Agent wholesaling strategy help

[Ian Richardson]

I'm an agent in Baton Rouge, Louisiana and have an opportunity to put together a wholesale deal but am confused as to the process due to me being a licensed agent. 

So far, I've called the homeowner after seeing a rent sign in the front yard advertising that both units of a 2/2 duplex were available. I let the owner know who I was and who I work for( licensed agent) and that If she was interested in selling I might have an available buyer for a one time listing. She said she would love to sell the place and would like to show it to me. After arriving she quickly let me know that she didn't want to work with an agent therefore I let her know I wouldn't be bringing my buyer to the table but best of luck. After talking to her I know her bottom line and that she's eager to sell(divorce).

Now, I have a friend(also an agent) who I can send to her inquiring about the property and pose as the buyer putting the house under contract. Once we find the final buyer and do a double close won't we have to share the profits we make with our designated real estate brokerages once we close? So confused and nothing I've read on the forums thus far lays out the process, rules, restrictions that an agent may face. Any help would be greatly appreciated and sorry if I over looked a similar previously answered post.

[Robert Leonard]

Hey Ian,

I think you've done everything expected of you as an agent and the seller clearly stated they don't want to work with an agent.  Presumably to avoid the added expense of commissions.  You've done as much as could possibly be considered reasonable to allow your broker a share of the transaction by offering the 1 time listing.

Now, you disclosed your agent status and you found the lead based on your own initiative, that's an important factor.  They didn't find you as a result of your broker's advertising or other marketing efforts.  You have no agency (agent/client) relationship with the seller and you are free to interact with the seller as an investor with no compensation owed to your broker.  I think it's pretty clear.

I would not do the agent posing as buyer scenario.  I would just go back to her and put the property under contract, disclose the wholesale plan and do the double close.  Do the deal!