Net Listing vs Wholesaling?

Net Listing vs Wholesaling?

Wholesaler · Saint Ann, MO · Member since 2014 · 50 posts · 27 votes

Can someone please explain the difference (if there is one) in a Net Listing vs wholesaling?

My understanding of a Net Listing:

Net Listing provision states that seller will receive a net amount of money (say 150k for their house) from any sale, with the excess going to the listing broker as commission (broker sells for 175k, keeps 25k for them self). The broker is free to offer at any price greater than that net amount. Because a Net Listing can create a conflict of interest between the broker's fiduciary responsibility to the seller and the broker's profit motive, however, net listings are illegal in most states and are discouraged in others.

So is there no difference? Or is there a difference because in wholesaling the deal is typically non-commissioned?

To my knowledge, the only way I see around this is if you buy outright someone at x price, close, then sell at y. Because then you can sell for whatever you want with no fiduciary responsibility to a seller.

Does an Option to Purchase Contract, with full disclosure that you will be marketing for a profit, allow the ability to do this?

I appreciate any feedback.

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Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
11y
Originally posted by @Steve Christensen:

I am hoping @Bill Gulley weighs in on this. Not only because he is from my state, but I have seen his posts, and his knowledge is incredible.

I'm thinking the end result is, you must close. I know people wholesale, but it seems that if you want to be 100% covered, you must 1) be licensed, 2) disclose your intentions 3) close on the property.

Really looking forward to hearing the feedback!

 Thank you Steve!

You are absolutely right, there is no difference. 

Yes, wholesaling the way it is being taught is the same thing as brokering a property, the end result is the same, justifications to the contrary are based on the vehicle used to get there, it doesn't change the results.

In Missouri, the law states "facilitate a sale" and wholesaling as most try to do would be illegal without a license. It is also a catch 22, as Fred mentioned, a conflict of interest, dealing in a way that is detrimental to the owner. Basically, you're taking equity owned by the property owner, the seller, as an agent you're the expert in the room so you have another issue in dealing fairly, fully disclosing the value of a property is part of an agent's duty, with or without a listing agreement.

There are threads on BP with over 100 posts arguing this matter. The only two RE brokers I've seen in the yes you can camp is one who is rather a guru for wholesaling, and another in CA. where net listings are legal with certain disclosures. No attorney I've noticed is in the yes you can camp. Those who are are attempting to or are doing wholesaling, who advocate for wholesaling do so as it's more of a psychological matter of defending your actions or desires rather than admitting the end result, there are simple justifications and often, that involves the wording of the statutes. 

That same approach to understanding the laws is like claiming you're selling the brief case, not the illegal drugs inside. It's the end result that matters, not the path taken to get there. 

We can't ignore the intent of laws, regulations or rules attempting to justify our actions by defining every word written in them, this is why we have judges in courts and regulators in administrative law. They will be looking at the end result working backwards to the path taken getting there, the type of contract used can be irrelevant. The type of car used in a get-away doesn't matter.  

Assigning a contract is legal, the issue is that when all you do is assign contracts as a business model, the intent of your actions changes. Also at issue is the fact that while you sign an agreement to purchase, be it an option or purchase contract, you have no intention to honor they contract as made, there is no meeting of the minds there. 

Assigning contracts as a business model is totally different than someone assigning a single contract for some reason, even if the reason is profit motivated. Doing one deal is different than having the intent of not closing as agreed and doing so time after time. 

Using options, IMO, is much safer as you have no obligation to purchase, but use options time after time, you're back to facilitating transactions and needing a license.  

Has anyone heard of a wholesaler getting "stiffed" by a seller or end buyer, I have on BP, a common question by wholesalers is how do I protect myself? Have you ever heard of a wholesaler enforcing a purchase contract they assigned? I haven't, that's probably because they can't enforce a contract where they didn't have the intent or ability to close as agreed.

Can you accomplish the goal of wholesaling legally? Yes, by closing in the name of the buyer on the purchase contract. I will be teaching wholesaling latter on, there are several ways to accomplish the closing, yes, even if you have no money and have no other job or poor credit, just don't have general lien type judgments against you! This would be legal in all states without any hitch. 

I'm not against "wholesaling" in the right circumstances, I'm dead set against how gurus and most "coaches" teach it, lying about imaginary partners, weasel clauses and silly disclosures. 

Last word on this rant, on my 6th anniversary on BP, :) , if you ever have to justify your action in any business transaction, you're wrong! Business should be conducted in a way that justifications never need to arise in the first place. This is from my business ethics class,  think about it, why are justifications needed to act in some manner?  :)

See this reply in the discussion

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  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    11y

    IMO there is little to no difference between the two. That is why myself and many other industry pro's consider wholesaling simply brokering without a license.

    Buying, closing and reselling would be totally fine for the unlicensed individual. It could run a licensee into some hot water if the seller later believes that the licensee equity stripped them.

  • Wholesaler · Saint Ann, MO · Member since 2014 · 50 posts · 27 votes
    11y

    @James Wise that's what I'm thinking too. Along with your last sentence, it doesn't seem like you can do anything right, as a wholesaler then. 

    What I mean is, many, after what happened in Ohio, are recommending that you get your license so you're not brokering without. I am licensed. 

    I state my intentions up front with everything, but unless you buy and close for yourself, it seems as if there is always this elusive grey area hanging out there.

    Thank you for the reply!

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y

    I absolutely must hear more on this. I hope industry superman and newbies as well continue to add to this post. I myself have just formed my own REI Company and I am new to the scene so I have much to learn. This is a subject that I would like to hear a lot of different thinking industry professionals weigh in on.

  • Wholesaler · Saint Ann, MO · Member since 2014 · 50 posts · 27 votes
    11y

    I am hoping @Bill Gulley weighs in on this. Not only because he is from my state, but I have seen his posts, and his knowledge is incredible.

    I'm thinking the end result is, you must close. I know people wholesale, but it seems that if you want to be 100% covered, you must 1) be licensed, 2) disclose your intentions 3) close on the property.

    Really looking forward to hearing the feedback!

  • Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
    11y

    Net listings are illegal in a lot of states, as they should be. Net listings create an inherent conflict of interest between serving the best interests of the seller and serving the best interests of the broker.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y

    I of course want agents on my team for when they are needed but I don't believe I'm looking to get my license unless I'm forced to. I have no problem with rules, guidelines, and regulations. However over regulation is an entirely different matter.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    11y

    I disagree with @James Wise' point of view that wholesaling is simply acting as a broker without a license.   But I do not do business in OH where this has come under strong scrutiny.   The law in this are is likely to change quickly. law can get hyper technical. so it is important that you know the law in your area. 

    I do agree that "wholesaling" as an agent is a risky idea. Many suggest that it is safer to do as an agent. I think this is absurd. As an agent you are held to a higher standard, you have a fiduciary duty to clients and a legal responsibility to deal honestly and fairly with all parties. In addition regardless of how you structure it, a liberal judge could rule that you have essentially done a net listing. 

    The reason I disagree with James is that virtually all laws regarding brokerage use the term "For another", in other works if you are acting on your own account, you are not acting as a broker. 

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    11y
    Originally posted by @Steve Christensen:

    I am hoping @Bill Gulley weighs in on this. Not only because he is from my state, but I have seen his posts, and his knowledge is incredible.

    I'm thinking the end result is, you must close. I know people wholesale, but it seems that if you want to be 100% covered, you must 1) be licensed, 2) disclose your intentions 3) close on the property.

    Really looking forward to hearing the feedback!

     Thank you Steve!

    You are absolutely right, there is no difference. 

    Yes, wholesaling the way it is being taught is the same thing as brokering a property, the end result is the same, justifications to the contrary are based on the vehicle used to get there, it doesn't change the results.

    In Missouri, the law states "facilitate a sale" and wholesaling as most try to do would be illegal without a license. It is also a catch 22, as Fred mentioned, a conflict of interest, dealing in a way that is detrimental to the owner. Basically, you're taking equity owned by the property owner, the seller, as an agent you're the expert in the room so you have another issue in dealing fairly, fully disclosing the value of a property is part of an agent's duty, with or without a listing agreement.

    There are threads on BP with over 100 posts arguing this matter. The only two RE brokers I've seen in the yes you can camp is one who is rather a guru for wholesaling, and another in CA. where net listings are legal with certain disclosures. No attorney I've noticed is in the yes you can camp. Those who are are attempting to or are doing wholesaling, who advocate for wholesaling do so as it's more of a psychological matter of defending your actions or desires rather than admitting the end result, there are simple justifications and often, that involves the wording of the statutes. 

    That same approach to understanding the laws is like claiming you're selling the brief case, not the illegal drugs inside. It's the end result that matters, not the path taken to get there. 

    We can't ignore the intent of laws, regulations or rules attempting to justify our actions by defining every word written in them, this is why we have judges in courts and regulators in administrative law. They will be looking at the end result working backwards to the path taken getting there, the type of contract used can be irrelevant. The type of car used in a get-away doesn't matter.  

    Assigning a contract is legal, the issue is that when all you do is assign contracts as a business model, the intent of your actions changes. Also at issue is the fact that while you sign an agreement to purchase, be it an option or purchase contract, you have no intention to honor they contract as made, there is no meeting of the minds there. 

    Assigning contracts as a business model is totally different than someone assigning a single contract for some reason, even if the reason is profit motivated. Doing one deal is different than having the intent of not closing as agreed and doing so time after time. 

    Using options, IMO, is much safer as you have no obligation to purchase, but use options time after time, you're back to facilitating transactions and needing a license.  

    Has anyone heard of a wholesaler getting "stiffed" by a seller or end buyer, I have on BP, a common question by wholesalers is how do I protect myself? Have you ever heard of a wholesaler enforcing a purchase contract they assigned? I haven't, that's probably because they can't enforce a contract where they didn't have the intent or ability to close as agreed.

    Can you accomplish the goal of wholesaling legally? Yes, by closing in the name of the buyer on the purchase contract. I will be teaching wholesaling latter on, there are several ways to accomplish the closing, yes, even if you have no money and have no other job or poor credit, just don't have general lien type judgments against you! This would be legal in all states without any hitch. 

    I'm not against "wholesaling" in the right circumstances, I'm dead set against how gurus and most "coaches" teach it, lying about imaginary partners, weasel clauses and silly disclosures. 

    Last word on this rant, on my 6th anniversary on BP, :) , if you ever have to justify your action in any business transaction, you're wrong! Business should be conducted in a way that justifications never need to arise in the first place. This is from my business ethics class,  think about it, why are justifications needed to act in some manner?  :)

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y

    I love Bill Gulley. Another new found source of obviously quality advice and info...

    This site and it's members continuously and consistently blow me away...

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    11y
    Originally posted by @Ned Carey:

    I disagree with @James Wise' point of view that wholesaling is simply acting as a broker without a license.   But I do not do business in OH where this has come under strong scrutiny.   The law in this are is likely to change quickly. law can get hyper technical. so it is important that you know the law in your area. 

    I do agree that "wholesaling" as an agent is a risky idea. Many suggest that it is safer to do as an agent. I think this is absurd. As an agent you are held to a higher standard, you have a fiduciary duty to clients and a legal responsibility to deal honestly and fairly with all parties. In addition regardless of how you structure it, a liberal judge could rule that you have essentially done a net listing. 

    The reason I disagree with James is that virtually all laws regarding brokerage use the term "For another", in other works if you are acting on your own account, you are not acting as a broker. 

    Gross misinterpretation of "for another".  If the one doing the marketing does not own the property that they are marketing they are marketing a property "for another" no matter what they choose to tell themselves.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y
    Originally posted by @James Wise:
    Originally posted by @Ned Carey:

    I disagree with @James Wise' point of view that wholesaling is simply acting as a broker without a license.   But I do not do business in OH where this has come under strong scrutiny.   The law in this are is likely to change quickly. law can get hyper technical. so it is important that you know the law in your area. 

    I do agree that "wholesaling" as an agent is a risky idea. Many suggest that it is safer to do as an agent. I think this is absurd. As an agent you are held to a higher standard, you have a fiduciary duty to clients and a legal responsibility to deal honestly and fairly with all parties. In addition regardless of how you structure it, a liberal judge could rule that you have essentially done a net listing. 

    The reason I disagree with James is that virtually all laws regarding brokerage use the term "For another", in other works if you are acting on your own account, you are not acting as a broker. 

    Gross misinterpretation of "for another".  If the one doing the marketing does not own the property that they are marketing they are marketing a property "for another" no matter what they choose to tell themselves.

     This is my thought process entirely. I want to be able to provide homeowners and buyers with as many viable options as possible. I don't want to do this neutered and with one arm tied behind my back.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y
    @James Wise

    Gross misinterpretation of "for another".  If the one doing the marketing does not own the property that they are marketing they are marketing a property "for another" no matter what they choose to tell themselves.

    This is no more a misinterpretation than I am an astronaut or big purple cartoon dinosaur...

    All laws are open to interpretation in this country what do you think lawyers and judges do for us everyday...

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    11y

    A couple thoughts @James Wiseand @Ned Carey

    "Wholesalers" --(I prefer to call them contract brokers) marketing a contract are acting legally. Where they cross the line (in my opinion and in some state regulators opinions) is marketing the property rather than the contract. I often see them advertise using phrases such as "owner wants it sold", advertising the property as being tenant occupied, offering to set up showing appointments, etc. The "wholesalers" operating  like this can call it anything they want! States leveling fines and cease and desist orders can call it brokering without a license. As to James Wise comments about purchasing a property under market and then reselling it (with an agents license) that is common. I offer to list and buy the same property. I use the following language:" buyer is a licensed agent, purchasing below market, and with a profit motive. Consult your attorney." Having offered the owner x to list it or y to purchase it outright is, IMO, a fair and honest manner to operate. I could see no legal challenge with using this language. Simply stating "buyer is a licensed agent" leaves it wide open for a remorseful seller to state: yes, he said he was an agent. I didn't know he was paying me a lot less than it was worth and he didn't tell me! I have no intention of operating as a contract broker, and have no intent of misleading owners that their house is sold when in fact, if the contract cannot be assigned, I simply give them a line of bulloney and walk. I will leave that up to dishonest fast talking fraudsters!  Many could make a valid argument that "contract brokering" by an agent could be a net listing. IMO, avoid the potential legal ramifications.

  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    11y

    @Bill Gulley

    Post of the day! My thanks for the clarity and eloquence.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    11y
    Originally posted by @James Wise:

    Gross misinterpretation of "for another".  If the one doing the marketing does not own the property that they are marketing they are marketing a property "for another" no matter what they choose to tell themselves.

     I love @Dan Dwyer's response to this. 

    No James it is not a "gross interpretation". I have a legal interest in the property. I have the right to market that interest. When I market that property it is for  my benefit not the owners How does the owner benefit in any way from me marketing the property? 

    In your state, which is the exception, the case has been made you can market a contract but not a property. I don' t believe that is typical of most state laws it is not in my state. In act the MLS in my area has states that it is OK to list on the MLS a property you have under contract.

    Furthermore let's look at the intent of the law. The brokerage laws were designed to protect consumers, from people offering to help sell their property, that did not have the skills and training to do so properly. If wholesaler is taking that approach, "I can help you find a buyer" then yes I would agree they are breaking the law.

    Are their ways to do wholesaling in that are illegal, certainly. That doesn't make the entire practice of wholesaling illegal. The are ways to practice brokerage with a license that are clearly illegal to.

  • East Stroudsburg, PA · Member since 2015 · 22 posts · 10 votes
    11y

    You can break down the laws, regulations, terms, licenses etc.   At the end of the day, it's a hustle.   Why do you wholesale?   To make money, as simple as that.   That's why I feel like at the end of the day, just be upfront with the seller, if you're an agent or not.   Remember, you're dealing with people's houses, keyword PEOPLE.   It's more of a trust thing than anything.   If you make the contact, or they make the contact ( the seller ) at some point of the conversation, they have to be able to trust what you're doing, even your end buyer, IT'S BASED OFF TRUST.   If you're if you're upfront with everything, it won't raise suspicions, but at a point in time, yeah you should get your license, and once again, BE UPFRONT.   Not saying anybody on this thread is dishonest, I believe you guy conduct business in a orderly fashion, but marketing a property goes back to being upfront, JUST ASK.   If they agree, I don't see the issue.   If they know how much you're making ( buyer or seller ) I don't see the issue.   If you can double close with the title company using the buyers money, AND THEY ARE COOL WITH IT AND THE TITLE COMPANY ALLOWS IT, I don't see the issue.   I started wholesaling a month ago, and within my first 2 weeks, I closed on a property and I have 5 more down the pipeline that are getting ready to close.   The fact of the matter is, know the laws in your area regardless.   The second thing is, stop making it more complicated than it already is.   If you're driving to work, you know there's risks, you could get into an accident, somebody could rear end you, get out the car and hold you at gun point, I mean should I really get into it?  But yet, you still have to get to work, and it's not going to stop you from going the next day, and the next day, and the next day.   I like the information that's been provided on this thread, because I'm a student of the game, and I didn't sign up for any real estate classes or anything like that ( plus my cousin is a lawyer lol ) I just got it and understood the whole process.  And I'm a "newbie" which is a dumb word to me personally, we should get rid of that.   Seriously, it's dumb.

  • Flipper/Rehabber · Chicago, IL · Member since 2013 · 319 posts · 153 votes
    11y

    Thanks for all the replies, I have learned a lot here. The big debate on wholesaling vs being licensed always brings an interesting discussion. Thanks for the post @steve

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y

    @Steve Christensen great job breathing life back into a continously debated topic that have many minds sitting on both sides of the fence. Thank you for the opportunity to weigh in with my two cents on a hotbed of varied opinions.

  • Wholesaler · Saint Ann, MO · Member since 2014 · 50 posts · 27 votes
    11y

    @Bill Gulley - could you, or anyone for that matter, care to elaborate on how you can do wholesaling, legally?

    The only way I know of doing what was mentioned, is closing with Transactional Funds. Is this what you mean Bill?

    I've enjoyed the responses, but as you mentioned Bill, there are numerous posts on here, debating the legality of wholesaling, to be licensed or not, to use Option Contracts vs Purchase and Sale Contracts, intent to close or not, etc....and through all of them, at least for me, I have yet to see a clear path of how to do it. Yes, I know this is going to be state by state, but there has to be some basic level to do this ethically and legally, without justifications.

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

    @Steve Christensen

    Yes, there is.

    1. Use transactional funding and close.

    2. Use a business entity with your buyer, then step out with your interest.

    3. Use A TIC, the contract can stipulate that you are to take title as tenancy in common with an undisclosed principle.

    #1 is the most expensive way. 

    #2 is done with the proper LLC set up and either the buyer or you can withdraw from the entity as a member, if the buyer steps out, they take the property with them, simply file a deed of conveyance after settlement.

    #3. Is the least expensive, take title together and quit claim your interest to him, this is when you earn your fee and you're transferring your interest, not a contract. 

    Instead of trying to circumvent laws, just use them :) 

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y
    Originally posted by @Bill Gulley:

    @Steve Christensen

    Yes, there is.

    1. Use transactional funding and close.

    2. Use a business entity with your buyer, then step out with your interest.

    3. Use A TIC, the contract can stipulate that you are to take title as tenancy in common with an undisclosed principle.

    #1 is the most expensive way. 

    #2 is done with the proper LLC set up and either the buyer or you can withdraw from the entity as a member, if the buyer steps out, they take the property with them, simply file a deed of conveyance after settlement.

    #3. Is the least expensive, take title together and quit claim your interest to him, this is when you earn your fee and you're transferring your interest, not a contract. 

    Instead of trying to circumvent laws, just use them :) 

     Thank you for sharing this insight I have once again been reminded in spite of my best efforts I still know so little and have so very much to still learn. Have a great day gentlemen.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    11y
    Originally posted by @Bill Gulley:

    @Steve Christensen

    Yes, there is.

    1. Use transactional funding and close.

    2. Use a business entity with your buyer, then step out with your interest.

    3. Use A TIC, the contract can stipulate that you are to take title as tenancy in common with an undisclosed principle.

    #1 is the most expensive way. 

    #2 is done with the proper LLC set up and either the buyer or you can withdraw from the entity as a member, if the buyer steps out, they take the property with them, simply file a deed of conveyance after settlement.

    #3. Is the least expensive, take title together and quit claim your interest to him, this is when you earn your fee and you're transferring your interest, not a contract. 

    Instead of trying to circumvent laws, just use them :) 

     Thank you for sharing this insight I have once again been reminded in spite of my best efforts I still know so little and have so very much to still learn. Have a great day gentlemen.

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    11y

    There are other relevant responses addressing this same question of Net Listing vs Wholesaling in this other thread:- 

    https://www.biggerpockets.com/forums/93/topics/167... Cheers...

  • Realtor / Listener / Coach · Charles Town, WV · Member since 2015 · 46 posts · 23 votes
    10y
    Originally posted by @Bill Gulley:

    1. Use transactional funding and close.

    2. Use a business entity with your buyer, then step out with your interest.

    3. Use A TIC, the contract can stipulate that you are to take title as tenancy in common with an undisclosed principle.

    #2 requires you to setup a separate business entity for every purchase, which seems expensive and cumbersome as opposed to #3.

    I'd love to hear more about option #3, especially from someone who has done this. Anybody here? Is it possible to utilize #3 if you're an agent?

    I'm in WV and pursuing my real estate license for many reasons, one of which was that I thought (as mentioned here, scroll down to "The Right Way to Wholesale?"), that it would be better to be licensed to do wholesaling--but the more I'm learning, the more I feel like that's not the case, at least in my state.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    10y

    @Joshua Beall

    Basically, wholesaling as "instructed" is a net listing, an agreement to allow a facilitator to profit over an agreed price with an owner. 

    The way to stay out of trouble is to take title!

    You don't need a different entity for each deal!

    I guess I'm going to use the word "secret" only because few really know how to manipulate operations in an LLC, excluding our BP attorneys. :)

    Okay, the secret is; you admit members to the company, what they do is included in your operating agreement. I hold a special meeting, I elect to admit Joe the buyer, any registration requirement at the state level probably is minor fee, if any requirement exists. 

    My contract is executed in the name of the LLC, not me personally but I sign binding the contract.

    I admit Joe, he has a capital account, money comes in, it's an accounting entry. Another entry is our purchase, debit cash credit property asset. 

    Your entity can be a Series LLC, so the property is really Joe's asset and under his control according to the operating agreement.

     If it not a Series, Joe is still entitled to the asset and control according to his capital account and the operating agreement.

    Joe can do whatever, fix and flip, rent it, paint it blue if he wants to.

    The profit to me is under the administration of the LLC, my fee, or whatever we agree to do.

    Now, if Joe doesn't want to stay in my company, fine, we close in our LLC name, make our accounting entries, then Joe withdraws his assets from the capital account and can deed the property however he wants to, ths is not another purchase but a transfer of assets held by Joe.

    However, caution, states have transfer taxes, transferring a deed may have tax consequences, so check  with your tax folks!

    LLCs can have a revolving door, other members enter, they can stay or leave. 

    Your operating agreement rules, so you can toss out all the assignment contract stuff, all the BS deceiving a seller, having make believe partners who you have no relationship with. 

    These known buyers can sit in an LLC, avoiding many liability issues with an empty capital account, they can also be in a non-voting status, your operating agreement has a hold harmless and indemnification agreement, you can also remove any member at any time. You do need to know who you deal with, but it's primarily the accounting of assets and liabilities that will dictate the responsible party. If Joe takes bankruptcy or kills 7 kids and a Nun in a school crosswalk, I can kick him out and all I need is an accounting to present that Joe didn't have zip in the company. Also, a buy sell agreement is handy to be executed upon certain events, cash out the departing member, this too goes to the operating agreement.

    As to operating agreements, you only do one and keep it, you can change or amend it as needed, but you do need one adopted. Admitting members and removal of members will be covered under state law, widely the same procedure and accounting requirements, nothing complicated really. You'll find the requirements in your state corporate law governing LLCs. 

    Next, yes you can take ownership in title with a TIC as an agent, just need your disclosures as a licensee. Being in title is much different than acting as an agent, broker, strawman, or facilitator of a transaction, there is no net listing issue when you are in title.

    Title held as a TIC is very common in multi-family and commercial properties but you're free to hold title to a single family dwelling or raw land just the same. Joint ownership is often conveyed as a TIC from inheritance automatically to unmarried parties. Tenants in common is no secret!

    A TIC Agreement is a bit more complicated done properly, but if you have one for a strategy then it can be duplicated over and over or modified as necessary for the deal.

    And, yes, I have used TIC in financing, buy and hold, flips, development, options, installment sales, it applies to anything you need to do with an unrelated party, heck, you could be related too! It's just a form of ownership.

    Search for TIC on BP, I've gone into greater details before.

    Staying compliant with laws and acting ethically is not hard to do, it is when you jump on the run away circus train with clowns wholesaling, especially when they think they are in the business of wholesaling.  :)   

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