This “extended closing” is the second most common reason for deal failure behind hard money lenders not funding timely or at all on the B-C closing.
I have asked closing attorneys in most states if there is an actual statute (law) that specifically requires the closing agent to do the A-B and B-C closings on different days,
The answer has always been, “absolutely not!”, yet this extended closing requirement happens in about 20% of all closings in a certain group of states.
These states are the ones where well-meaning but uninformed politicians or the State BAR Association, have determined that wholesaling by investors should be outlawed.
Their definition of wholesaling is an assignment of the investor’s contract, a passthrough funding, an option exercise, or the sale of their contract to an end-buyer.
None of the above reasons have anything to do with double closings, however, a few closing agents/attorneys have decided that double closings are OK but only if they are done days apart.
These “days apart” can range from two days to two weeks, with no rhyme or reason as to any specific time period.
If you are suddenly faced with this issue by the closing agent, then you have only a few options:
- Try to get friends or family members to fund the A-B leg,
- Try to find a transactional lender who will do extended funding,
- Tell the seller and end-buyer that the closing agent won’t work, and you are having to move the closing elsewhere.
Often, if you tell the closing agent you must move it because your “Funding Partner” won’t take the risk of the end-buyer not closing, they will concede and close both on the same day.
If they won’t budge, don’t hesitate to move the closings to an investor-friendly and knowledgeable closing agent/attorney.
It is always best to get a referral to an investor-friendly closing agent before you give them your buyer and seller contracts to process.
Beware of referrals to investor-friendly closing agents who will do double closings using the end-buyer’s funds (assignment or pass-through closings).
The issue here might be that the seller or end-buyer finds out how much profit you are making and backs out of the closings.
A closing agent may say they won’t do double closings because many believe that an assignment of contract is the same as a double closing despite it NOT being an A-C, pass-through closing.
Even with a referral, ask the person you’ll be dealing with if they do double closings ahead of time.
If you have any additional questions, contact me directly at DaveDinkelQuestions@gmail.com.
If you need hard money instead of transactional funding, contact me for referrals to private hard money lenders.
Be sure to check out BestTransactionalFunding.com for all your same-day double closing needs, including a list of Investor-Friendly Closing Agents in various states.
We have more five-star Google ratings than all the other transactional funders combined.
Visit DaveDinkel.com for full privacy policy, terms of use, etc. Be sure to contact us through the website at davedinkel.com if you have questions or concerns. Results mentioned in this presentation and any video, article, and/or material related to Dave Dinkel and his associated businesses are not typical nor are a guarantee of any earning potential. No advice is to be construed as legal, accounting, or professional advice EVER. Please consult related licensed and qualified professionals before taking any action. No person(s) mentioned in the articles and /or shown on videos received compensation in any form for their opinions.
