Please fill me in… whole sale company vs property owner

[Amanda Long]

Was in a purchase agreement with a “wholesale company” from CO. They marked X optional for EM. Closing date was 2/29/2024.
company said end buyer would put down EM and escrow would then open. 

Figured out after signing the agreement the “agreed on” was nothing of the sorts. They were ONLY going to sell the “contract”. 

Everything verbal was to get me to sign there hidden intentions contract and to as time went - purposely break the contract allowing me to believe I could pick the availably showing times when in the “contract” said home has to be available. 

Needless to say it’s been an absolute nightmare. Big lesson. That will never be repeated. 

Lawyers said them not being transparent and listening the properties on the market for FMV without us agreeing to all the pricing differences.

They Hired a realtor (assigned clause that was to only be so they could sell the contract to an investor) to list, show sell the property on the MLS. She didn't start till mid-January. Contract was up 2/29/24.

Lawyer said we did not have to extend our closing date. An offer was put in but the loan to close for that buyer was after our closing date. So I said I didn’t want to extend my contract. 

That person put in a written complaint against the realtor. 
lawyer(s)  said we can re-list our properties after the contract closing date expires. Now we can’t because of that complaint! 

Q- Company is still trying to say they are still in contract, how? It’s past the closing date, the realtor had the listing terminated 2 weeks prior to the end of the contract. How? 

Q- How is it the seller is the bad one in this situation? They are trying to tell me they can just keep extending (under the escrow claus- no escrow was opened) 

Q- Lawyer said no payment by closing date contract over, we are free to re-list property- realtor has complaint and can’t re-list till she hears from the RE Commission, on there decision on the complaint, how? 
Once the complaint is resolved I’m free to re-list right? 

I don’t not understand how a seller has zero rights in this matter except to be told I’m the bad one all the way around. 

This has been the biggest most awful nightmare ever!!!! 

[JD Martin]

Your post is really hard to follow. I assume you are the seller here.

1. It's pretty common that if someone is wholesaling, they are going to sign a contract to buy your house and then sell (assign for a fee) the contract to someone else. You didn't have any earnest money from them so you basically had nothing of value.

2. I don't know what state you're in but I don't know of any state that lets someone who doesn't own the house sign a contract with a real estate agent to market the house, unless that person is a bona fide agent of the seller (IE a property manager). 

3. If the "buyer" (the wholesaler) didn't complete the contract in good faith, then there shouldn't be any reason you can't list the house for sale. If they are trying to put a lis pendens in place to prevent you from being able to sell to anyone else, a quick letter from your lawyer will usually clean that up. 

Bottom line: virtually always, sellers are better off working with licensed real estate professionals in their state than unlicensed individuals or companies.