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Updated over 7 years ago on . Most recent reply
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Where to download 1 page Assignment agreement & Purchase and sale
I am a newbie investor located in the Boston area Im just trying to get all my ducks in order before i actually start marketing my campaign. Any idea where i should start with Downloading a Assignment and purchase and sale agreement in ma. Another question i wanted to ask is email the common form of sending contracts to sellers. Im little bit confused can someone explain
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@Robert Blocker Wholesaling - that is to say, marketing a property that you do not own is illegal here in MA, unless you are a licensed real estate agent and are working under a supervising broker.
No doubt, you've listened to a guru or read a blog post that says it's legal because you're selling a contract, not a property or been fed some other excuse. It's not true in this state.
Here's the law from Mass General Laws, Title XVI, Chap. 112, Section 87PP:
''Real estate broker'', hereinafter referred to as broker, any person who for another person and for a fee, commission or other valuable consideration, or with the intention or in the expectation or upon the promise of receiving or collecting a fee, commission or other valuable consideration, does any of the following: sells, exchanges, purchases, rents or leases, or negotiates, or offers, attempts or agrees to negotiate the sale, exchange, purchase, rental or leasing of any real estate, or lists or offers, attempts or agrees to list any real estate, or buys or offers to buy, sells or offers to sell or otherwise deals in options on real estate, or advertises or holds himself out as engaged in the business of selling, exchanging, purchasing, renting or leasing real estate, or assists or directs in the procuring of prospects or the negotiation or completion of any agreement or transaction which results or is intended to result in the sale, exchange, purchase, leasing or renting of any real estate.
In addition to the hazards of brokering real estate without a license, wholesalers can be sued for "fraud in the inducement" if you sign an offer to purchase without both the intent and the ability to close on the sale.
The only legal way to wholesale in MA is to close on the property and then re-sell it. You do not need a license to sell your own property.