The guy learned to play the I am a cash buyer game but hasn't learned that the game has rules too. I would tell him he has 24 hours to cancel the contract in writing or you are going to file a complaint with the district attorneys office for fraud and them file a lawsuit for fraud by misrepresentation. He said he was a cash buyer, not he was going to find a cash buyer and assign it, and where I come from that meets the misrepresentation guide lines. I am a cash buyer means just that, he is not, nor able to be a cash buyer unless he can obtain the cash and have it under his person control in a timely manner, the asignnee is the cash buyer not him, and I doubt any judge would rule in his favor, his statement was intentional and misleading.
, I have tried to retire since the first of the year but recently one of these wholesale jerks showed up and the seller, who met me during a hospital stay, gave me a call asking if I could just sit in and listen to what an investor who was going to make an offer on his home is offering and to give him my opinion. The investor, really a wholesaler, shows up and I am introduced as a friend that stopped by. This guy couldn't give a straight answer if his life depended on it. I stayed silent until he said he was a cash buyer and so the deal wouldn't be delayed or killed by some banker. So I said, so you personally have all the cash at the present time? He said yes. Me, that's great, where is it right now? He said what do you mean? I said where is it now, right at this moment, under your mattress, in a bank account, if you have it it has to be somewhere, where is that somewhere. His answer, it will be there when we need it.
Well I said it seems to be that your really a wholesaler planning to assign the contract to a real cash buyer is that right? He said no, I have a partner who has the cash. I said great, then you are both going to be on title together, right? Yes he said. I the turned to my friend and said you guys can come up with a price but don't sign a contract until his partner is here to sign it too and all of you have agreed to the proper terms and conditions that should be in this type of contract to protect all of you. Wholesaler quickly says I'm not interested in this property any more, I'm going to pass on it.
My friends wife later said now we have lost the buyer. No I said the real buyer is the guy he was going to assign the deal to, we will just find him. They wanted a very fast sale for very personal reasons, and they came over to my place the next day, and a day on the phones resulted in a cash buyer at a fair price. Closed in 3 days. We placed a sold sign on the property just in case the wolf drove by just to bug him, if he had learned to be honest and fair and ethical in his dealings, that property would have been another good, and quick deal for him. Money in the bank. But the sellers were able to leave the money with more money by not doing business with the "pickpocket".
In one area that I did a lot of wholesaling in during the late seventies, and early eighties, the wholesalers had sort of a MLS, and greedy, or unethical guys were given the label "pickpockets" and not allowed to play with us. Investors soon learned if they did business with the pickpockets, the calls from the "MLS" seemed to dry up and they had to find their own deals, and they wanted to spend their time doing deals not finding them. The pickpocket had to learn how to do the deals themselves, or change his marketing location.