Lessons learned from wholesale deal turned into lawsuit

Lessons learned from wholesale deal turned into lawsuit

Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes

This is a kind embarrassing/bizarre story, but I figured I'd share it since everyone and there brother is getting into wholesaling.  Basically, I was approached about buying a buy-and-hold home from a wholesaler in a decent area.  I wasn't super excited but didn't have anything else going on.  Long story short, we agreed to do a double close instead of an assignment and, despite assurances from the wholesaler that the seller was on board with this, the seller absolutely freaked before closing when he found out the wholesaler was selling the home to me for an instant profit.  He accused the wholesaler of breaching the contract because there was a title insurance premium pass through doc he had to sign that identified me as the end buyer.   Days on the phone trying to save the deal, and it ultimately falls apart and seller refuses to close.  What makes matters worse is that the seller then demands my $5000 earnest money.  (The seller was a complete crook and had pulled this type of scam before, tying up earnest money to extort some sort of settlement.)  

I had enough, had the wholesaler assign me his claim, and sued the seller in state court.  I'm a litigator so I did it myself.  In the end, the seller settled with me and sold me the home, but this was only after I aggressively litigated the case.  (Attorney fees would have easily been $15,000 if I had paid someone else to do it.)

Here's what I took away from the lesson:

  • Wholesaling sure seems like a lot of work to avoid licensing requirements.  All of this likely could have been avoided if I could have simply directly paid the wholesaler a referral fee, but I couldn't do that because he didn't have a license.  
  • Even if a wholesaler fully discloses that he is reselling the home or assigning the contract for a fee, there is going to be a certain percentage of sellers who are going to freak out and be pissed.  This blows up deals and leaves the wholesaler in a bad place.
  • The chances of a wholesale deal blowing up are higher simply by virtue of the fact that there are additional parties involved.
  • Wholesaling should only be done by sophisticated and experienced investors who are selling to other sophisticated and experienced investors.  There's just too much that can go wrong.  Yes, many wholesale deals will go through and maybe my experience was just a "one in a million" type experience, but I suspect a higher percentage of these deals go south than straight buy/sell type transactions. 
  • When it goes bad on a wholesale deal, it can go really, really bad.  If my lawsuit hadn't gone well against the seller, I would have absolutely sued the wholesaler.

I left out a lot of details but I should qualify that I made mistakes as well, the biggest one being that I agreed that my earnest money could be pledged to the underlying contract.  

I should also add that I'm not bashing wholesalers.  There are definitely good ones out there.  Just thought I'd share my experience and observations since I see so many people wanting to get into this field.

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Investor · Tampa, FL · Member since 2016 · 46 posts · 40 votes
9y

I have wholesaled many properties here in my area and never had a problem....

HOWEVER in my area our contract for the state of Florida has an entire clause that is dedicated to assignability. Now I know in this case it wasnt an assignment. Furthermore, My title company does not allow "Flow through" double closes, so we cant use the funds from back end buyer to close on the A-B transaction. We will just use Transactional financing in order to do a true close on the front end, and then sell within hours on the back end. Thats the true way to do it and leaves way less room for error. 

We typically just use assignments, but the KEY to wholesaling in my opinion is managing the sellers expectations and crystal clear communication. Managing the seller is the biggest part of the equation. 

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  • Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    The use of a one page contract, requiring end buyer to put up the earnest money, not having the original contract attached to the assignment agreement, etc....seems like a lot red flags for a property you didn't really want to begin with.  Glad you came out OK and you're probably wiser for it, but also have a few more gray hairs.  

  • Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    @Account Closed  correct...the originally contracted buyer should have skin in the game...ie. he/she should put up the earnest money. 

  • Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes
    9y

    @Guy Gimenez, yeah I can't really argue with you.  I've used one page contracts before and never had a problem, but I definitely would not use one in a wholesale deal again.  Totally agree the wholesaler/original buyer should have had skin in the game by putting up earnest money.  I totally made mistakes, primarily because I was distracted with other stuff.  No excuse, though.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @John Chapman my experience in Dallas with the big wholesales shops has been Horrid how the heck those guys stay in business I will never know.. they just tie up MLS deals and try to flip them. and have ZERO thought to what happens to buyer or seller.

    In General wholesaling as its done and taught with all the ... subterfuge is the issue.. basically lying to the sellers.... it stands to reason sellers get upset when they have bee lied to .

    1. the wholesaler says they are going to buy it..  ( when they know they are not)

    2. Weasel clauses that are nebulous  ( subject to my partner approval and they have no partner)

    3. just basic lack of understanding how real estate works

    4. Mind set of its only about them and what they can make.

    Its a stain on the industry in my mind... If you want to buy and sell real estate then buy it and sell it.. get the funds or smarts together to learn how to control and OWN your own inventory then go at it..

    I buy a lot of real estate but I won't deal with wholesalers on a personal level... My folks that I fund with occasionally.. but I get calls all the time ( I want to put you on my buyers list) I tell them NO WAY your just wasting my time.  they usually get kind of shocked.. but I have no time for looking at deals that don't work which is 95% of what these people do.. and Dallas as stated those guys are just HORRID

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    9y
    Originally posted by @Bryce Davis:

    The problem is most wholesalers come to the table with nothing but their crappy contract. They call it driving for dollars. 

    I actually thought about wholesaling but I am a 20 year investor. I have considered buying properties cash then selling them to an investor for 30 - 40% below comps. Why that percentage? Because as a fellow investor I know that if I am not making at least 30% I am not interested. I also know that by dealing with all the crap and buying cash the investors job is easy. All they have to do is sign on the dotted line. 

     Actually, "driving for dollars" literally means driving the neighborhoods looking for apparently vacant / neglected properties which might be acquired below market.

    That said, I have a local contact who does just what you mentioned: acquires properties cheaply, then resells them to investors for a modest profit with plenty of room for the investor to profit as well.

  • Investor · Tampa, FL · Member since 2016 · 46 posts · 40 votes
    9y

    LOL @Bryce Davis idk who you are.... but I like your style. Straight shooter for real! and I agree

  • Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes
    9y

    @Jay Hinrichs you pretty much summed up the wholesale shops here in Dallas.  All of them are unscrupulous and sell junk.  Basically, it seems like they all operate under the "bigger fool" theory rather than finding actual deals.

    The guy with whom I did business wasn't affiliated with them, which was the only reason I would even speak to him.  (If I see a large "wholesale" shop with a property, I won't even look at it.)

  • Stephen QuesinberryBusiness Member
    Real Estate Agent · Cumming, GA · Member since 2016 · 226 posts · 157 votes
    9y

    Great info, thanks for sharing!

    Cornerstone Real Estate Partners
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  • Rental Property Investor · Claremont, CA · Member since 2015 · 292 posts · 374 votes
    9y

    @John Chapman, @John Thedford, @Jay Hinrichs

    I've really enjoyed all of your comments and insights.  Taking everything said into consideration, here is my plan of action moving forward:

    - Drive for dollars, direct mail, etc. to get lead flow going

    - Contract with sellers ONLY IF one of the following is true:

    1) I plan to purchase the property for my business and have the funding lined up already

    2) I plan to partner with another investor to purchase the property and financing is already secured

    3) I plan to sell the contract to another investor who has looked over the deal prior to contracting and ready to go

    - The seller will be informed of each of these possibilities and each option is explored in depth so as to clear any confusion and answer and questions or doubts.  I think it is also important to weigh with the client the difference between listing with an agent (which I am and can do for them) and doing it off-market and allowing them to decide which is best for them.

    - If an agreement is reached, I will put MY OWN MONEY as an earnest money deposit for the deal, knowing fully well that if the deal falls through then the loss is an acceptable business risk and the seller is compensated fairly for it

    Please let me know if you think this would be an acceptable Wholesaling/Flipping business strategy moving forward.  My goal is not to make a few thousand dollars on random deals here and there.  My goal is to build a self-sustaining business that generates it's own leads.  I know very well how important reputation is (especially in such a small business like real estate where even in big cities, there are only a handful of big players).

    @Simon Ghandil said it perfectly: "It may take years to build a good reputation, but only seconds to destroy it."

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    @P.J. Bremner

    Sounds like you are approaching it in an honest manner. Can't say that for a lot of other BP posters! As to the comment about a reputation: right on. I cringe at some of the BP posts promoting dishonesty! Who would enter into any business dealings with someone promoting anything less than honest good business practices? BP is a public forum and we all have a reputation built from our posts and advice. 

  • Rental Property Investor · Claremont, CA · Member since 2015 · 292 posts · 374 votes
    9y

    @John Thedford

    It's really easy to lie, steal and cheat on a few deals, but eventually it catches up with you.  I look for every opportunity to scale my business so I can be "lazy".  I think a good reputation is one of those factors that is necessary to multiply a business many times over.  I try not to get too upset at those who promote dishonesty because they make people like us look amazing ;)  They are doing our dirty work for us!

  • Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes
    9y

    I've got to agree with @John Thedford.  It strikes me as pretty solid and is how I've seen it done correctly in the past.

  • Real Estate Broker · Dunedin, FL · Member since 2015 · 74 posts · 43 votes
    9y

    Thank you for sharing.   You added to my knowledge base.   I am a licensed Broker and  know that to succeed in this business you have to be transparent and run it like a true business.   These unlicensed wholesalers and property managers, would do better to get a license, and really learn this business.   You do not need a license to be an investor as we know, but I would think that is for the sharp business person, if you are month to month, running with a lot of  financial "need" get a license and an education.  

  • Real Estate Investor · Katy, TX · Member since 2016 · 109 posts · 46 votes
    9y

    The wholesaler failed to fill the contract correctly. All the properties we put under contract say for instance: Same As Cash, LLC (My company) or Assignee.

    I then go ahead and explain to the seller that I may assign the contract to one of my other companies or to one of my business partners or to another real estate investor from my network. The seller gets the felling that regardless of who is closing they are getting rid of the property. I then go ahead and properly assign the contract to whoever is buying.

    Never had an issue in the past, also we walk away from problematic sellers since we only put anywhere from $10 to $500 the most on escrow with the title company and if another party is getting the contract assigned, we then put their money to lock the deal into escrow for the assignment fee with the Title company as well.

    Good wholesalers are problem solvers not just assignment fees junkies like I describe the bad ones, unfortunately there is lack of good wholesalers due to lots of newbies trying to get into this business without putting the necessary efforts and money for education and marketing. 

    I hope it all goes well with your rehab and that you bank good with your investment.

  • Investor · Dallas, TX · Member since 2009 · 718 posts · 913 votes
    9y

    @Ricardo Rosales, Assignment wasn't an option because the seller did not want to do it.  I think you make an excellent point about walking away from problem sellers, particularly if it's a wholesale deal.  There were warning signs from the beginning that this was going to be a problem seller, and I ignored the signs simply out of laziness.  (Usually, it's greed that makes me ignore the signs :) )  I think too often we get excited about deals and numbers and ignore the reality of what it takes to close them, cooperation by all parties.

  • Real Estate Investor · Katy, TX · Member since 2016 · 109 posts · 46 votes
    9y

    we all get greedy from time to time lol 

  • Member since 2023 · 164 posts · 15 votes
    3y

    wholesalers need to be licensed?

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