Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. 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.
Michigan Real Estate Q&A Discussion Forum
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 over 3 years ago on . Most recent reply

User Stats

18
Posts
8
Votes
Bryan Normal
8
Votes |
18
Posts

Wholesaling as a Licensed Agent- Disclosure

Bryan Normal
Posted

So I wanted to wholesale (as a vehicle to eventually get into flipping) before I ever wanted anything to do with becoming an agent. Then I discovered the Michigan 5-transaction rule, and figured "Fair enough, I'll bite the bullet, be above-board, and just get the license". I have a sponsoring broker lined up, who knows my investment intentions, and I am currently studying the course materials.

In the legal part of the course, it states, "Any advertising done by a salesperson or an associate broker must be under the supervision of and in the licensed name of that individual’s broker. Effective January 1, 2018 the Occupational Code was clarified on advertising stating that the salesperson or team name cannot be larger than the broker’s name. This rule only regulates relative type size (i.e., points) and does not require similarity in type style, boldness or italics. Exceptions: A salesperson may advertise to sell property under his or her own name if the property is his or her principal residence. A salesperson may advertise property for rent or lease under his or her own name if the he or she is the owner of the property."

Given that wholesalers are already expected to be basically licensed now (or go through an agent on transactions over 5), how do licensed agents who want to wholesale, do so without taking commission or running it through their brokerage? I am fine with disclosing to someone that I am an agent, but I don't want my wholesaling efforts (marketing, and closing contracts) to have the brokerage involved. My brokerage said this was fine too- they said any investments we do, they don't expect to be involved in.

Any clarification on this would be great. If assigning contracts is legal, which it clearly is, then wholesaling is legal. And if double-closing is legal, which it clearly is, then wholesaling is legal. But these laws seem to be strongly trying to make wholesaling illegal through other means, so that a brokerage gets a cut. I understand I'm held to a higher standard as an agent to disclose, but I am only becoming an agent in the first place because I was forced to legally. Thanks!

Most Popular Reply

User Stats

18
Posts
8
Votes
Bryan Normal
8
Votes |
18
Posts
Bryan Normal
Replied

And just to clarify on the above, I thought a possible loop-hole would be the double-close as the agent acting as a wholesaler would be temporarily taking title in their name/ ownership, but for a salesperson the law says "A salesperson may advertise to sell property under his or her own name if the property is his or her principal residence"

Compared to for a broker, "Any individual licensed as a broker or associate broker may advertise personally-owned property for sale or for lease in his or her own name."

I get the impression it is not legal to double-close real estate in Michigan unless you involve a brokerage in some way because it would not be your principal residence.

Loading replies...