Would You Front Sellers Money on a Novation? Here’s the Structure I’m Testing
I’ve got two novation deals right now where the sellers are asking for money before closing. Normally, I’d just wait until closing when title disburses, but here’s the plan I’m considering to structure it safely: - Give the seller an advance agreement (spelled out clearly that the money is either credited to their proceeds at closing or non-refundable if they back out). - File a memorandum to secure my position and cloud title so they can’t sell around me. - Have the seller sign a performance deed in escrow with title/attorney — instructions say the deed only gets released/recorded if I perform under the agreement and the seller refuses to close. - That way, the seller still gets their money at closing, my advance is protected, and the transaction can’t get jammed up last minute if they flake. Basically, this setup gives the seller what they want (cash now) while protecting me and making the deal enforceable. Would you do this? Has anyone here already advanced money on a novation deal like this?