@Melissa Rivera
Wholesaling by assignment:
1. Find distressed property
2. Sign purchase and sale agreement with seller
3. Find a buyer
4. Sign assignment of P&S agreement with buyer
5. Buyer takes P&S agreement and assignment of P&S agreement to title co
6. Buyer closes
7. You pick up your check
Here are a few of the many issues the fauxsaling gurus won't tell you abut:
1. Does your contract actually give you 'equitable interest' in the property? (Go speak with an attorney)
2. In order to find a buyer, you're going to have to market. You can market your interest in the contract, but as soon as you include photos of the property, you're no longer marketing the contract, you're marketing the property..and brokering without a license.
3. In order for your buyer to buy, they're going to want to see the property; so by showing the property, you're brokering without a license.
4. What do you plan on telling the seller when they ask why you're bringing people to look at the house? If you're up front and honest "I'm selling the house to another investor" the usual response is.. "Then what do i need you for.. I could do that myself"
5. What happens when the seller shows up to closing and someone else is on the other side of the closing table.. and they realize that you were basically full of sh!t the entire time?
6. Understand the basic elements to be criminally prosecuted for "Fraudulent Inducement" (and see if it sounds a lot like "wholesaling" to you
a. The defendant made an intentional action, statement, or omission
(Falsely claiming to be a cash buyer, misrepresenting your intention and ability to close the transaction)
b. The misrepresentation was material to the decision to enter into a contract
c. The plaintiff reasonably relied on such misrepresentation
(Seller decides to sell based on your misrepresentation of being a cash buyer & having the intent and ability to close)
d. The plaintiff suffered some degree of injury, usually economic harm
How to avoid all this?
If there's enough equity, find a private money lender to fund the deal for a few points or a percent of the profit. Buy it. Sell it for a profit.
If there's not enough equity, learn how to get on title (ex: Sub2) "Mr Seller, there isn't quite enough equity for me to buy the property outright, but i would be willing to help you out by simply making your payments for you until i can fix it up and sell it" Boom, you've just landed a Sub2 deal.
There's nothing wrong with simply assigning a contract. The issues arise from the deceitful techniques taught by the gurus and fauxsaling cheerleaders on BP
Good luck :)