Wholesaling in unethical... why or why not?

Wholesaling in unethical... why or why not?

Real Estate Agent · San Antonio, TX · Member since 2017 · 523 posts · 362 votes

Hi guys I was thinking about this today and just wanted to ask this question and see what  your opinion on the matter is. Many people in and out of real estate frown upon wholesaling. There are so many negative stigma's and opinions towards it. I just want to ask why do you think people view it as wrong, unethical or shady? I personally don't think it is any of those things, because I view it as every other aspect of real estate, problem solving. You are providing value and a solution for others. I know that there are some bad wholesalers just like there are bad people in every profession. I think this kind of trickles down and stems from the negative attitude towards people in real estate in general. As I have transitioned into wholesaling I have come to realize that it isn't all peaches and cream, and is actually very hard. Definitely not as easy as guru's and people on FB, and YouTube make it seem. I see many wholesalers work hard, help others, and provide value to both the seller and the investor, yet they are called "vultures" and seen as the bad guys. What would it take to change this? What is it going to take to change the overall view on real estate investors to a positive one?

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Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
8y

@Michael Guzik Don't waste your time trying to change the perceptions of the general public. There are only 3 groups of people who's opinions matter:

1. Sellers. If they're motivated they don't care about anything other than: "Can you solve my problem?"
2. Buyers. If they're motivated they don't care about anything other than: "Can you solve my problem?"
3. Friends and family. Just tell them you flip houses. They'll think you're a rock star.

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  • Specialist · Fort Lauderdale, FL · Member since 2016 · 187 posts · 128 votes
    8y

    How are values in Roundrock and San Marcos. This is the second time I've heard of the latter which has piqued my interest.  

  • Saint Joseph, MO · Member since 2018 · 401 posts · 244 votes
    8y

    I think illegal, and unethical are two different things.  I have wholesaled exactly 0 times, but if I ever do get the chance, I will be 100% honest about what I am trying to do.  If I found they would be better served listing it, I would even refer them a good realtor.  I would also try and have a plan to by it myself if for some reason the buyer backed out.  I try and live every day on the Air Force core values, Integrity First, Service before self, Excellence in all we do.  If you live your life on principals, you never have to waste any time trying to decide if something is unethical or not.  Now, that does not mean you can't be doing something illegal and not realize it.  Again, I am no expert.  Not yet at least.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    8y

    @Michael Guzik

    Disclaimer: Just the personal opinions of some dolt on the internet, not legal or ethical advice.

    Wholesaling itself is fine, you purchase something low and sell high. Makes sense, it is the framework of our society. Not going to speak for Canada, because I don't live there. Contract assigning itself is fine and not unethical either. You have 25K in your pocket. You get a contract for a place for 20K, your friend shows up and says I'll give you 30K for it. You assign it over. Sure fine no issues. If your friend fails you just hand over the 20K and keep going.

    Now if you have 2K in your pocket and then put something under contract for 20K and the only way you could purchase it is if (You get lucky, pray really hard, find a complete sucker, hit the lotto). Then you are being unethical and/or illegal. You are not wholesaling, you are playing a shell game. You did not enter into a contract with "Good Faith". Because you can't fulfill your end of the contract. 

  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @Kevin Sobilo I only use options for wholesale deals, and it works well. They're usually non-exclusive too so the seller can continue to try to sell the property themselves at the same time I'm working on it. Sometimes that means I lose out, but it also means I only have to pay $1 for the option.

  • Rental Property Investor · Justin, TX · Member since 2017 · 134 posts · 57 votes
    8y
    Originally posted by @Eric Jacobs:

    How are values in Roundrock and San Marcos. This is the second time I've heard of the latter which has piqued my interest.  

    Well, he told me he bought an 8plex in San Marcos that he is slowly renovating as tenants move out for around $565k I think is what he told me. We stayed in one of those units when we visited for memorial day, and he said he's been putting around $20k per unit in renovations and raising rents to around $1200 per unit. I'm not sure what they are getting for the non-renovated units, but they are going to try to fetch over $1 mil when they are done with it. Might take another year or so, but he's making it happen slowly but surely. I'm up here in the Dallas / Fort Worth area, so I'm not familiar with much other than what he tells me he's doing. But it seems like San Marcos still has deals, and it has the college and the river, which are huge pluses. 

  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    8y

    @Doug P., I think that is roughly equivalent to being an agent and signing a nonexclusive listing agreement.

    I believe with a nonexclusive listing agreement the seller can continue to sell a home, but if you find a buyer you collect a commission.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    8y

    @Kevin Sobilo,

    When it comes to options.The people represented to govern have decided what requires a license to do for another person for money (Cut hair, fix brakes, sell real property, plumbing, electrical, chauffeuring, running a day care). Could in any of those cases, a person offer to sell their house\car\kid to you for $1.00 and then when you fix the electrical\brakes\cut hair on "your own house\car\kid because you have an interest" and then sell it back for the dollar plus a fee?

    I don't know. Sure some regulators/lawyers/judges may just look and say with a grin "What a crafty individual, sure got us go on with your business". Or they may consider it a veiled attempt to save a couple hundred on registering and licensing requirements.

  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    8y

    @Mike Cumbie, the difference being that while wholesalers they aren't representing someone else's interest nor doing work on behalf of someone else.

    If I paid a seller $500 for the option to buy their property for $20k within the next 6 months or give them a $500 earnest money deposit on a sales contract to close in 6 months, I have skin in the game as an investor. If I them turn around and sell that deal to someone else for $25k, I was never in any way doing work for or representing the seller. It isn't a veiled attempt at working around licensing laws.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    8y

    @Kevin Sobilo,

    OK, works for me. I am not a regulator and I have never sent an ad into regulators because they failed to meet the DOS guidelines. My assumption is that when you are trying to find a buyer for your option. You are using words like "For sale, letter sized piece of paper in black ink. Writing is in Ariel font, includes 2 signatures and is discussing a fun project". If you are using words like 123 Main street, 3 bedroom 2 bath, single family home in xyz county with 2 acres. You are brokering real estate. If you have any doubts call the PA department of state and ask them. Ultimately they are going to be the ones to either accept or prosecute.

    Personally I would just pay the $300 to get a license, hang it with a transaction broker (you don't have to pay the thousands for MLS access or to join the board) and then sell the properties the same way you are selling options, except that you can describe the property, have pictures, put up flyers, take out a TV ad if you want. You can charge whatever fee you want to sell. Do an exclusive right to sell or let them still try and sell on their own. Or you can just use options and if someone sends one of your ads in to the DOS deal with it when it comes. Like I said, makes no difference to me I am not regulating the industry.

    If it was up to me a whole lot of industries would have a lot less regulation. There would be no license required for half this stuff. But I don't like spending my time and money defending myself all the time, so I chose to follow the rules they laid out. Plenty of people use loop holes for all sorts of things. 

  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @Mike Cumbie The way you talk it sounds like the US has judges just itching to overturn basic contractual rights at the drop of a hat, I don't buy that. Whether you like it or not assignment of contractual rights is a fundamental part of contract law. I believe that's why that anti-assignment law in BC was so carefully worded to apply only to licensed real estate agents, and specifically exempts all non-licensed individuals and corporations.

    @Kevin Sobilo Exactly. Everyone seems to be confusing the stark difference between entering a contract that says: "I can buy your property for $100,000 within 6 months." vs. "I will try to sell your property for you for $100,000 within 6 months and if I do you will pay me 6% for this service."

    Agents are charging a fee for providing a service for another person.

    Wholesalers are buying and selling contractual rights for themselves at their own risk.

  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @Mike Cumbie I like how your entire argument hangs on this idea that you can't advertise a property you don't own without a license. Guess what? The person on title doesn't own the property either. They own a piece of paper that says they have a bundle of rights toward that property. Same thing with wholesalers. They are buying some of the rights toward that property and selling those rights. That is not brokering. That is investing.

    I've already been investigated by the Ontario Real Estate Council. The second I pointed out that I'm buying and selling property for my own portfolio, the case was dropped.

    Can we all just agree that you need a license if you want to run a service business of helping other people buy and sell their real estate, but if you want to buy and sell real estate for your own portfolio, you do not need a license?

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    8y

    @Doug P.,

     @Kevin Sobilo is more than welcome to take your advice. Use it fully, live by it, call you in to testify on his behalf. Personally I have no idea what is happening in BC or anywhere else in Canada. I don't profess to understand their laws and customs much less what impact their anti-assignment laws effect NY and PA in another country.

    "I can buy your property for $100,000 within 6 months" when you have $63.17 to your name, a credit score of 501 and a 72% DTI, has some effect on the "good faith" part of a contract. Canada may have different parts of contract law though.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    8y

    The rub in wholesaling (where it's legal) is that many (most?) represent in good faith, as @Mike Cumbie said, that they are going to buy this property at $X dollars, when in reality they do not have any access to those funds. If a wholesaler has the intent and ability to close on the property at contracted amount, irrespective of their ability to find a buyer, and it's not illegal, then I don't necessarily see anything wrong with it. But I suspect most states see the aforementioned issue as a primary issue that makes wholesaling real estate illegal. Further, RE agents & brokerages are almost certainly, in every state, required to carry insurance to protect themselves, the buyer & seller from contract and other issues - this is something I would guess virtually no wholesalers do. 

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  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @Mike Cumbie and @JD Martin you guys keep flip-flopping when you're arguments are called out as bogus. One minute it's illegal (brokering without a license), the next it's unethical (promising to buy when they can't afford to).

    I think I'll just end this by calling out the fact that this forum has moderators who are promoting their own businesses with their own agendas that are at odds with the topic of the forum itself.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    8y
    Originally posted by @Doug P.:

    @Mike Cumbie and @JD Martin you guys keep flip-flopping when you're arguments are called out as bogus. One minute it's illegal (brokering without a license), the next it's unethical (promising to buy when they can't afford to).

    I think I'll just end this by calling out the fact that this forum has moderators who are promoting their own businesses with their own agendas that are at odds with the topic of the forum itself.

    I don't see Mike answering the question as promoting his own business and his own agenda, just because he happens to be a realtor. I believe he answered in a factual way. As for me flip-flopping, I said that I personally don't have a problem with it if ethics are being followed. Whether or not the state has a problem with it - as most do - is another matter entirely. What I take issue with is someone misrepresenting their good-faith requirement to fulfill the terms of the contract. As noted above, someone that can't get a loan to buy a coffee at Starbucks is not going to be able to close on a contract. That, to me, is bad faith misrepresentation at best and outright fraud at worst. Most states recognize that, because they recognize that agreeing to buy a house/piece of property is not the same thing as agreeing to buy a car or a used couch, both in the sheer scope of the transaction (most people will not conduct a bigger transaction than buying a house in their entire life) and in the complexity and nuances involved with the sale, such as other contract contingencies, moving truck schedulers, school relocations, etc. You may file that as "don't count your chickens until they hatch", but most states have determined that agreeing to buy someone's property when you know you don't have a chance in hell of closing the loan is operating in bad faith. Realtors in some states may be liable for bad-faith efforts on the part of their buyers, which is why they're required to carry E&O insurance. That may not be applicable in Canada - I can't say - but the original question was "Is wholesaling unethical?". I suspect 95%+ of the people on this board would agree that signing a contract that you know you cannot fulfill is unethical. Now, if you sign a contract with the seller that states that your sole intention is to assign it to someone else, and that is the entirety of your obligation, then tough luck for the seller - but that is not what most wholesaling entails, because most sellers won't agree to something like that.

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  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @JD Martin I think the ethics of the situation can be summed up this way: Realtors come into this forum on a daily basis to slander individuals and the entire wholesaling niche. While wholesalers do not do the same thing in the real estate agent forum.

    It's obvious that the only reason these threads keep coming up is because realtors want to dominate the real estate business. They want it to be made illegal to sell your own property without hiring them to do it for you so they can take a piece of the pie.

    In conclusion. There is absolutely nothing illegal or unethical about buying and selling your own property or contract in a free country. What is illegal and states and provinces take issue with, is buying or selling other people's property for them without a license. Totally separate issue from wholesaling.

  • Real Estate Agent · Atlanta, GA · Member since 2014 · 135 posts · 40 votes
    8y

    I don't think wholesaling is unethical. I just think wholesalers add very little value, usually don't know anything, and inflate the cost of real estate.

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    8y

    From a lawyer's perspective, this topic is "simple" (not really but the basic concept is). Wholesaling --- whatever that may mean to you --- is "legal" in your jurisdiction only if certain scenarios are true. I'm sure there are other scenarios but the following three comes to mind. 

    • There's an express statute that says wholesaling is legal;
    • An appellate court has expressly ruled that wholesaling is legal (although you have to be careful from overreading an appellate decision); and/or
    • The relevant regulatory agency for the jurisdiction has expressly stated that they consider wholesaling to be legal (and they haven't changed their mind since). 

    Unless one of the above is true, the legality of wholesaling is ambiguous at best. You can try to guess whether something is legal and you can look into it to evaluate the legality. But until there is a definitive act, it's unclear.  

    In terms of ethics, I don't think there is anything inherently unethical about wholesaling. The problem I see is that many wholesalers don't know what they are doing. As a result, I often see at least one out of the three parties get screwed in a wholesale transaction. 

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

  • Real Estate Agent · San Antonio, TX · Member since 2017 · 523 posts · 362 votes
    8y

    @Doug P. Very well said. I hate to be an astriskhole but sellers are normally from the "general public" so when going to them and talking to them, the "general" opinion does matter, since they are part of the general public. I see what you are saying but I don't agree to a certain extent.

    @Ryan Mullin I don't agree with you but I respect your opinion and can see why you think it is right. That just isn't applicable to everyone only a select few. I don't know very many people that have the cash to close all the deals that come their way. If that was the case then 99.999999% of people would automatically be out of REI. That's the beauty of this industry is that you don't have to use your own money. I can see where you are coming from and that's certainly a noble way to do things but I just don't think it is practical.

    @Kristopher Gomez Well said my friend. I just asked because a seller I had spoken to kind of brought this up, and also on Podcasts Josh has a very subtle negative attitude and demeanor towards wholesalers that are on the show. I think that some investors in this industry see themselves as above and "better than that" when speaking of wholesalers. I don't know what it is or when it started but I agree with you man we provide value and do a lot of stuff that we don't get credit for. I did something pretty similar for an older lady a few weeks ago and she decided not to sell to us even after all I've done. People don't see that side of the business though they only see what they want to see. very well put brother and I'm glad to hear that you are doing well!

  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @Chris K. Are you saying that PA has a law that says: "It is legal to not commit murder"? And thus it is only legal to not commit murder because there's a law that says it's OK not to kill people? That's a bizarre legal system you've got there!

    @Michael Guzik If a seller is of the general opinion that wholesalers are scumbags you won't be able to change their mind. Same thing with sellers who think realtors are scum. That's usually the first question out of the mouths of FSBOs: "Are you a realtor?" They will only proceed when I assure them I'm not.

  • Investor · Houston, TX · Member since 2017 · 1k+ posts · 871 votes
    8y
    Originally posted by @Caleb Heimsoth:

    It’s only unethical if you make it that. Assuming it’s not outright illegal in your state, people make it unethical by doing the following:

    1. Lying to sellers by saying I’m a “cash buyer”. If you don’t have your own cash or are borrowing it from someone, this isn’t true. Tell them you have an end buyer.

    2. Overestimating ARV and underestimating Repair's. This is probably a combination of lack of knowledge as much as unethical. If you're telling me there's 5k repairs and I can buy it for 80 and sell for 120, I know you're off somewhere.

    This right here, brother, you nailed it.

    I just find buyers that want to buy in a certain area, try to get to know then and understand what it is they want to invest in, and stay in contact. When something comes up, I invite them to come with me -- sometimes they can talk directly with the seller, and everything is out in the open that way. No games, no grab-***. We can run it through my LLC like a wholesale deal or if it is out of my ability to buy, I'll just hand it over to them and let them run with it. They can pay me a modest fee.

    Not really all that worried about anybody going around me -- if it happens, it will only happen once.  If I am really delivering value, then it won't happen even once.

    I learn a lot, BTW, by doing this, because some of the guys I work with have a LOT of experience.  And I get to benefit from their credibility by association.  I don't care who you are, you cannot buy everything, so it makes sense to run in herds.

    Whatever your opinion is, there are good wholesalers out there (relatively few) and there are some that are still lacking in the integrity and credibility department.

  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @Mark Sewell If you're passing a deal on to someone you introduced to the seller and they pay you a fee, you are by definition, brokering without a license.

  • Investor · Houston, TX · Member since 2017 · 1k+ posts · 871 votes
    8y

    @Doug Pretorius, fair point, but how is it then that investors are able to pay a bird-dog?  A subtle difference, but I'm not acting as an intermediary, and I am not directly involved in any negotiations in those instances.

  • Karen MargraveBusiness Member
    Moderator
    Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
    8y

    @Jay Hinrichs What interview with the Oregon regulators? Are you in trouble again? 

  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    8y

    @Mark Sewell No idea, never paid a bird dog before (shrug).

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