The Investor’s Guide to Avoiding Novation Mistakes

This article covers the top 5 mistakes that kill novation deals before they close, so you can avoid them, tighten your system, and keep your profits intact.

Blogs

Sep 13, 2024

Novation can be a powerful tool, giving you the flexibility to bring in a retail buyer without taking title. It lets you sell to a broader buyer pool, work within MLS norms, and close higher-profit deals. But novation isn’t bulletproof.

In fact, most novation deals fall apart before the closing table, not at it.

Why? Because investors make preventable mistakes early in the process that compound over time, scaring off sellers, frustrating buyers, and setting up compliance issues.

This article covers the top 5 mistakes that kill novation deals before they close, so you can avoid them, tighten your system, and keep your profits intact.

Mistake #1: Poor Seller Positioning from the Start

Your seller is not just signing a regular purchase contract. They’re agreeing to let you find a third-party buyer who will ultimately close in their place.

That requires trust, clarity, and control.

Common seller-positioning errors:

  • Vague or misleading explanations of how novation works

  • Avoiding the term “novation” altogether

  • Promising retail-level proceeds without explaining contingencies

  • Rushing to contract before walking the seller through timelines

When sellers feel blindsided or confused later in the process (especially after inspections or buyer walk-throughs), they’re more likely to:

  • Ghost you

  • Cancel the agreement

  • Refuse access to the property

  • Complain to the title company or their attorney

Fix it:

Start with an honest, plain-English explanation:

“I’ll be bringing in a retail buyer, using my agreement with you as the foundation. You’ll still own the property until closing, but I’ll handle the buyer side. You don’t pay commissions, and I only get paid if we close.”

Make sure the seller understands:

  • They won’t receive earnest money

  • The buyer will likely do an inspection and need financing

  • The timeline could be 30–45 days, not a quick cash close

  • You will need access for showings and appraisals

No overpromising. No skimming over the structure. The more aligned you are up front, the smoother everything else goes.

Mistake #2: Using the Wrong Paperwork

Novation is not wholesaling. It is not just an assignment with a different name.

Yet many investors try to use the same contract templates, assignable PSAs, wholesaler-specific terms, or contracts that won’t pass a retail buyer’s lender review.

What goes wrong:

  • Lenders reject the paperwork because it doesn’t meet standard retail sale language

  • Title companies refuse to process the novation without proper documentation

  • Sellers or agents question the legality of the contract structure

  • You lose control of the deal because the documents don’t clearly define your role

Fix it:

You need contracts that are purpose-built for novation:

  • A purchase agreement with the seller that includes novation-specific language (ideally reviewed by your attorney)

  • An Authorization to Market or AIF (Attorney-in-Fact) if needed, allowing you to list and negotiate

  • Clear terms about your fee, the final sale price, and who signs what at closing

Title-friendly, lender-compliant, and seller-transparent documents are non-negotiable if you want your deal to survive the retail gauntlet.

Mistake #3: Poor Property Presentation

Your buyer isn’t an investor. They’re a retail buyer using financing. They expect clean photos, clear descriptions, and a home that looks like it belongs on Zillow.

If you market your novation deal like a wholesale contract blast, you’ll get:

  • Few showings

  • Low offers

  • Suspicion from agents

  • Appraisal issues

Common presentation issues:

  • Blurry or amateur photos

  • No interior shots or staging

  • Inaccurate listing details (e.g., square footage, condition)

  • Lack of financing details or buyer requirements

Fix it:

Treat the novation like a real listing, because it is.

  • Use professional photos

  • Stage or clean the property if needed

  • Include financing eligibility in your marketing (FHA, VA, etc.)

  • Price based on comps and MLS psychology, not investor math

  • Clarify that the seller won’t make repairs, but the home meets lending condition standards

A clean, retail-ready presentation can triple your inbound offers and reduce buyer fallouts dramatically.

Mistake #4: Not Vetting the Buyer or Their Financing

This is one of the biggest killers of novation deals. You market the home, get an offer, and celebrate, only to watch the buyer flake after inspection, financing denial, or confusion over the structure.

Why? Because you never verified the buyer’s intent, timeline, or financial reality.

What happens when you don’t vet the buyer:

  • They misunderstand how novation works and back out

  • Their lender rejects the deal structure or title language

  • They weren’t actually pre-approved (just “pre-qualified”)

  • They need to sell their current home first

  • They’re using an inexperienced agent who botches the timeline

Fix it:

Before accepting an offer, get:

  • A current pre-approval letter (dated within the last 30 days)

  • Confirmation of the buyer’s loan type (FHA, VA, conventional)

  • Clear disclosure that seller remains on title until close

  • Lender contact info so your title company can communicate directly

If the buyer needs hand-holding, loop in your listing agent or TC to walk them through the structure. Don’t wait until underwriting week to find out their lender won’t fund the deal.

Mistake #5: Losing Seller Confidence During the Process

Even if you set expectations perfectly at the beginning, sellers can start to lose confidence if:

  • Showings are slow

  • The buyer delays inspections

  • The appraiser has issues

  • You go dark for a few days

And once a seller doubts you, they become the biggest threat to your closing.

Common seller trust-killers:

  • Lack of updates during escrow

  • Not explaining the inspection or appraisal feedback

  • Delays with no timeline explanation

  • Awkward negotiations with the buyer directly (if you're not involved)

Fix it:

Maintain seller confidence like it’s your full-time job.

  • Give regular updates (even if there’s nothing major to report)

  • Walk them through next steps every 5–7 days

  • Let them know if the buyer is asking for repairs or credits

  • Emphasize that your agreement is still valid, and you are managing the transaction professionally

If you need more time, ask for it early, and back it up with facts, not fluff.

Most Novation Deals Die from Sloppiness, Not the Strategy

Novation works when the paperwork is right, the seller is informed, the buyer is qualified, and the home is positioned properly.

But cut corners on any of those pieces, and the entire deal collapses, often without warning.

Avoid these five mistakes, and you’ll:

  • Build smoother transactions

  • Close faster

  • Keep sellers and buyers on the same page

  • Protect your fee, and your reputation

Novation isn’t complicated. But it is fragile until you build the discipline to run it like a retail operation, not a quick flip.

Written By:

Austin Beveridge

Chief Operating Officer

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