Quote from @Rick Albert:
Quote from @Steve K.:
Quote from @Katie Miller:
Looks like I'm all good because I do disclose in writing and verbally my equitable interest in the property to both the seller and potential buyer. I have not yet found where it says that I must disclose that in advertisements. Still searching...
Sec. 1101.0045. EQUITABLE INTERESTS IN REAL PROPERTY. (a) |
| A person may acquire an option or an interest in a contract to |
| purchase real property and then sell or offer to sell the option or |
| assign or offer to assign the contract without holding a license |
| issued under this chapter if the person: |
| (1) does not use the option or contract to purchase to |
| engage in real estate brokerage; and |
| (2) discloses in writing the nature of the equitable |
| interest to any seller or potential buyer. |
| (b) A person selling or offering to sell an option or |
| assigning or offering to assign an interest in a contract to |
| purchase real property without disclosing the nature of that |
| interest as provided by Subsection (a)(2) [to a potential buyer] is |
| engaging in real estate brokerage. |
I don’t think a disclosure in an advertisement is relevant here because you shouldn’t be advertising the property to begin with. Again, advertising a property that you don’t own would be considered brokering real estate without a license. That’s why you need a listing agreement to post a listing on Zillow/ the MLS. It’s impossible to advertise a contract without also advertising the property itself, which you can’t do without a license. That’s why most wholesalers work directly with buyers/ their distribution list (which may also be considered marketing but less chance of getting caught/ fined). Lots of grey area in wholesaling, and lots of folks doing it the wrong way and teaching it the wrong way. The rules aren’t often enforced, but I’d be more worried about getting caught up in a lawsuit with no errors and omissions insurance protection personally. Buyers and seller love to sue each other and if you’re in the middle of that with no license and no insurance, that’s bad. Why not just go and get a license? It’s pretty easy to get licensed.
To Steve's point, if you post on Zillow and agents find out, they will likely rat you out. Many Realtors are bitter because you are effectively competition on what could have been their listing. You are asking to get in trouble, whether you are in the right or not.
I agree that licensed agents will rat you out, as they should (my opinion)...licensed agents have dedicated lots of money, time, and training to hold the real estate license. It takes years for most agents to "start making money". We take ethics classes, and continuing education classes, and constant training to stay up to date with rule changes. We/I am a professional, and our fiduciary responsibility is to our clients. We pay a percentage to our brokerages, have marketing and education expenses, and are self employed so we pay for our health insurance, gas, etc.
In my local MLS (Mid Carolina Region MLS), wholesaling has left a bad taste in buyer/sellers minds, so the MLS is creating rules to basically prevent wholesaling. There's been too many instances of someone not understanding (or understanding and then getting mad) that wholesalers are selling the contract to buy and making money off "someone else's property".
Please either go get your real estate license so you can market it legally, or go ahead and close on buying the property.
I don't know you, and you don't know me....too many people have gotten burnt/taken advantage of during a wholesale deal. I'm glad MLS's (and Z) are cracking down on "grey transactions" that come across as possibly predatory deals. Advertise the property on Craigslist or other sites if you must. Most buyers and sellers are vulnerable because they don't buy/sell real estate frequently; licensed agents (me) take pride in "guiding and protecting" clients from transactions that can go wrong.
Regardless, you are putting yourself at risk of getting sued by trying to market a property without a real estate license, a valid listing agreement, or being the owner of record. Here's where one might ask, why are you doing it this way? Your answer might be enlightening.
PS---you mentioned that your mentor has been doing creative deals for 30 years....It is possible that the rules have changed and he/she has not. Just because one "gets away with" something, doesn't necessarily mean it's ok.