December 21, 2017 at 4:53 pm #135369
Hong min Jun
If I have a owner financing contract for $100,000.00 in monthly installments for six years, can I sell this contract and right to receive payment to a financing company for discounted price??December 21, 2017 at 6:20 pm #140517
Hi Hong min Jun!
The answer to your question really is “it depends”. You say owner financing but this could relate to either real estate owner financing or seller/owner financing offered during the sale of a business. I’m not sure which one you’re referring to, so I’ll briefly discuss both. Under owner financing for real estate, this is a fairly common practice. Your ability to sell the contract in the secondary market is going to largely depend on what the contract says, and if it gives you the right to do so. Most of the time it’s an option for you, but you’ll end up receiving less money if you move forward with it.
If you’re thinking about seller financing for selling your business, then this is more rare. Most of the time seller financing in a business is offered to maximize sale price and get the deal closed. Those sellers are typically interested in taking less money over time in order to cash out everything right now. The restriction to sell the contract in a secondary market typically isn’t prohibited, but it is less likely. I would recommend having an attorney read over your agreement to help you better understand whether or not this is an option for you.