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Updated about 6 years ago on . Most recent reply

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Jack D Falkner
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Legalities of Wholesaling

Jack D Falkner
Posted

I am Jack, an aspiring real estate investor in the San Diego area. I am just starting out in the real estate investing business and I am currently learning as much as possible to soon take on my first wholesale deal. I know that in order to sign a purchase and sales agreement you must be 18. I wanted to know if you have to have a company or an established LLC to start wholesaling and what the legalities are when wholesaling as an individual. Like I said I am new to this business so anything helps. Thank You!

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Will Barnard
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  • Developer
  • Santa Clarita, CA
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Will Barnard
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  • Santa Clarita, CA
ModeratorReplied
Originally posted by @Cody L.:

I don't think you need to be 18? And you don't need an LLC. So those don't have anything to do with the legalities.

For morality sake, don't present yourself as the buyer.  If you put something under contract, be in a position to close or make it very clear that you're just someone that's going to try to find a buyer for a fee. 

 You do need to be 18 (or legal adult) to enter into any legal contract, otherwise, you need a guardian signature. You do not need an entity but if you are planning on running a business, you should think strongly about getting one, particularly once you have personal assets to protect.

As to the advice above, be careful representing yourself as anything other than the buyer as acting as a middle person without a real estate sales license is illegal and you could be sanctioned for it.

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