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Updated about 7 years ago on . Most recent reply
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Advice for a Newbie in Wholesaling
Hello BP Family! I am new to real estate investing and would appreciate any advice for wholesaling in Sacramento / Elk Grove. I've read tons of books and watched a lot of training videos but I learn better by doing the critical day to day tasks for success. I'm also looking to build a solid network of seasoned investors. Thanks guys!
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- Real Estate Agent
- Sacramento/Placer ~ San Francisco Bay Area counties
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Make sure it's clear you have no intention to buy the property but you are selling contracts as a business, and since you have your real estate license sooner or later you'll have to disclose. Now you're selling securities without a securities license too. This is illegal and highly regulated. Now you've got the SEC on your back and you don't want a sanction on your license.
You need to get your business structure, paperwork and processes looked at carefully by a good real estate and business attorney... and get ahead of this.. before you're paying big fees on defense attorneys.
However, be careful when you market your deal as a wholesaler to an end buyer or investor. You cannot market the HOUSE (versus market your contract) for sale. Because when you try and sell 123 Main street a 3 bed 2 bath house on Craigslist without disclosing you have a RE license you are violating CA business and professionals code. And you are committing fraud selling a house FSBO you do not own.
Remember that now that you have your license your held to a higher standard!!
If you offer your CONTRACT for sale or market to people on your buyers list you should be OK. It's a very gray line and you really need local RE legal advice here. (CAR hotline)
Good luck....