Originally posted by @Jason D.:
@Brian Jordan I would agree, that in the scenario you used, they are a customer. They are selling YOU their property. When you put the property under contract with the intention of finding them a buyer, they are a client. You are helping them market their property in order to sell it.
"Wholesalers" claim that they are selling a contract, but no buyer will simply look at the contract and buy it. The contract has no value without the property that is attached to it. So you HAVE to market the property, along with the contract that is attached.
If you really want to wholesale, you have to purchase the property, then resell via double close or by other means of marketing. Assigning a contract with no intention to purchase, and then marketing that contract, is not leagal in any state that I can think of
I believe you're confused when you state "assigning a contract with no intention to purchase" I believe you mean executing a contract with no intention to purchase. The Assignment doesn't come until I've found a buyer for the contract. I also cringe when I see you state "If you really want to wholesale, you have to purchase the property, then resell it via double close. This is not only confusing (If I've already purchased the property, then there's no double close) but the whole statement is more based on your opinion than law. Your statement is your opinion of what wholesaling is. I've been wholesaling for 9 years full-time and have closed over 400 transactions in 2 different state, Texas and Ohio. My definition of wholesaling is very different from yours but that's just my opinion. You mentioned that when I put a house under contract with the intent of finding a buyer, I've now made the seller a client. This could not be more inaccurate. I do not have a Client until they have signed the necessary paperwork explaining agency and both parties have agreed to that relationship. I single action from a single party in no way creates an agency or fiduciary relationship. Also, you can talk about intent all day long but we seem to be focused on the legalities of it all so I'll say this. Good luck proving intent in a court of law. I can imagine it would be next to impossible. Now, all of this being said. I highly encourage wholesalers to get their real estate license. Besides the legalities, it gives you access to the MLS and incredibly powerful training to make you better at your craft. Best of luck to all you wholesalers out there!!! Don't get discouraged. Educate yourself and always do the next right thing!