Unless you’re finding the financing for the buyers, I’m still unsure what kind of extra babysitting you’re doing here.
Meantime, you invoice escrow for your fee and call it anything you want. You also record your option, and the title company will request, from you, a release of lien, to notarize in favor of the buyer. All this is done at closing.
The title company will issue you a check for the invoice at closing.
Meanwhile, at least, write down the steps included to close a standard conventional deal …the way you do it.
Give this outline to your buyers to follow, or at least understand the process.
This would include simple instructions on how to apply for financing; whom is closing for you; and how long it normally takes to complete a transaction, etc.
You’re going to want a list of hard and soft money lenders that you can send your buyers to, depending on what financing they’re after. Also, you may want to pre-qualify your buyers, so that they can actually perform.
Also, if the buyers want to finance the assignment fee, then it’s just a matter of including your assignment fee in the sale price, and not add an additional fee over and above the price. This is solved by invoicing escrow, as I mentioned.
You may want to get your real estate license, and/or get some training on how to close on a conventional transaction, if what I’m saying won’t work for you.
I’m not sure what you mean by S&P, except if you’re talking about a purchase and sale agreement.
There’s no special sales agreement that I’m aware of that is needed to close on transactions with high-assignment fees. Except that, if you’re trying to flip REO properties, the bank will want you to use the uniform real estate purchase and sale agreement accepted by your state …and disallow an assignment of the contract in the first place.
Of course then, you’ll have to do a double closing, which still requires invoicing escrow. That is, you use the bank’s contract on the first closing, and your contract on the second closing; invoicing the second closing.
Otherwise, why would you think a standard agreement won’t work? What’s been the hiccup thus far?
That’s about it for me.