wholesaling illegal but it doesn't matter

wholesaling illegal but it doesn't matter

Irvine, CA · Member since 2015 · 51 posts · 6 votes

If you practice wholesaling like 95 percent of people on BP and not actually buying the property you will be practicing real estate without a licenses but that doesn't matter because you won't get caught and the government doesn't have the resources to go after you. You simply sign a contract that says you are buying the property and someone else can assume the contract. Then convince yourself you now have an ownership interest in the property and that this protects you legally. If a realtor does this it is called a "net listing" an it is illegal, they would be fined, loose their license, and could go to jail. But, you are a wholesaler so the rules don' t apply to you! You don't have to have any ethics! You don't need earnest money. The law doesn't apply to you! You are so much smarter than the dummies who have gotten their brokers license and actually studied real estate law. 

The truth is what people are doing is mostly illegal and immoral and unethical  but it really doesn't matter. You will get away with it. States don't put any effort into enforcing there real estate laws. 

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Real Estate Broker · Orlando, FL · Member since 2014 · 153 posts · 73 votes
11y
You obviously have no clue what wholesaling is. Yes a Realtor may not wholesale a contract but it is not against the law for someone to have a contract to purchase a home in their name or LLC and then sell that contract to someone else as long as the first contract lets you assign it. If it doesn't let you then you can do a double closing where you actually take ownership of the property for a little as 5 minutes. Please don't put ignorant post up when you don't know what your talking about and want to just bash people who do not do the same type of investing you do.
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  • Joe VilleneuvePro Member
    Plymouth, MI · Member since 2013 · 13k+ posts · 19k+ votes
    11y

    It's illegal for a REA to wholesale, because it goes against their license requirements and restrictions.  A non-REA doesn't have those requirements to follow.

    Selling a contract isn't illegal.  If done correctly, wholesaling is simply selling a contract.  REA can't sell contracts...they have a license to sell actual properties, and can't wholesale because it would bypass the broker.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    11y

    Well the rules (laws) do apply, and while the government may not be looking for you a complaint will bring it to their attention.

    Regarding ethics, Yes you do need them. Your reputation affects how people deal with you. There are many people who miss out on a LOT of deals because of the bridges they have burned.

  • Real Estate Broker · Orlando, FL · Member since 2014 · 153 posts · 73 votes
    11y
    You obviously have no clue what wholesaling is. Yes a Realtor may not wholesale a contract but it is not against the law for someone to have a contract to purchase a home in their name or LLC and then sell that contract to someone else as long as the first contract lets you assign it. If it doesn't let you then you can do a double closing where you actually take ownership of the property for a little as 5 minutes. Please don't put ignorant post up when you don't know what your talking about and want to just bash people who do not do the same type of investing you do.
  • Real Estate Coach · New Zealand / USA · Member since 2014 · 296 posts · 82 votes
    11y

    @Will S. - take a few moments and do a search in the Wholesaling forums for "Equitable Interest".

    Hopefully, that may answer a few of your questions.

    All the best!

  • Irvine, CA · Member since 2015 · 51 posts · 6 votes
    11y
    Originally posted by @Christian Marin:

    You obviously have no clue what wholesaling is. Yes a Realtor may not wholesale a contract but it is not against the law for someone to have a contract to purchase a home in their name or LLC and then sell that contract to someone else as long as the first contract lets you assign it. If it doesn't let you then you can do a double closing where you actually take ownership of the property for a little as 5 minutes. Please don't put ignorant post up when you don't know what your talking about and want to just bash people who do not do the same type of investing you do.

     Yes "assigning" is exactly what I'm talking about when you convince yourself you are protected and have an interest in the property.  I double close will not protect you if the state decides to enforce the law because you practiced real estate without a license before the closing.  But, you have deluded yourself into believing "assigning" and a double close has protected you AS I SAID.  TO DO IT RIGHT AS A REAL ESTATE AGENT OR NOT YOU MUST BUT THE PROPERTY FIRST AND THEN LOOK FOR THE BUYER. du@du@.  But as I said it doesn't matter because the states do not enforce the law. 

  • Irvine, CA · Member since 2015 · 51 posts · 6 votes
    11y

    BUY not BUT THE PROPERTY

  • Flipper/Rehabber · Rochester, NY · Member since 2014 · 1k+ posts · 1k+ votes
    11y

    @Will S. isn't it legal in CA up to nine properties per year?  I head that somewhere.  And as far as I understand it is illegal in some states but not most.

    I'm not a wholesaler, though. 

  • Irvine, CA · Member since 2015 · 51 posts · 6 votes
    11y

    It is not legal in CA unless you own the property and then try to sell it.  I am a Broker of 18 years.  Also practiced in IL.  The same there.

  • Irvine, CA · Member since 2015 · 51 posts · 6 votes
    11y

    Its not ok to do something unethical 9 times but the tenth time it's illegal.

  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    11y

    This guy has only come onto this forum to complain and "troll" about wholesalers. Don't even bother arguing with him. Perhaps his account will be deleted soon.

  • Flipper/Rehabber · Atlantic County, NJ · Member since 2012 · 514 posts · 209 votes
    11y

    Yes I've seen this guy copy and paste the exact same post at least 3 different times. Please don't feed into his nonsense. 

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    11y

    @Will S., OK, we all hope you are happy now that you managed to get this subject off your chest (multiple times)...

  • Irvine, CA · Member since 2015 · 51 posts · 6 votes
    11y

    I'm sorry for having an opinion that is different and trying to honestly get people to think.  I think there are many ways to make money and just warning people to take a better route as one day your state may start enforcing the law.  Why do something that can (obviously not always) be pretty sleazy when there are so many other ways to make money in real estate?

  • Irvine, CA · Member since 2015 · 51 posts · 6 votes
    11y

    As far as talking about a topic more than once.  Really, I see people here that post to every topic and have talked about everything 20 times over.  I think it is good to participate.  No need to try to shut someone up by saying they keep posting the same opinion too much.  

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