LO/Sandwich Lease - Posted by Len(NYC)

Posted by Five O on March 30, 2000 at 18:33:56:


Russ is right on the money with his answer. He surely must have taken a course (Maybe Carleton Sheets) or (Tom Vu) or (John T. Reed) .

EXCELLENT POST Mr Sims. You should be selling material (You little Genius you)

LO/Sandwich Lease - Posted by Len(NYC)

Posted by Len(NYC) on March 30, 2000 at 14:16:00:

In regards to Lease ooptions, If I acquire a piece of property through a seller (a) and set it up as a LO, then I get a tenant (b) that I put on a LO ( sandwich lease, right?). Well what if I then find an investor that would be interested in buying the property.How would this work out? just a question.

Re: LO/Sandwich Lease - Posted by Russ Sims

Posted by Russ Sims on March 30, 2000 at 17:19:31:

As long as your sub/tenant-buyer has an option to purchase, you would be unable to sell to the investor without working something out with your sub/TB.

Re: LO/Sandwich Lease - Posted by JPiper

Posted by JPiper on March 31, 2000 at 09:13:55:


I disagree with your answer.

As an investor you obtain an option with the seller?let?s call that option A. Then as an investor you create a second option with the new tenant/buyer?let?s call that option B.

I certainly could assign option A to a new investor?let?s call him investor B. The assignment of option A would require nothing from the tenant/buyer at all. However the property is still subject to option B?and still requires that you deliver title under certain conditions. Therefore, if you were going to assign your interest in option A, you would also want to assign your obligation/interest in option B. Investor B would therefore acquire option A on the property, which would be subject to option B.

The only problem with the above scenario is that failure of investor B to perform on either of the agreements could potentially create a liability for you. Therefore you might want to have your liability released by both the seller and the tenant/buyer. However this release is not necessary, simply prudent.