Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 5 years ago, 10/22/2019

User Stats

7
Posts
5
Votes
Cameron Strong
  • New to Real Estate
  • Memphis, TN
5
Votes |
7
Posts

Wholesaling With Tenant Occupied Home

Cameron Strong
  • New to Real Estate
  • Memphis, TN
Posted

Is it a good idea to start my wholesale career off with a property that's currently occupied with tenants? Also how do I inspect the property to make a reasonable offer without interrupting the current renters? I have spoken with the home owner who is motived to sell quickly but I can not make an honest offer until I get help with this situation... Please help... Any info is greatly accepted 

User Stats

19
Posts
2
Votes
Mark Miller
  • Mobile, AL
2
Votes |
19
Posts
Mark Miller
  • Mobile, AL
Replied

@John Thedford, this might be off topic, but truthfully, you are correct is what wholesalers can't do, and licensed agents and brokers can.  Now though, wholesalers can, legally, sell the equitable interest in a property, and most real estate contracts include assignment.  A "good" wholesaler though, is only there to help people in a bad situation that can't sell their house in its as is condition.  So, yes, you can wholesale a property with tenants, I would not recommend it though, it requires a little bit more, and the end owner will need a new lease if I am not mistaken.

User Stats

9,365
Posts
6,550
Votes
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,550
Votes |
9,365
Posts
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied
Originally posted by @Mark Miller:

@John Thedford, this might be off topic, but truthfully, you are correct is what wholesalers can't do, and licensed agents and brokers can.  Now though, wholesalers can, legally, sell the equitable interest in a property, and most real estate contracts include assignment.  A "good" wholesaler though, is only there to help people in a bad situation that can't sell their house in its as is condition.  So, yes, you can wholesale a property with tenants, I would not recommend it though, it requires a little bit more, and the end owner will need a new lease if I am not mistaken.

I agree. I have never seen a non licensee sell just a contract. Invariably they cross the line and violate brokerage laws. The worst part though is the damage I have seen done to sellers. Very few people if any care about that. 

Vacasa logo
Vacasa
|
Sponsored
We do the work. You get the ROI. We do it all for your vacation rental. All—marketing, pricing, guest requests, housekeeping & more.

User Stats

1,916
Posts
2,231
Votes
Ola Dantis
  • Multifamily Syndicator
  • Houston, TX
2,231
Votes |
1,916
Posts
Ola Dantis
  • Multifamily Syndicator
  • Houston, TX
Replied

Fascinating read... 

Never thought I will read this debate! 

🍿🍿🍿🍿🍿

User Stats

6,217
Posts
7,093
Votes
Jonathan Greene
Professional Services
Pro Member
  • Real Estate Consultant
  • Mendham, NJ
7,093
Votes |
6,217
Posts
Jonathan Greene
Professional Services
Pro Member
  • Real Estate Consultant
  • Mendham, NJ
ModeratorReplied

To sum it up in regard to the assertions in this stream that all wholesalers are violating laws if they don't have a real estate license, you always should include language in your wholesale emails like this:

"The Wholesaler Name is a principal party in a valid and assignable purchase and sales agreement, which allows The Wholesaler Name to purchase a property in City, State. The decision has been made to offer this purchase and sales agreement to another cash buyer so as to allow you the opportunity to buy this property. This is not for public distribution. Private communication only."

Although I am a former attorney, this does not constitute legal advice.

business profile image
Zen and the Art of Real Estate Investing
5.0 stars
8 Reviews

User Stats

9,365
Posts
6,550
Votes
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,550
Votes |
9,365
Posts
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied
Originally posted by @Jonathan Greene:

To sum it up in regard to the assertions in this stream that all wholesalers are violating laws if they don't have a real estate license, you always should include language in your wholesale emails like this:

"The Wholesaler Name is a principal party in a valid and assignable purchase and sales agreement, which allows The Wholesaler Name to purchase a property in City, State. The decision has been made to offer this purchase and sales agreement to another cash buyer so as to allow you the opportunity to buy this property. This is not for public distribution. Private communication only."

Although I am a former attorney, this does not constitute legal advice.

IF...IF they are not violating laws and nobody needs a license why not give up yours and lead by example.

User Stats

6,217
Posts
7,093
Votes
Jonathan Greene
Professional Services
Pro Member
  • Real Estate Consultant
  • Mendham, NJ
7,093
Votes |
6,217
Posts
Jonathan Greene
Professional Services
Pro Member
  • Real Estate Consultant
  • Mendham, NJ
ModeratorReplied

Give up my license? @John Thedford crawl back under that rock and stop harassing everyone on the site with your nuisance-based ideologies and conspiracy theories. I am trying to help people do things the right way. You are an online troll with a puny business who bases his daily success on how many people he can enlighten about scammers and such.

business profile image
Zen and the Art of Real Estate Investing
5.0 stars
8 Reviews

User Stats

9,365
Posts
6,550
Votes
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,550
Votes |
9,365
Posts
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied
Originally posted by @Jonathan Greene:

Give up my license? @John Thedford crawl back under that rock and stop harassing everyone on the site with your nuisance-based ideologies and conspiracy theories. I am trying to help people do things the right way. You are an online troll with a puny business who bases his daily success on how many people he can enlighten about scammers and such.

 Here we have people advocating that no license is needed to operate yet they won't give theirs up. Can't have it both ways! The argument changes to fit their needs. You either need a license or you don't. If not, save those pesky licensing fees!

User Stats

9,365
Posts
6,550
Votes
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,550
Votes |
9,365
Posts
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied
Originally posted by @Jonathan Greene:

No, you moron. Just because you say you must have a license and I say it's not necessary does not mean that every person who is a wholesaler has to give up their real estate license, if they have one, to prove a point to you. You are just some troll on the Internet who does what all trolls do - you make arguments in an echo chamber and then try to prove your own points with misplaced facts, lies, and hyperbole. Shut your pie hole and go back under your rock in Florida and stop wasting everyone's time in the forums when the majority of the people on the site are just trying to do it the right way.

You are a rather umpleasant person! You cannot win an argument with facts.

User Stats

232
Posts
180
Votes
DJ M.
Pro Member
  • Realtor
  • Southeast Michigan
180
Votes |
232
Posts
DJ M.
Pro Member
  • Realtor
  • Southeast Michigan
Replied

@John Thedford  you learn a lot about someone when they choose to attack the messenger, instead of the argument, eh?

User Stats

9,365
Posts
6,550
Votes
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,550
Votes |
9,365
Posts
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied
Originally posted by @DJ M.:

@John Thedford  you learn a lot about someone when they choose to attack the messenger, instead of the argument, eh?

Absolutely! They said no license needed and when I suggested they give theirs up they went nuts.

User Stats

4
Posts
4
Votes
Sean Hill
  • Specialist
  • Cincinnati, OH
4
Votes |
4
Posts
Sean Hill
  • Specialist
  • Cincinnati, OH
Replied

@Cameron Strong...If it's legal and the profit is worth the effort...its a good flip, Tennant or not..Next, use the Seller of the property to get you in for inspection. He/She is motivated to sell, let them tell the renter what day and time you are coming..They will prep the property for showing themselves..See if you can get the renter talking during inspection. They will give you inside info onto the property and the owner alot of times.....Good Luck!

User Stats

68
Posts
54
Votes
Renee Ren
Pro Member
  • Real Estate Agent
  • Irvine, CA
54
Votes |
68
Posts
Renee Ren
Pro Member
  • Real Estate Agent
  • Irvine, CA
Replied

@Cameron Strong Tell the owner you need to see the interior of the property or get the owner’s permission to contact the tenants. Most cases they’ll allow you to enter the property. It is ok to wholesale the property with tenants if a deal is good enough. Just need to disclose to the end buyer. Put it under contract that you are going to assign it to another party. You can say that is your business partner who will buy the property. If you don’t want seller to find out you are going to wholesale the property then you do a double closing.

  • Renee Ren
  • BiggerPockets logo
    Join Our Private Community for Passive Investors
    |
    BiggerPockets
    Get first-hand insights and real sponsor reviews from other investors