Rookie Mistake: I Lost Money to a Wholesaler

Rookie Mistake: I Lost Money to a Wholesaler

Banker · Dallas, TX · Member since 2013 · 158 posts · 129 votes

First of all, I'm not a rookie, but I behaved like one, and I write this post as more of a cautionary tale rather than an attempt to seek advice.  I know I should have done more due diligence, and I know what my options are to attempt to remedy the issue.  Giving non-refundable deposits to wholesalers to "lock up a deal" whereby the check is written to the wholesaler has become customary in the wholesaling world of real estate in the Houston, TX market (I can't speak for other markets).  In May of 2015, I gave Troy Joyner or FPM Houston Homes and FPM Development a $3,000 check to lock up a $85,000 house located at 2710 Wheeler Street Houston, TX.  As the closing date approached, Troy had excuse after excuse as to why the closing was being delayed.  Then he went silent.  I later learned that he entered into multiple contracts on the same property, and he did this with other properties at the same time. Multiple investors are now attempting to locate him in an attempt to retrieve their money.   Though I had met Troy in person on a couple of occasions at networking events, I did not know him that well.  At the end of the day, giving a wholesaler a deposit is the same as giving him or her a short term unsecured loan only you have a contract instead of a promissory note.  I learned that I need to a) do more due diligence on the title of the property and b) do more due diligence on the wholesaler prior to writing a check to the wholesaler for any kind of deposit.   I am embarrassed that I let this happen to me, but, even more so, I don't want it to continue to happen to others. Be careful out there; don't let my $3k mistake be your own. 

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Wholesaler · Culver City, CA · Member since 2015 · 185 posts · 56 votes
11y

OH MAN! I gotta tell you, as a wholesaler (that has yet to do a deal) this acgers me to my core. It's bed enough us wholesalers can barely get sellers to trust us. Now, I hear about this and there goes our reputation with Cash Buyers. Here in CA, all deposits and any other money exchanges are to be handled through escrow. No checks, and I mean no checks, are to be written directly to me until closing. I thought that's how it works.  

Sorry to hear about this...just know that we aren't all like that. Those of us that are trying to get our first deal are honest-to-goodness business people. I learned something in this as well. 

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  • Doug McLeodPro Member
    Investor · Cypress, TX · Member since 2014 · 496 posts · 205 votes
    11y

    Ouch. So did he give you an assignment contract and a copy of the sales/purchase agreement with the seller?  Were there any signs ahead of time that the guy was shady?

  • Banker · Dallas, TX · Member since 2013 · 158 posts · 129 votes
    11y

    I didn't get the agreement between him and seller.  We signed a two page real estate contract rather than an assignment contract and he was going to double close it.  I should have requested his contract with the current owner.  I didn't have the best "gut feel" about Troy but I had seen him at a few networking events and I talked to a few other guys that knew him so I was thinking that my worst case scenario would be to end up with no deal and my $3k back.  I never would've thought that he would actually steal the money and kill his reputation in the industry.

  • Wholesaler · Culver City, CA · Member since 2015 · 185 posts · 56 votes
    11y

    OH MAN! I gotta tell you, as a wholesaler (that has yet to do a deal) this acgers me to my core. It's bed enough us wholesalers can barely get sellers to trust us. Now, I hear about this and there goes our reputation with Cash Buyers. Here in CA, all deposits and any other money exchanges are to be handled through escrow. No checks, and I mean no checks, are to be written directly to me until closing. I thought that's how it works.  

    Sorry to hear about this...just know that we aren't all like that. Those of us that are trying to get our first deal are honest-to-goodness business people. I learned something in this as well. 

  • Real Estate Broker · Cypress, TX · Member since 2013 · 824 posts · 470 votes
    11y

    Probably wasn't easy sharing that @Waylon Themerbut I'm sure you've saved some people some heartache by doing so. FYI-this guy has two separate accounts set up on BP....members beware!

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    11y

    Thanks for sharing and sorry for your loss @Waylon Themer.  How short-sighted can a guy get?  I hope you get your money back.

    Never do business with the crooked no matter how good the deal appears!    Seems to be a theme this week.  

  • Investor · Highland, IN · Member since 2015 · 60 posts · 21 votes
    11y

    It's sad that people put a price on their integrity (and their business' integrity). I'm sure just by posting this and saving someone else some heartache and headache that you will be rewarded some way or another @Waylon Themer! 

  • Pasadena, TX · Member since 2015 · 76 posts · 20 votes
    11y

    Thank you for sharing @Waylon Themer.  A guy like that should be exposed.  This kind of dishonesty is what gives wholesalers and RE investors, in general, a bad name.  

  • Investor · Sugar Land, TX · Member since 2012 · 554 posts · 232 votes
    11y

    Ouch - not cool!  I haven't done a lot of business from wholesalers, but I've always wondered if that kind of thing happens.  Unfortunately for them, a bad reputation from quality buyers spreads very fast even in a big city like Houston.  Thanks for letting us know who to stay away from.

  • Real Estate Broker · Indianapolis, IN · Member since 2014 · 3k+ posts · 2k+ votes
    11y

    Appreciate your honest!

  • Investor · Matteson, IL · Member since 2015 · 44 posts · 13 votes
    11y
    Thanks for sharing!
  • Rental Property Investor · Dayton, OH · Member since 2014 · 41 posts · 13 votes
    11y

    Thanks for the lesson! Your awesome for sharing.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    11y

    @Waylon Themer I am obviously very sad you lost that money, and I hope you are able to recover it. I do want to thank you for posting this mistake here though.  Often reading through the forums all we see are stories of how people made money. We need more stories of the mistakes and failures we all make. 

  • Investor · Houston, TX · Member since 2010 · 101 posts · 18 votes
    11y

    As a local wholesaler in the Houston area, there are a lot of losers in this industry who have no integrity at all. Investors, if you are locking up a deal on a property never write the check directly to the wholesaler or his company name, always to the title company and double check the comps! This protects you as the investor and the wholesaler. Last week I had a woman who is realtor back out of my wholesale deal two days before closing. However, my contracts states I keep the EM if buyer does not close except if we cannot get clear title.

  • Contractor · Raleigh, NC · Member since 2014 · 651 posts · 510 votes
    11y

    @Waylon Themer I'm sorry that happened to you.  Don't blame yourself: even when you do everything "right" things can go wrong...especially when dealing with [dishonest] people.  He'll get his.  Thanks for posting. 

  • Investor · Houston, TX · Member since 2015 · 233 posts · 188 votes
    11y

    Wow that's horrible, thanks for sharing your bad experience. Hopefully we can all learn from this. Hope you make back your money soon @Waylon Themer

  • Investor · Roanoke, VA · Member since 2012 · 1k+ posts · 374 votes
    11y

    thanks for sharing @Waylon Themer

    I need to hear that to remind me of the crooks in this biz 

    Good luck to you 

  • Developer · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
    11y

    Painful lesson but you paid it forward by sharing it with us. Thanks again and I hope you can get your money back. Surely there is some sort of fraud that can be reported for this if he did it to many people. And small claims court should be relatively easy and cheap to file, so you might want to look into that.

  • Wholesaler/Real Estate Investor/Consultant · indianapolis, IN · Member since 2009 · 265 posts · 51 votes
    11y

    Waylon Wow So Sorry to hear that Keep your Head up Buddy I hope lots Of People that are reading get this when you sign a Contract an pay any Money I would suggest paying the Title Company or Attorney.

  • Teacher · Sacramento, CA · Member since 2015 · 82 posts · 21 votes
    11y

    Ouch!  That sucks! I'm sorry you got screwed by a shady guy.

  • Software Engineer · Houston, TX · Member since 2015 · 30 posts · 17 votes
    11y

    So sorry to hear what happened to you. Thanks for sharing so that new investors like me know what to watch out for. Hope you fare better next time! 

  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    11y

    This sounds like a outright fraud and criminal case best pursued thru the DA and Bureau of real estate as @Andy Cross said the 3 most important words in a real estate transaction is escrow, escrow, escrow .

  • Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
    11y
    Originally posted by @Waylon Themer:

    First of all, I'm not a rookie, but I behaved like one, and I write this post as more of a cautionary tale rather than an attempt to seek advice.  I know I should have done more due diligence, and I know what my options are to attempt to remedy the issue.  Giving non-refundable deposits to wholesalers to "lock up a deal" whereby the check is written to the wholesaler has become customary in the wholesaling world of real estate in the Houston, TX market (I can't speak for other markets).  In May of 2015, I gave Troy Joyner or FPM Houston Homes and FPM Development a $3,000 check to lock up a $85,000 house located at 2710 Wheeler Street Houston, TX.  As the closing date approached, Troy had excuse after excuse as to why the closing was being delayed.  Then he went silent.  I later learned that he entered into multiple contracts on the same property, and he did this with other properties at the same time. Multiple investors are now attempting to locate him in an attempt to retrieve their money.   Though I had met Troy in person on a couple of occasions at networking events, I did not know him that well.  At the end of the day, giving a wholesaler a deposit is the same as giving him or her a short term unsecured loan only you have a contract instead of a promissory note.  I learned that I need to a) do more due diligence on the title of the property and b) do more due diligence on the wholesaler prior to writing a check to the wholesaler for any kind of deposit.   I am embarrassed that I let this happen to me, but, even more so, I don't want it to continue to happen to others. Be careful out there; don't let my $3k mistake be your own. 

    Wow, how disgusting of a person he is! As a wholesaler I'm embarrassed, apologetic and irritated by reading this thread. I've seen these type of offers from other wholesalers and not that its bad practice to ask for EMD from the end buyer but it warrants a title company, lawyer or agent(one that you trust/know) to handle the funds to avoid this - for those actual rookies reading this thread. As you stated even though you're not a rookie, mistakes happen. You figure you want to move on it fast and get it under contract then close a.s.a.p. I know I've made haste moves even after writing a plan. Human error - this particular time a costly one. Since this vile individual decided to rip-off probably the only buyers he ever will have, I hope it was worth it to him. Karma is a mother.....

    Kudos,

    Mary

  • Miami Lakes, FL · Member since 2015 · 133 posts · 83 votes
    11y

    Thanks for posting your experience, as embarrassing as it is it helps everyone else.

    Your post prolly just paid for my subscription. Invaluable information.

  • Professional · Sydney, NSW · Member since 2015 · 21 posts · 1 vote
    11y

    Your a trooper for warning others.

    Thanks very much!!!

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    11y

    Glanced at the first page.

    Pay attention wholesalers!

    You have a good chance of getting your money back or at least a judgment. This was fraudulent dealing having multiple contracts on the same property. 

    Here's the thing about wholesaling, if they show up in court, they will strike out, they can't hit a home run acting as a strawman without a license.

    If they aren't breaking the law, they are skirting it and the more deals they have done, the closer they get as being seen as a dealer in real estate, being in the business has a much different flavor than a one time assignment that can be perfectly legal. 

    Wholesalers can get into a very weak position to enforce their contracts or what they are doing, it's not like they can call up TREC and report some buyer or seller who stiffed them. 

    Covert operators don't want to be discovered! 

    Keeping a low profile is usually prudent as a wholesaler. They just aren't in a good position to cast stones at a glass house!

    So, if a wholesaler takes you, makes a mistake you relied upon, gives false information, you have recourse, even if the deal closed a month ago or 6 months ago. 

    I'm not starting the argument of wholesaling being legal or not, I'm saying that in real estate a middleman is never seen in the best light jacking up a sale price while standing in front of a judge.   It's Perception! 

    When the intent of the law is not followed, the letter of the law may be less important, the judge looks to justice and how to apply the law to get there. 

    There are no "iron clad" wholesaling contracts and non-refundable is eye wash, not reality. Destroy the acts, show the conduct and the contract falls as well as agreements to keep any money.  

    And, in this case, you might look to the Attorney General, they can find the guy!

    Too bad too, a guy has to skip town or go hide out for 3K! I'd say he's out of business. 

    Caution too! Paying amounts outside of settlement of a real estate closing without disclosure of who got paid and what was paid is a violation of law and tax codes. If RESPA doesn't apply, tax laws do in all RE transactions. :)

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