Legal Advice on Wholesaling Through Realtors

Legal Advice on Wholesaling Through Realtors

Roanoke, VA · Member since 2016 · 29 posts · 44 votes

So I am in the process of setting up a wholesale business (Roanoke first, then Knoxville). I have been working very hard at developing the "backside" of my business before going live; getting budgets and accounts in place, establishing my LLC, website registered, extensive buyer list, etc.

One tactic that I have been introduced to has been working with local realtors to find deals before they reach the MLS. In a nut shell I establish relationships with local realtors who list homes in rental areas (check). Next, I find a realtor who is willing to work with me on writing deals and representing me (check).

But here’s the snag I’ve hit, the realtor and firm who is willing to work with me turned me down once I reached their legal group. This after meeting with the realtor, their broker and their in house title agency. All three of the former were good to go, just the legal group who said, “pass.”

The legal concern was the liability in representing me as the wholesaler. According to their legal group “wholesalers are always being taken to civil court” presumingly because the wholesaler does not follow through on the contract they wrote to purchase the property. The assumption from the legal group is that the wholesaler was unable to find a buyer for the contract so they do not close, thus moving the issue to civil court.

So a long story short, the legal group does not want to be exposed to such liability. I hate this because up to this point the realtor, broker and title agency are all on board.

How can I work around this as a newbie wholesaler? Has anyone else experienced this as a wholesaler? Is double closing the only option to solve the problem (I understand I then need to have the cash to close)? Or is there another work around to having them represent me as the wholesaler and me limit their liability?

Thanks for the input!

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
10y

Agreed, the problem you're going to have with most agents is not the "legal" issue, it will be the "waste of time" and "disservice to their clients" issues.  No competent agent, me included, is going to knowingly have their seller enter a contract with someone who has neither the intention nor the ability to actually buy the property, and is solely hoping to flip the contract to someone else at a higher price.  Any agents wanting to knowingly do this with you are frankly idiots.

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  • Houston, TX · Member since 2016 · 349 posts · 142 votes
    10y

    @Doug Price It will be hard to find a realtor to be able to help you. They will all say yes and can't wait to work with you because they haven't thought the process through and only see dollar signs. The legal snag you are having is due to the percentage of deals people walk away from at the closing table. The best way you will have success is to do a double close but there will be more costs and you will have to have the funds to close on your end. The best thing you can do now is find exactly the type of house your buyers are looking for and find that house for them. If you are able to network with other wholesalers, you can build that network up much faster.

  • Investor · Orlando, FL · Member since 2016 · 1k+ posts · 780 votes
    10y

    If you are going to continue to work with them you WILL need to close the deal and then immediately sell it, unless it is a bank owned deal in which case you CAN'T sell it for at least 90 days after you buy it. That is the conditions the banks set up for your purchase.  Just DON'T tell them you are a wholesaler, but an investor.

  • Wholesaler · Mishawaka, IN · Member since 2013 · 438 posts · 346 votes
    10y

    @Doug Price I think you're missing the main point here. Being a wholesaler means you posess the ability to find and negotiate "OFF MARKET" deals that no one else can find. That is the value in being a wholesaler. There are most likely several people in your market who gain access to pre-listed deals before they hit the MLS, so it wouldn't give you any advantage to get them ahead of time. Plus the other people who are getting those deals ahead of time have fat pockets and can close with cash. Stick to finding off market deals, unless you're looking for REO's in the MLS. Also, use a double close if needed and you will have POF letters so that you can always close and have funding in advance, and the agency will have nothing to worry about.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Agreed, the problem you're going to have with most agents is not the "legal" issue, it will be the "waste of time" and "disservice to their clients" issues.  No competent agent, me included, is going to knowingly have their seller enter a contract with someone who has neither the intention nor the ability to actually buy the property, and is solely hoping to flip the contract to someone else at a higher price.  Any agents wanting to knowingly do this with you are frankly idiots.

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