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Posted over 8 years ago

The Ethics of Wholesaling

Wholesaling is one of those real estate concepts that people tend to have strong feelings about whether they are all for, totally against it, or feel it should be done a certain way.

Investopedia defines wholesaling as a good or service sold to a middleman, other than the end user.  In real estate, this normally involves someone finding a good deal, getting it under contract and either assigning the contract or conducting some form of double closing to get the title to the end buyer.  So, how does such a simple transaction of properties or rights to real estate generate so much controversy?

I personally do not think wholesaling is the issue, as much as it is how it is done. I can't see how someone has an issue with someone working to find a good deal and assigning that contract or reselling to someone else for a profit (and I know some people do, please let us know in the comments).  The part where it goes south for me is people utilizing sleazy escape clauses to escape the deal if the can't find a buyer.  When you sign a contract, your intent should be to buy pending any contingencies you have or spell out that you do intend to buy if you cant find a buyer.  This practice is not only inconsiderate to the seller and any agents involved (not likely a good wholesale situation in this case), but also reflects poorly on the individual failing to close and can ruin the would be wholesaler's reputation. 

Below are a few other hot button wholesaling arguments and my thoughts on them:

- Wholesalers are not adding value

  • Finding discounted properties that investors can make money on create a win-win
- Wholesaling is illegal
  • Selling your own interest in a property is not illegal
- Wholesaling is a good way to get started in real estate
  • Although this has worked for a few, many getting started in real estate do not have the connections or knowledge to identify and resale at a value for all parties involved
At the end of the day, doing the right thing should always be the focus.  If you have a good deal, there is no need for any type of misrepresentation. If you are serious about moving into wholesaling, look for a mentor and learn the market.  Nothing will sink you faster than sending out bad deals or failing to close.



Comments (8)

  1. Nick and chris, thanks for the feed back, I totally agree.

  2. @Thomas@Thomasine Scott

    I personally don't think there is any issue with that.  Keep in mind having buyers in advance and accurately describing the deal go along way in being successful.  The idea of this blog was to get people thinking about the way they do business.  As I mention above, I don't think there is anything wrong with wholesaling, but I constantly see examples that IMO are bad deals or unethical.  The purpose is to prevent either from happening unintentionally.  I don't think you can go wrong when you go out of your way to do the right thing.


  3. Pete,

    You are correct, the issue is in the mechanics of the transaction. There are many on both sides that speak about the issue but don't have all the facts. There are so many issues with the way wholesaling is conducted, no one is teaching the proper way to conduct the transaction. I have yet to see a purchase contract and/or assignment agreement that wouldn't cause issues in front of State regulators or possibly law enforcement.

    Nick


  4. What if the wholesaler is completely honest with the seller? For example what if my marketing says something to the effect of I can hook you up with cash buyers effectively never giving the seller the idea that I'm going to purchase the property. I'd also let the seller know that if i cannot find a cash buyer then I'm going to cancel the contract. PS.. i am an extreme newbie that has never done a deal so please don't bite my head off:), just trying to gain as much knowledge as possible. if a seller still agrees to let me market the contract and i cant locate a cash buyer would you consider that the same thing as what you're describing?


  5. As an investor and a real estate broker, I have been on just about every side possible of a wholesale deal.  I totally agree that wholesaling isn't the issue.  Its how you do it that matters.  One of the biggest issues I have with wholesalers is when they tie up a property with a contract, they market it for a time, they end up Not finding a buyer, and then they back out of the contract.  This type of wholesaling is what has given wholesalers a bad name.


  6. @Duke Marquess and @Rick Corbin thanks for the feed back.  I think @Will B said it best, a wholesaler should be able to find highly discounted properties, have a strong list of serious buyers, and be able to accurately estimate arv and repairs.  Or something to that effect.


  7. Precisely my thoughts on the matter. 


  8. Very well said.