@Nathan Gesner
Hello Nathan,
Sounds like you have also been confused by the legalities of wholesale like me. I had a post that transformed into a discourse on wholesale ethics. I have talked with people on both sides who each have their own evidence to support their conclusions.
My thinking was if I state those four points for the legal, honest way as you have in your original post then I would be able to be doing these sorts of deals ethically, keeping all parties interests at heart. I also heard from a wholesaler that I talked with yesterday that she asks people in off market deals why they don't go to the MLS and that they could probably get more money by working with a listing agent. Many of her clients had reasons for not going. I am not sure if they were good reasons or not though. Things like being ashamed at the condition of their house or being distrustful of agents. Emotion was a large factor. I guess behavioral economics is a real thing.
However, I have heard horror stories from other people saying that there were wholesalers who swindle unsuspecting home sellers out of their well deserved money. One story I heard was there was a couple in Massachussets who was selling a ranch home, three bed and two bath if i recall correctly. The wholesalers used the couples lack of knowledge to basically convince them that no one was going to be able to pay more than 220K dollars for that house when really it was worth 315K. The real estate agent I talked to managed to save the couple in time by listing the house and netting them the 310K that the house sold for. Thank god for that guy.
I honestly want to try and start in wholesale but there seems to be so much evidence for both sides that I am kind of crippled in terms of making a decision. People like Nicky and Steve make good points about spamming, lack of fiduciary responsibilities, swindling and scumbaggery in general that bolster the position that wholesalers are bad. On the flip side there are people I have met at REIA meetings who have helped sellers with their wholesale activities. The sellers were very relieved after letting go of their distressed assets and some even cried, if what she said is to be believed.
However, I am new to real estate in general and just sharing my thoughts and evidence that I have collected. I intend to do more research.