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All Forum Posts by: Scott Johnson

Scott Johnson has started 47 posts and replied 612 times.

Post: Wholesaling while being a RE Agent - conflict of interest?

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385
Quote from @Joe Splitrock:
Quote from @Bruce Lynn:

#1 you want to talk to your broker about it.

#2. I don't see the conflict as long a you present two or more options....

A.  I'm a licensed realtor, if I list your home on the market at X price, I think it will sell in X weeks, at X price, here are the things you need to do to get that price.......clean, mow, paint, update, etc...  Should take another 30-45 days to close and then you will get your money.

B.  I'm also know as what we call a wholesaler.....I will pay you X today for your home, close in 7 days, and you don't have to do a thing, but move...and I'll even give you another 7 days to do that after you get your money.   If we go this route I'll expect to make X profit on it....in exchange for my work and risk.

C.  If you will sell me your home SUB2 the existing financing, I'll pay you X more than if I have to pay cash for it, same thing, I will close in 7 days and give you another 7 days to move.....chances are I'll sell it it 2-5 years and also make a profit on it, in exchange for you keeping the loan on it.

Which option works best for you?   Do you want cash today, with less risk and with no out of pocket time or expenses for you....or would you rather get a higher payout potentially, but have to spend time and money yourself now to reach that point?

If they sell to you for cash, then you should document in the contract that you expect to make massive profits on the resale and that has been explained with the option for a traditional listing.

Be open and honest with people.   You might even show them the differences of what you think you will make....and of course explain the risks to you.

The one thing I don't think you should do is try to wholesale with no money to close and hope and pray you can double close or assign contracts.   You will end up looking like the devil wholesaler no one likes when end buyer doesn't close and the original seller AND their family is now pissed at you.  Now that you are licensed and potentially have big brokerage bucks and insurance, they may come after you.


What about the fiduciary aspect? It is probably important to disclose if you represent them on a listing, you are a fiduciary which means acting in their best interests. If you are a wholesaler or buyer, you are acting in your own best interests. This is where the conflict can occur. This is especially more prevalent in a hot real estate market, where you can sell "as is" to cash buyers on the MLS. How do you position that you can give you 60% of value as a wholesaler or you can get 100% on the MLS and pay 8% selling fees. The answer is that a wholesaler will misrepresent the difference. If a realtor is being truly honest, MLS is the best route for most clients in todays market. In most markets properties sell well above listing price, so that makes wholesaling even less desirable.

Fiduciary comes in when you're listing the property. When you're approaching as a buyer there's no fiduciary duty, but dealing with clients honestly and being transparent is critical.

Concerning your comment "If a realtor is being truly honest, MLS is the best route for most clients in today's market." I'd contend that no one would know if that's the case until you know the client's situation. Most Realtors make the mistake of assuming that top dollar is what's best for every client, but this is simply not true. My last client was about to get foreclosed on, and they just wanted to save their credit. They'd already made living arrangements and were so far along in the foreclosure process it just needed to be stopped (Subject-To).

You're correct that always being honest and transparent with your clients is critical, but the deal structure is not always one size fits all. 

@Bruce Lynn, the only thing I would add to your comment is to ask a lot of questions to the seller. Figure out one or two options based on their needs, but I wouldn't hand them 3-5 options and say which is best. That could fluster them and push them away. On any given Assignment deal, I always say, "Here's the fastest option (Wholesale Offer), but if you listed on the MLS it's a bit more involved and takes more time, but you can definitely get more money (Retail Listing Option)."

Post: New Investor looking for help!!!

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385
Quote from @Ray Isham:

Hi everybody, I'm ready to jump into real estate I just have no idea what I'm doing or what it is I should be looking for. I have a little bit of money saved up and I've done a small amount of research my self but I have no clue how to start or what steps to take first is there anyone that can give me advice or a sense of direction. I'm interested in buy and hold, flipping, and a little bit of wholesaling. 


 It all starts with education, @Ray Isham. Meet up with some real estate professionals in your area and offer to work for free. Could be a wholesaler, flipper, buy and hold investor, etc. The Ultimate Guide To Wholesaling by Thann Merrill is a good place to start. Then move on to The Millionair Real Estate Investor. 

Post: Wholesaling while being a RE Agent - conflict of interest?

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385
Quote from @James Hamling:

@Sarah Castor I am going to have to apologize for the persons who are obviously not qualified to give such responses because from what I read here is all flat WRONG answers with exception to @Bruce Lynn who was spot on, showing himself an experienced Broker. 

I will go a step further and point out that in many states there is different LEGAL forms of agency agreements, and some while they don't say the word wholesaler work very much in the exact same manner. 

For example, in MN there is a form of agency agreement, 100% allowed by NAR and the state, where you can make a set price with the seller as a guaranteed net to seller, or guaranteed gross sale price to seller, and ANYTHING you can get above and beyond that, you can keep as a commission. Now if you ask 1,000 agents in MN about this, 999 will say nope, can't do that, illegal, which is because they simply don't know about or have any experience in doing such agency agreements.

Thing is 99.9% of agents are taught ONLY 1 set "standardized" way to do real estate agency. It does not mean that is the only way, but those persons will tell people as if it is. 

The very nature of wholesaling IS being a real estate agent. Your pairing a seller with a buyer for a payment, that's agency. This is why there is a continuous action of jurisdictions requiring a license to do any such actions, outlawing "wholesaling". 

You will need to have to get informed with your local jurisdictions to find HOW you can do such, and than locate a broker who will allow such.  


 I would contend that this depends on how you wholesale a property:

- Double close, one is buying and selling it immediately. You're not connecting a buyer and seller. You're the buyer and then the seller. 

- Assignment is the "grey area" because you're assigning your interest in an agreement to purchase for a fee. This produces an assignment fee, not a commission. Having a license gets rid of any ambiguity with assignments. 

- Buying in a trust and selling your interest in a trust, again, you are the buyer, so you're not connecting a buyer and seller

This can be debated all day long, but that's my perspective. Stay within the law and run your ideas by your local Real Estate Commission for clearance. While it is a really good idea to get your license, it's not required (at least in North Carolina).

Post: Real Estate Investors' Virtual Networking Lunch and Learn!

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385

Post: Impact of War with Ukraine on U.S. Real Estate

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385
Quote from @Account Closed:
Quote from @Alessandra Verbena:

Perhaps we will find out in the next couple of days one way or another if this will escalate further, what if Russia does invade Ukraine and the U.S. gets involved? Without going too deep, I am seeing speculation on a range of impacts here in the U.S., from impacts to the technology sector, to food and gas prices rising as a consequence. Let's say the worst case scenario happens and Russia invades and the U.S. steps in, what immediate impact will this have to the U.S. economy and subsequently real estate? Anyone seriously considering or holding off on any acquisitions as a result?


 No, Russia won't invade Ukraine. There are several reasons why, but if you listen to Ukraine instead of Biden, you will understand. Biden wants the diversion because he is doing so poorly. It just ain't gonna happen.

Even if they had a brief skirmish, it wouldn't impact real estate in the USA.  

What you need to watch are the Fed's interest rate increases and U-6 Unemployment Rate. Real Estate is local, not international.

"When all else fails, they take you to war." - Gerald Celente

War is the great unifier that bands people together out of fear and the need to survive. It gets people to focus on one thing... 

My recommendation, Alessandra : Turn off the Cartoon News Network (CNN) and any other mainstream media for one week and read one of Brandon or David's books. Focus on what you can control.

Side note - I walked by a TV with the Cartoon News Network on, and the report said something to the effect of: "Russia, is actually denying that they're intending to invade Ukraine and are saying the west is making up lies." It's certainly a sad day when I am more inclined to believe the Kremlin than a domestic reporter...

Post: Getting Started-Where's all the actual help?

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385

If you're approaching them like you're approaching this article, then you're giving them the "you owe me before I've even met you" vibe. Ain't nobody got time for that.

If that is the case, your best course of action is to start building a relationship with a broker. Join a meetup where brokers attend, make friends and buy someone coffee and talk about whatever.

Oh, and offering to work for them for free part-time or on a project that's dragging them down helps tremendously. Give and you shall receive. 

Post: Are direct bookings actually a negative for your business?

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385

If someone wants to run on the hampster wheel and build their own thing, more power to them! I'll stick with using the systems that are already in place.

Post: out of state investing

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385
Quote from @Brenden Mitchum:

Hey @Edward Koehn, welcome to the BP community!

You are in the right place. I see dozens of posts every week on here from folks that are investing out of state and looking for help with one aspect or another. You'd be wise to take a moment and search "OOS" and "out of state" here in the forums and start reading through these threads. 

Just like anything else in RE, there is no "best way." There might be a best way for you but figuring this out when you're just getting started is a tall order. Better to just educate yourself as much as possible and figure out your goals and the next best step to get you on the path to achieving them. 

Market research will be very important in the beginning but don't get too caught up in this. Find a solid market or two and start making connections and building a team. If you're investing in residential real estate, use Zillow + a calculator to start analyzing property. Chances are, if it's a solid market, it will be very tough to find good deals on the market. However, this will still give you much needed practice analyzing deals and help you learn more about the market.

If you haven't already read it, there's a book you can purchase right here on the BP bookstore called "Long-Distance Real Estate Investing." I have not read it but that would be one of my first steps if I were looking to invest OOS.

Hope this helps a bit. Please, feel free to reach out anytime if you have other questions or just want to chat!


The only change I'd make to this is to avoid relying on Zestimates and get connected with a solid Realtor/Investor in the area you're looking in when you're trying to learn about the market. Zillow just lost $880 million using their Zestimates to help them do flips. 

Definitely sign up for keyword alerts here in the forums for "OOS" and "out of state" and read Long-Distance Real Estate Investing.

Post: Probate , capital gains tax ??’s

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385

What's confusing me is the fact that the CPA is saying it's getting set back 30 days to pay the capital gains... The closing attorney can normally hold that to be paid to the government and still disburse funds... Weird...

Post: Buying New Construction Build

Scott Johnson
Posted
  • Specialist
  • Greenville, NC
  • Posts 623
  • Votes 385
Quote from @Eric Winkler:

@Jacob Hafer - there is high demand for new construction in many areas throughout the US as we are just now seeing the levels of construction in the US hit levels that it has not seen since pre 2008.   There are many markets that have a housing shortage which, of course, creates more demand.  Where are you looking for your investment - are you sticking locally, or are you looking at other markets?  As an example - Florida is a hot market as there are over 1000 people a day moving there - no state income tax, business friendly, landlord friendly - and high rental demand in pockets throughout the state.  I would take a look at the market you plan on investing in, the rental demand, current rents, etc - plug those into your analysis to make an educated decision.  

 @Jacob Hafer, I'd like to add interviewing potential property managers to your list of things to do. You can meet them at REI meetups or just walk into the office. The one who asks you the most questions and educates you is the winner.

It could just be me, but something about new construction rental under the current market conditions raises a red flag... Guess it's a market-to-market thing.