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All Forum Posts by: Nikki Harmon

Nikki Harmon has started 3 posts and replied 45 times.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Andrea Johnson:

So I am curious @Nikki Harmon.....how did this deal turn out?

 He informed me verbally that he could not close, that the previously agreed upon numbers did not work for him.  He offered up a lowball offer from someone, and said that was all he could make work.  I emailed him that since he could not close at the contracted price, we would like a written and signed termination of the contract.  He said he would have it to me by end of yesterday.  He did not.  I again texted him today that I needed that termination of contract by today, as this was the last day of his "inspection" period.  He finally sent me an email as the official termination.

I have several showings this weekend, including an old friend who I haven't spoken to in a long time that has become an investor. I'm pretty confident that I will be able to make something work with someone this weekend, but if nothing comes of any of that, I will be listing it on the MLS with my father at the beginning of the week, hoping that an offer that can close quickly comes along.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Chris Purcell:
Originally posted by @Nikki Harmon:
Originally posted by @Chris Purcell:

He/she was just trying to get a contract on your house, mark it up, and flip to one of his investors without telling you.

Were you being lied to?  Probably

Were you being scammed?  No.  If you got what you wanted for your house, why do you care?

 I didn't get anything for my house.  He could not deliver on the contract he signed, which was a guaranteed cash closing by 9/21.  If I hadn't have confronted him about what he was doing, he would have dragged it out even longer.

 Well it's apparent he was going to get a contract on it from you, and pitch it to his end buyers.  He didn't stop you from selling the house, you didn't have a buyer yourself anyways

If you're so worried about it collect a non refundable deposit next time

 For the record, I canceled several appointments based on signing a contract with him, because he represented himself as a cash buyer.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Richard C.:
Originally posted by @Nikki Harmon:
Originally posted by @Brent Coombs:

@Nikki Harmon, I tend to agree with @Ken T. when he said "he obviously didn't get a good price for your home if he had to have 6 people come look at it", but not about the part where he said "so yay for you", that is, if you were accurate with us about giving him a sizeable discount because of your need(?) to sell quickly. It is looking like you were/are trying to have your cake and eat it too - quick sale, for next to no discount!? Maybe it's just that you and he have different definitions when it comes to "acceptable" discount, delay, profit margin, condition, number of follow-up conversations, blah blah...

 Maybe we do.  Maybe my pricing is wrong, as I'm inexperienced, but as an experienced professional looking for good deals for himself and his (now that I know he is offering it up to them, which I didn't before when we entered into the contract) investors, wouldn't he have been expected to do his research and make an offer than he could deliver on?  

 You're assuming he actually is an experienced professional, based on his online presence.   It is very likely that is faked.  Most wholesalers making sight-unseen offers, and with no real buyer lined up (hence the parade through your house) don't know anything at all about real estate. 

You should list with a broker.  You can still get a quick sale if you price right, you will probably get enough more by listing it to cover the commission, and you will have an actual experienced professional protecting your interests.

You don't want to do business with people claiming that there is nothing wrong with lying to sellers unless it is specifically against the law.

 I know now that it is fake, and this has been a big lesson.  I've been doing a lot of research now about the wholesaling business, and the good, the bad, and the ugly.  

My father is a realtor, and the intention was to list with him the Monday following, but to just test out the waters and see what came up.  Unfortunately a "too good to be true" offer came up, and my husband, and I, both ready to be done and out of Miami, probably let emotion cloud our judgement a bit.  It is definitely not something that will happen again, but I'm kind of glad it did in a tiny, TINY way.  It has opened my eyes to something while not much is at stake, rather than later, when I have more at stake, and business dealings to handle.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Chris Purcell:

He/she was just trying to get a contract on your house, mark it up, and flip to one of his investors without telling you.

Were you being lied to?  Probably

Were you being scammed?  No.  If you got what you wanted for your house, why do you care?

 I didn't get anything for my house.  He could not deliver on the contract he signed, which was a guaranteed cash closing by 9/21.  If I hadn't have confronted him about what he was doing, he would have dragged it out even longer.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Brent Coombs:

@Nikki Harmon, I tend to agree with @Ken T. when he said "he obviously didn't get a good price for your home if he had to have 6 people come look at it", but not about the part where he said "so yay for you", that is, if you were accurate with us about giving him a sizeable discount because of your need(?) to sell quickly. It is looking like you were/are trying to have your cake and eat it too - quick sale, for next to no discount!? Maybe it's just that you and he have different definitions when it comes to "acceptable" discount, delay, profit margin, condition, number of follow-up conversations, blah blah...

 Maybe we do.  Maybe my pricing is wrong, as I'm inexperienced, but as an experienced professional looking for good deals for himself and his (now that I know he is offering it up to them, which I didn't before when we entered into the contract) investors, wouldn't he have been expected to do his research and make an offer than he could deliver on?  

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Ken T.:

@Nikki Harmon 100 percent agreed, some of the comments here are a bit crazy tho @John Thedford!  actually i have a question for you Nikki.  What in your opinion is the best way he could have shown this to other investors if he was upfront with you, I always felt it could be an awkward situation for you to consistently show other investors your home while it's under contract.  Do you think he was worried you could just offer the home to the other investors if you knew they were really the end buyers?  He still went about it wrong just trying to think from his viewpoint.

 I think this comes down to integrity.  If he had told me up front what he was doing, I would have no problem showing it to his investors.  I would assume the point of his job is that he has quick access to investors that I may not.  He is basicly marketing my property for me to his investors, saving me my own time and money in marketing.  Obviously, he deserves to be compensated for his services, and it would be disrespectful of me to attempt to go around him, and I would have no integrity.  Does that make me naive, to assume that people should work within their word, and should be valued for their services?  It is a fine line between being cautious and becoming jaded, I guess.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Ray A.:

@Nikki Harmon....why not take this opportunity to build your buyers list and see if you can sell it yourself? (Due diligence). Or just list it with a Realtor.

I was led to believe I had sold it myself. I was never told he was wholesaling the property. The only reason I know that he wholesales as well as flip, and that he had listed my property for wholesale, was through my own research. I had informed him that I had several other prospects that I would be speaking to, and that if we did not find an offer we liked, we would be listing it on this past Monday with my father, who is a licensed realtor. We were trying to see what kind of offer we could get beforehand, and he made us a really good one, or so we thought. I guess it was one of those "too good to be true" situations. Now that the contract is canceled, I am going about contacting all my prospects again, though more cautiously, and gearing up to list it on the MLS if that doesn't work out.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Ken T.:

I'm sorry this is not a problem in my book, the only problem i see is that he wasn't upfront about assigning it.  there is nothing illegal about what he did.  This however, is proof that any wholesaler must be upfront about what they do. PS he obviously didn't get a good price for your home if he had to have 6 people come look at it, so yay for you. 

 That is my only problem.  I wouldn't have had a problem if he was upfront about the situation.  I really don't think he ever intended to close it as a flip for himself as he said.  I don't think he even researched the comps I spoke about.  It is a good deal as a flip, or a buy and hold, but it isn't a good deal once a wholesaler tacks almost 12,000 on top of it.  If he had been upfront, maybe we could have worked out something that would be appealing to his investors.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Sabrina Brown:

I have been to a few wholesale classes and was taught a few "tricks".  Many of these people trying to get into wholesaling are bird dogs.  If the inspection period says 7 days and it expired, you are off the hook, no matter what.  I don't know what his contract states but usually it is written in very simple language.  If A is not fulfilled by X date, then B happens (i.e. end of contract).  Wholesalers will go through their buyers list and still look for other avenues to sell your house quickly.  I think at this point it doesn't matter if they are licensed or professional.  They can assign the deal to someone else if the contract states that.  Common practice.  I am not licensed, as I don't have to as an investor (and as it doesn't limit me quite as much if I was licensed), but it appears to me that this is a contract and whatever the contract says stands.  If anything is out of line, it can be a breach or the contract will end at which time either party can walk away.  Should anything go beyond these terms, they can be amended and must be signed by both parties.

Some escrow companies and realtors will take a look at it for free and tell you if it is legitimate (if you want to save money or just get an opinion from an independent party). Some real estate attorneys offer free consultations with specifics relating to the deal, not just theoretical scenarios.

On another note, what scares me is that you let all these people into your house snooping around.  I would ask them for ID and have appointments with these people set up in advance.  Too many things have already happened with female realtors letting prospects into houses or property being stolen while being inspected.  Some are thieves and pretend to be professionals and we are trusting to let them in only to find out later we have been robbed (this has happened with a neighbor in a prime area in LA where I used to live!). 

At this point you haven't lost anything (thank goodness!), just be very cautious and follow the contract to a T so nobody can come back later to say otherwise.  Put it in writing that the contract is "null and void as of x date".  You already have all your notes, which is great!

Thank you for keeping us in the loop!

 It was a bad situation all around, but I made sure my safety was of utmost priority.  I also have children in the house.  No appointments were set without my husband in the house, and most often, my husband and several other men in the house (we are trying to move so we have been packing and had help packing from friends and family.)  All had to identify themselves and be the person that I was told would be coming.  One however did show up that I was not expecting, and I promptly called the person I was dealing with to ask who this person was.  Apparently, he had forgot to tell me.  I really think it was more that there was confusion as to who his fake property inspector was supposed to be.  

He verbalized to me that he cannot close, and that the numbers don't work for him to retail the property (though this is what we discussed originally, and there was never any mention that he was doing anything other than that, and he has never actually been to the property to decide and figure out repair costs).  Supposedly he does have an offer from someone else, but way below our contract price, and coincidentally, his original offer amount on the property sight unseen.  I take note that all of our other conversations have been through text and email, beyond the initial phone call, but this one he chose to verbalize.  I told him I would discuss it with my husband.  I have since emailed him that since he verbalized that he cannot close at the contracted price, we are requesting he send a written and signed termination of our contract.  

I really wouldn't have a problem with his action if he was up front and did not lie throughout the entire process.  

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Richard C.:
Originally posted by @Nikki Harmon:
Originally posted by @Stefan Augustyniak:

A good wholesaler will never enter into a sale agreement without the intent and ability to close the deal.  There isn't anything wrong with trying to wholesale the deal to a cash investor, but he should have been honest with you and told you what exactly what his intentions were.  Just remember, every profession has the good, bad and ugly!

 I strongly believe you are right.  If he had been up front in the beginning with something along the lines of, "This property doesn't work for me, but I have someone buyers that might be interested," I could make an informed decision and would feel good about choosing to use his services.  However, I did not choose to use his services. I chose to sell to him directly, because that us what he told me was happening.  I feel he took on the property just to see if he could make some money off it, without researching to see if he could get an investor at the price HE set for it. Ugh. 

 That is absolutely what he did.  That is what "wholesalers" are told to do, every day, including on BiggerPockets!  "Just get a property under contract, and then try to find a buyer.  If you have a deal, finding a buyer will be easy.  If not, you can always walk away using your contingency clauses."

He isnt asking for any time beyond his inspection period, which ends Friday.  Once I confronted him about what he is doing, he is trying to make it work and would know at the end of the day, yesterday. End of day came, and he said that he had worked cash investors (finally referring to them as what they are and not "partners" and "inspectors" lol). That wanted to see the property today, and asked for me to give him until this afternoon.  One canceled, and the other came and went. I've since texted him for an update, and he says that he has one and will call me around 2pm. Fingers crossed, this all works out.  We will see at 2pm, and I'll post an update after I speak with him.