Wholesaling a Property that is Listed with an Agent?

Question

Hey everyone,

I am about to put a property under contract, but the seller already had an agreement with a real estate agent. Who would sign the purchase contract I give them? The Seller or the agent? Should i get the seller to sign the purchase contract and don't worry about the agent until I find a buyer or should I inform the agent to begin with?

Federico Gutierrez · Answer

Has an exclusive right to sell/listing contract been signed by the seller and broker? IF so your contract is worthless. Should you find/assign the contract to an end buyer the broker is full right to all commission made on the sale of the property as they have the exclusive right to sell the property NOT YOU, and the seller will need to pay the broker a commission. Walk away from this. Possibly take it as an opportunity to go get your RE license

Michael Ablan · Answer

I would get the agent on board ASAP.  The seller could be in breach of contract for conducting business without their realtor knowing.  Normally the seller is supposed to direct all transactions through their realtor, but it all depends on the contract they have with each other

Christopher Phillips · Answer

@James Gleeson

Offers should go through the listing agent, unless it's an open listing. Owner signs the contract, but the listing agent needs to be aware of it.

James G. · Answer

What would happen if the listing agent was told AFTER the purchase contract has already been signed by the seller? @Christopher Phillips

Wholesaling a Property that is Listed with an Agent?

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