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Posted almost 10 years ago

Wholesaling is illegal - No Really It is! (At least in my state)

I remember distinctly hearing from my trainer (the one I spent 31K on) that wholesaling was not illegal and that if any lawyer you talk to says it is s/he just isn't familiar with the concept or s/he is lazy. I believed this for many years until later last year (in 2014) I had a woman come to one of our REIA meetings in a panic because she received a cease and desist order from the Attorney Generals Office. When I heard this I nearly laughed thinking about the statement my trainer gave because lets face it it really doesn't matter what the AG knows, if he says it's illegal IT'S ILLEGAL.

Now I know that many of you out there may be saying "You are not selling real estate you are selling a piece of paper" and for those of you who are I just want to say that I would gladly fight the AG on this point if you are willing to pay all my attorney's fees. So far what lawyers I have talked to about it none of them are willing to represent me. 

Here is what 2 of the statues in my state say

(A) Real Estate Broker - list, offers, attempts or agrees to list real estate or any interest (a Purchase and Sales Contract) therein for sale or exchange.

(F) Advertises or holds himself or herself out as being engaged in the business of buying, selling or exchanging real estate or any interest therein. (I think a "We Buy" ad would qualify under this statue) 

If there is a Wholesaler out there that knows of a loop hole to get around these definitions (sorry options are covered in statue E.) I would love to hear it!

This leaves me with really only one option and that is to get a real estate license. But if you think just because I get a license I can now all of the sudden wholesale properties, "buzz" you are wrong again.

Wholesale buying involves buying the property at one price then charging an assignment fee to the investor. This is defined in real estate law as a net listing. 

Net Listing - A listing based on the net price the seller will receive if the property is sold. Sadly this type of listing is illegal in my state as well as many others. 

So in my state the only way to do "wholesaling" would be to do a double close but you better have your buyer's lined up because here you can't advertise for new buyers.


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