Posts: 809
Member since: Jan 2009

I don't know how much money is involved in the sale price, but closing, paying closing costs (which are typically high in sponsor sales), mortgage fees and taxes (assuming there is one), living in the place for some period of time, then selling with a 6% broker fee, transfer taxes and other breakage costs is not likely to be a good trade.

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Response by AKSEL
almost 12 years ago
Posts: 22
Member since: Nov 2013

Agreed. There are a lot of factors in play. Don't use a broker (which is not really a great idea)? Try to get out of paying sponsor's transfer tax? Renting it out during holding period?

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Response by huntersburg
almost 12 years ago
Posts: 11329
Member since: Nov 2010
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