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All Forum Posts by: Michael Giorgianni

Michael Giorgianni has started 5 posts and replied 39 times.

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9
Originally posted by @Account Closed:
I don't usually share my contract or legal doc info. But maybe this little bit will be helpful to others reading this thread. I'll stand by statement that it's important to speak and act as a principal. IMO, the word fee doesn't have a place in what is typically considered wholesaling. One of my assignment agreements refers to consideration in the sum of ...... . Another refers to good and valuable consideration and doesn't reference the specific amount on the face of the assignment. There is separate form that indicates the amount I sign when I receive the funds. Yet another, when purchasing interests in estates via assignment refers to "consideration".

This is one of the disclosures:

Assignee understands and agrees that Assignor is not acting as a real estate broker or agent in this transaction and is not representing the Seller, but acting as a principal in selling her interest in the above-referenced Purchase Agreement to Assignee.

Not legal advice. So go get some. :)

I understand your point of view. Are you a licensed agent?

Post: Are all wholesalers act like this?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9

These wholesalers are a dime a dozen and are the ones that will be in and out of the game rather quickly. Build it like a business! I started wholesaling 7-8 months ago and have closed 9 deals. Not much, but it's a start. All of my properties have been deeply under market, cheaper than foreclosures and anything comparable on the mls.

My investors are buying at 65% of market value "minus" repairs or strong cash flow properties.

I have done little market due to my full time job, but now vamping up my business.

There are legit wholesalers out there! I've met some shady ones myself though too.

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9

I'm getting off subject here though. I'd like to know if anyone else is "reselling" or "wholesaling" real estate with an active real estate license and have to have these profits go through their brokerage company?

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9

Is there a difference whether the word fee is used or not? I'm assuming anybody can call it what they want. I use the term wholesaling when structuring a deal with an assignment or double closing (transactional funding) as neither would be using your own funds. Reselling to me would be buying/closing on the property myself then selling it. To each their own, I guess.

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9

Unless otherwise explained, this would be very similiar to me actually buying/closing and reselling the property and the brokerage wanting to take a percentage of my "profit"?

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9
Originally posted by @Account Closed:
I'm dislike the term "fee" and don't understand why wholesalers keep using it. Your profit/mark-up on an assignment of contract or resale is not a fee. You are either selling/assigning your contract or you are doing a double close, thereby reselling. It's not an assignment "fee" nor is it a "wholesaling" fee.

The supervising broker has every reason to be concerned if one of his agents is collecting "fees" and every reason to put that "fee" through the brokerage.

Agents buy and sell their own deals everyday. Most supervising brokers can handle that. Stop calling what you do wholesaling, stop calling your profit a "fee". Act, think, and speak like a principal.

Please understand it's a legal term that is placed in an "assignment agreement" that we as investors use instead of the term commission. It's "our fee" or like you said profit. However, let me know how you would write an assignment agreement without the word "fee", I'd love to hear your ideas.

I'm not doing double closings, this is another way to buy and sell, however, all of my deals have come from assignment agreements. I put a property under contract and assign my rights to that contract for a "Fee".

I did not want to get into a debate about your frustrations against wholesaling real estate, again, another "term". So if you don't have anything of value to add. Please move on.

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9
Originally posted by @Shawn Mcenteer:
@Michael Giorgianni contact a few brokers. I suggest letting whoever you contact know that all leads you cannot wholesale can then become potential listings for the brokerage. I think the majority of brokers do not like it because of what they feel is illegal but you need to explain to them what you are doing is not illegal and eventually you will be with a brokerage that will allow you to hang your license and collect splits on the listings you generate. I have not begun to wholesale yet but I spoke with RE lawyers in my state to confirm wholesaling as an agent is legal. It may be wise of you to have lunch with your potential broker and RE friendly attorney this way all questions/concerns can be answered and put to rest from the start.

I will say when I approached the initial broker, right from the start assumed it was illegal and felt like I was giving a lecture on wholesaling, gave them resources of other individuals who are doing the same thing, explained the process and different situations.

It's not very easy to meet for lunch with the legal counsel with my state association of Realtors as their office is 2.5hrs away. Maybe a phone consultation. I'm going to contact a couple other brokerage companies to get some additional opinions to see if this helps.

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9

Would you suggest just contacting another brokerage company?

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9
Originally posted by @Wayne Brooks:
No, deals where you are NOT acting as an agent for someone, shouldn't go through the brokerage. The broker's concern, and a good one, is that the line between when you're acting as someone's agent, and when you're acting as a principal, can easily become blurred. The broker is concerned about ending up liable for something you do, while you consider yourself Not acting as an agent, but it may be interpreted differently by regulators.

When you say "regulators", are you referring to the Brokerage Company or the legal interpreters with the Association of Realtors?

Post: Wholesaling Real Estate With License - How commissions/fees are handled?

Michael GiorgianniPosted
  • Rental Property Investor
  • Danville, VA
  • Posts 44
  • Votes 9

I have been building my wholesaling business for about 7-8 months now and have successfully closed 9 deals so far. I'm trying to find a real estate brokerage to hang my license with and have hit a little dilemma and trying to get some assistance.

I've spoke with a brokerage company that wanted to speak with our state association of Realtor legal hotline before signing me up and have come up with this scenario:

Any wholesaling fee or commission must be run through the brokerage company.

I can understand the commission, however, the problem I have is the fact that they need my wholesaling fee to go through the brokerage company as well??? Mind that I have been doing this without a license for months now. Is this common with Wholesalers that obtain their Real Estate license.

I feel like they are trying to collect both ends of my money.

Keep in mind, my decision is to do both!