Forty percent of spread, or a flat 3,500. Two wholesalers, same week.

The clause you flagged second is the whole negotiation. "Buyer contacts developed during the term" with no carve-out means at month 13 you hand back the network you walked in with, because you can't prove which name came from where after a year of activity.

What I'd want in writing: a dated schedule of your existing 380 names attached as an exhibit, signed by both sides at the start, and language that only contacts first introduced by them are theirs. That turns an argument into a document. Whether a non-solicit like that is even enforceable varies by state, and that's a question for an attorney licensed where you'd be operating.

Also, on structure A, define gross spread. Gross of what? If marketing costs, title fees and any price reduction come off the top before your 40 percent, your 5,600 is a number that only exists in the pitch.

Run both structures against the distribution you actually observed rather than the mean.

You saw six spreads: two under 6k, one at 31k, three unstated. If the real distribution is something like half the deals between 4k and 8k and a quarter above 20k, then at 3.3 closings a month option A pays you 40 percent of a highly skewed stream. Take a month where you close three deals at 5k, 6k and 7k. That's 7,200 to you. Option B pays 10,500 on the same month. The flat fee wins every month that lacks a large deal, and the percentage wins on the months that have one. You are being asked to choose a variance profile, not just a rate.

The assumption doing the most work is that the 55 percent close rate transfers to you. It currently reflects their pricing discipline as much as their distribution. If they are putting contracts under at prices no buyer will pay, your close rate on those same contracts will be lower than 55 percent and both structures pay you zero on the misses. Before Tuesday, ask what percentage of dead deals died on price versus title versus buyer financing. If price is the main cause, you need either a say in contract price or a fee that is not purely contingent on closing.

A counter that addresses both: a monthly retainer that covers your fixed labor, plus a lower percentage of spread above a threshold. That prices your time and keeps the upside. And confirm in the agreement whether you are compensated on a re-trade when a buyer defaults and you source the replacement.

40 percent of 14k is 5,600 and that number is doing a lot of emotional work in your post. My last eleven assignments averaged 8,400 and my median was 6,100. Same shape as what you're seeing.

I'd counter with a floor. 2,000 per closing guaranteed plus 25 percent of everything over 8k. You lose the fantasy months and you stop caring what the mean is.

Ask for the last 24 closed HUDs, not four. Then give me the median and the interquartile range and I'll tell you what your income looks like. A mean of 14k with one 31k in a sample of six is a mean of 14k in a sample of six, which is to say it is not a number.

The other thing missing from your math is the dead deal labor. At 55 percent you work 6 files to get paid on 3.3. Whatever your per-deal hours are, divide by 0.55.

Got burned on exactly this. Percentage of spread, and the wholesaler kept reducing price to save closings. Contract spread 19k, closed spread 6,500. I did the same work for a third of the money and technically nobody breached anything.

If you go percentage, tie it to the spread on the contract as of the day the buyer signs, or accept that your comp is the seller's negotiating chip.

Basic one that I don't see answered: if a buyer signs, puts up earnest money, then walks at day 12, and you find a second buyer and it closes, do you get paid once or twice? Because that's two dispo cycles of work for one closing under both A and B as written.

What kills my confidence in a dispo packet is a repair number somebody guessed. If their packets say "needs 30k" with no line items, your best buyers discount the price to protect themselves and your spread shrinks before you've done anything wrong.

Ask to see the last three packets they sent out. If the scope is thin, part of your job is going to be fixing that, and it should be priced.

Who holds the earnest money and how much are they asking buyers for? On the small multifamily I've bought through assignment, the deals that fell apart were mostly ones where the buyer had 500 down and nothing to lose. If they've been taking token deposits, your 55 percent has a cause and it isn't distribution.

Time question. Six files a month, how many hours each? If it's 10 hours a file that's 60 hours a month and option B is 11,550, so about 190 an hour, which is fine. If it's 25 hours a file you're at 150 hours and it stops being fine, especially since you're carrying the dead ones.

I'd log two weeks shadowing their current dispo before signing anything for twelve months.

Take the floor. flint's version. You can't pay rent out of a skewed mean.

Check what share of their buyers close with hard money and what their average approval-to-close timeline is. If most of your buyer pool needs 14 days for a lender and their contracts give 21, you have almost no room for one appraisal or draw issue.

Ask both wholesalers what proof of funds they require before signing a buyer, and whether it's dated. Stale bank letters are the most common reason I see a dispo file die at day 15. Terms and turnaround differ by lender, so get whatever the buyer claims confirmed in writing rather than trusting the letter.

beacon, one more on the exclusivity. Twelve months exclusive with no performance standard on their side means they can slow to one contract a month and you have no remedy and no other clients. If they want your exclusivity, they owe you a minimum deal count, with the exclusivity lapsing if they miss it two months running.

Same answer as before on enforceability, which turns on state law, so have counsel where you operate read the final draft. But the deal count clause is a business term, and you can ask for it Tuesday without a lawyer.

I'm still working out where I fit in all this. So the dispo person's actual asset is 90 names who closed, and everything else in the agreement is a fight about who owns those 90 after the contract ends. Is that fair? Because if so the list building is the job and the fee structure is downstream of it.