Contracts are assignable unless they have verbiage in them that state otherwise.
The Legal issue with wholesaling revolves around 3 things:
- Intent to buy
- Ability to buy
- Negotiating on someone else's behalf
Your intent should always be to actually close and then resell but there are situations where an assignment is the most logical decision for the buyer; for example, let's say you tie up a property but another more promising investment comes along and you have a limited amount of capital, in that case an assignment would make sense...I've seen these things play out in court so I'm speaking from the perspective of someone who has actually seen a "Wholesale case" litigated.
If you don't have the funds JV with a cash buyer, a hedge fund, reach out to a transactional lender, learn how to take title using subject to strategies, use an option contract. There's a ton of ways to make money from real estate without ending up in a brick room with "Big bubba" and a bunch of other real criminals or paying ridiculous fines.
Also...If you tie an agent or broker to the transaction you can avoid legal trouble there's 2 ways to do this:
- Get a license
- Hire a licensed agent or broker as an acquisitions manager
Both are good ideas especially if you plan on establishing business in multiple markets.
Oh I forgot 1 thing..you could also become an attorney and actually learn real estate law;)