I tried to read this whole thread and I have a couple of comments and a question.
The question first: What constitutes marketing? Someone said "Don't post it on craigslist...that is why you have a buyers list." If I e-mailed an unclosed deal to a buyers list isn't that also marketing?
Also, I have never done this, but I know a broker who has put properties on the MLS while they are under contract, but before his client closed. I was told they did all their due diligence and it was legal. Personally, I don't mass market anything until I close. I'll show it to a few people but that is it. I always plan on closing myself, although I have and will assign them too.
My comments:
First, there are great posts in this thread I cannot rival. My main problem with any wholesaling discussion is every single time it is allowed to be reduced to the wholesaler as "having no money, sending out letters, never intending to close, planning on weaseling out if they can't find a buyer, etc." Thus the entire discussion is built on a strawman. Of course that type of business model is unethical and (almost always) illegal. But that is not the only way to wholesale. I'm not naming names, but some people on this forum basically have this definition copy and pasted and somehow shift every thread into arguing over this definition of wholesaling. Now the discussions becomes like discussing politics, all strawman, no facts, big generalizations, and just a waste of time.
I also don't blame people who think that is how you do things at first. The first real estate seminar I went to AT MY REIA had the instructor say "now, in your contract put subject to business partner's approval, and WE ARE ALL YOUR BUSINESS PARTNERS *exaggerated wink*, so you can say we did not approve and back out." This guy was on the board of my REIA, which BiggerPockets told me to go to. I have enough business experience to know that was some garbage logic and god bless defending it in court, but most people would think it sounds logical. After all, this is a position of authority (successful investor, REIA board member, etc) telling them it is OK. You don't need Robert Cialdini to tell you most newbies will believe someone with that much authority.
This is where these constant hijackings hurt the wholesaling board by the way. Berating someone as a criminal, as was happening in the wholesaling forum quite often (I quit going to it because of the constant hijackings) will never let anyone learn why bs contract clauses are wrong. Maybe it has changed, but darn near every thread flew off the rails with brokers posting about how terrible it is.