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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 @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. 

Post: Wholesaler Misrepresented himself

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

@Nikki Harmon Not just because I'm an agent, but I've never seen a case where a property listed on the MLS didn't Net more to the owner, than a wholesaler's offer. Just did one recently, best "we buy houses" offer, $112k (which also may have just been a wholesaler). Sold on MLS for $137k in 4 days. One thing many think of is that's it's very easy to see if a "buyer" has actually bought any properties, and how many recently.

Yes, I know. Our intention was to list the property on the following Monday, but I was made the offer I wanted for the property in my researching. 

 Also, he has bought quite a few properties himself, so I expected that to be what he was doing. And, maybe it will turn out that way.  But I doubt it, as he has been very dodge when I've asked if he will terminate the contract if he can't find an end buyer.  Initially he told me yes. Then it turned it to a lot of "give me more time to make this work". 

Post: Wholesaler Misrepresented himself

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

@Nikki Harmon Not just because I'm an agent, but I've never seen a case where a property listed on the MLS didn't Net more to the owner, than a wholesaler's offer. Just did one recently, best "we buy houses" offer, $112k (which also may have just been a wholesaler). Sold on MLS for $137k in 4 days. One thing many think of is that's it's very easy to see if a "buyer" has actually bought any properties, and how many recently.

Yes, I know. Our intention was to list the property on the following Monday, but I was made the offer I wanted for the property in my researching. 

Post: Wholesaler Misrepresented himself

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

@Nikki Harmon, you will know very soon whether he is as good as his word: "Yes I either close on the property myself first or flip to an end buyer". As for reneging due to finding the property unsatisfactory during the inspection period, isn't that a possibility for ANY sale of property Contract - equivalent to a cooling off period? Many wholesalers do use that clause unscrupulously when they can't find an ACTUAL cash Buyer, but if you REALLY want give discounts in exchange for quick sales - create Contracts that have NO contingency! Cheers...

 I knew he had the option of walking away due to not finding the property avceptable. That is standard and I am fine with that.  However, since he did not let me know he was wholesaling the property, I did not expect he would be walking away for the sole reason of not finding a true buyer.  Next time, I will be very careful to ensure that I know what the actual intentions are, and that I'm covered better.

Post: Wholesaler Misrepresented himself

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

@Nikki Harmon

Before going through the bureaucratic headache of filing anything formal with DBPR or even FREC, I would consult with a real estate attorney (maybe you know someone, a friend of a friend, etc...) and see if these boards would find any merit if a complaint was filed.  And even if this person did act illegally to the "letter of the law," it may not even be in these organizations interests to pursue something...especially if he's not a "big fish" where he would be seen as an example.  Unfortunately, this is common practice among wholesalers.  What he should have done was been forthright initially, and probably shown you credentials to back up whether his method of operation has proved prosperous for his sellers, wherein he ends up finding end users.  That way, at least you could have made an informed decision.  Overall, this is a lesson learned, and coming on these forums to get an education and course of action is the best thing you could have done!  I would probably say it's not in your best interests to go the bureaucratic route, it will be long and tormenting and you may not even get the solution you're seeking.  Expressing your displeasure about this person via social media and other forums is a quicker and more direct route to making sure wholesalers like this are more open and honest with their intentions.

 I think you are very right. At this point, I just want him to terminate the contract sooner rather than later if he can't deliver, so I can move on.  He is supposedly going to let me know today.  We will see how that goes.  He was not too happy when I confronted him directly about what is going on.  

Post: Wholesaler Misrepresented himself

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

"Wholesaler misrepresented himself."

"Water turned out to be wet."

😂 😂 😂 

Well now I know.

Post: Wholesaler Misrepresented himself

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

@Nikki Harmonbe sure and post review if possible, and you might consider a BBB complaint as well. No bad deed should go unpunished!

 I'm definitely going forward with all of the above, but I want to wait until we are out of contract.  I actually searched high and low, including BBB, to see if any complaints had been made previously. I can't imagine I'm the first, but maybe I'm the first to catch on. 

Post: Wholesaler Misrepresented himself

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

typical with an unlicensed un regulated quasi industry.. but an unpopular stance on BP because many on BP are trying to get into the business as wholesaler and have no clue 

 Opened my eyes really quick. I had already been suspicious of the wholesaling industry a little bit, but didn't know much about it yet.  Lesson learned really quick. 

Post: Wholesaler Misrepresented himself

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

@Nikki Harmon

If you plan to get into real estate, your first objective should be to get as much education as possible, including contracts and contract law.  Asking folks here what options you have when no one here has seen your contract is of little use to you.  

I suspect the wholesaler has protected himself well and will walk away if he doesn't find a buyer.  You will have learned a valuable lesson at that point. 

Your contract is what protects you as a buyer or seller, so understanding it is critical. 

On a side note, I get these pseudo-investors calling me frequently about my properties too. The first think I tell them is I won't entertain any offer without a bank statement with the wholesaler's name or company name that shows they have the purchase funds on deposit.  Oddly enough, they seem to lose interest in my property rather quickly.

 I understood very clearly two things from my contract. One was that, yes, he had the ability to assign it, but was still liable if he didn't. Two, that he could walk away during due diligence if he did not find the property avceptable, as that is standard.  I did not realize that this would add up to him falsely claiming to be a cash buyer, and walking away because he couldn't assign it.  I'm pretty sure that is not the same as "not finding it acceptable".  I've definitely learned a big lesson here. 

Also, that is a smart idea, and definitely something I should have done to ensure this was a legitimate deal. I had researched him, and he had good reviews and a strong online presence, so I put in a little too much trust.  Luckily, it's a good and big lesson to learn in under a week. 

Post: Wholesaler Misrepresented himself

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

@Nikki Harmon I almost/did get screwed out from a wholesaler out of Miami in a deal in Broward. I really wonder if it's the same guy... What I did was take screen shots of his website stating he's involved with real estate, screen shots of his Facebook page saying he's involved with real estate, and all emails. I reported him to DBPR with a formal complaint.. I know they opened a case but no news yet.. This was three week ago. I own a brokerage now in Lauderdale and I will love to help in any way..

I don't think so.  He is located in Broward and I am in Miami.  I do intend to file a formal complaint.  I've kept record of everything. Other than our initial conversation, I have communicated via text message, including his initial offer before the contract was drawn up.

Do you invest in properties?