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Updated about 4 years ago on . Most recent reply

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Micah D Collie
  • Real Estate Agent
  • Johnson City, TN
2
Votes |
3
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A wholesaler is selling a property on the mls??

Micah D Collie
  • Real Estate Agent
  • Johnson City, TN
Posted

Just came across a property being sold on my MLS via a wholesaler. I know this because a colleague of my mind is close friends with the actual owners of the property. So the true owners did sign a contract giving the buyer the authority to "market" on the MLS but the wholesaler/buyer has taken it a step further and forged the true owner's name on the disclosures and confirmation of agency forms. Isn't that against rules and further more fraudulent?

The wholesaler/buyer is using a flat fee online service to market on MLS.

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Jonathan Minerick
  • Real Estate Broker
  • San Diego, CA
118
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719
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Jonathan Minerick
  • Real Estate Broker
  • San Diego, CA
Replied

In addition to what @Bruce Lynn said, it's not allowed on the MLS for a couple reasons:

1. Only the owner, or someone who has a power of attorney with the owner, can sign a listing agreement according to the MLSs I've spoken with about this same scenario (wholesalers have asked us about this in the past).

2. Assuming the owner signed a contract to sell the home to the wholesaler, it's currently a "Pending" sale. It can't be "Pending" and "Active" at the same time. 

If the owner signed some other sort of contract with the wholesaler that allows the wholesaler to sell it for them, then the wholesaler seems to be acting as a broker and is in violation of state law.

  1. Jonathan Minerick
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