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Updated over 7 years ago,

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Adam C.
  • Brookline, MA
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Beginner looking to start Wholesaling In Massachusetts

Adam C.
  • Brookline, MA
Posted

Hi all,

I am a newbie looking to get my feet wet into this industry and wholesaling seems to be the best first step to get started. 

First and foremost, is real estate wholesaling illegal in Massachusetts? I am aware that wholesaling is not legal in all states, such as Ohio. 

In regards to the paperwork, I read a lot of answers about putting the specific wording of "buyer and/or assigns" into the contract. In the unfortunate event if I have to go to court to enforce the contract, would a judge rule that this wording is too unfair to the seller? In other words, "buyer and/or assigns" would give the impression that you can have your cake and eat it too. I spoke to a friend who is a legal nut and he said the "buyer and/or assigns" wording might be asking for too much. Instead he suggested it be better to use a real estate options contract instead. In that case, what would be the advantages and disadvantages of either options, and which would make more legal sense?

Finally, in regards to the P&S agreement, is there a specific form to be used for the state of Massachusetts? I went to the MA RE Board but I was given the option to purchase their contract. I found a copy of the Greater Boston Real Estate Board Standard Form Purchase & Sale Agreement but this document is copyrighted. How should I go about getting the proper paperwork?

Any answers or suggestions would be greatly appreciated. Thanks!!

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