Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Nikki Harmon

Nikki Harmon has started 3 posts and replied 45 times.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Hattie Dizmond:

@Nikki Harmon

I realize I'm late to this discussion, but did you not require an EMD from this bozo?

There are a lot of people out there claiming to be a lot of things. It's unfortunate that the result is a generalized profile or all wholesalers. A wholesaler should be required, and willing, to post an EMD, and that EMD should be significant enough to make it painful for them to not provide a closing for the deal.

That same wholesaler, will likely require a $5k - $10k non-refundable deposit from their end buyer to protect themselves from non-performance.  Sellers should expect nothing less.

 Also, I sent you a colleague request and forgot to send a message with it, and now it won't let me after the fact!

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Hattie Dizmond:

@Nikki Harmon

I realize I'm late to this discussion, but did you not require an EMD from this bozo?

There are a lot of people out there claiming to be a lot of things. It's unfortunate that the result is a generalized profile or all wholesalers. A wholesaler should be required, and willing, to post an EMD, and that EMD should be significant enough to make it painful for them to not provide a closing for the deal.

That same wholesaler, will likely require a $5k - $10k non-refundable deposit from their end buyer to protect themselves from non-performance.  Sellers should expect nothing less.

He paid an $1000 EMD. I now know that this isn't enough, and require 2 percent.

Post: How do you deal with offers below your contracted price?

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Neal Collins:

As I've learned, we are always buyers and sellers of real estate. No seller ever wants to tie up their property to someone that can't close. It's a good way to make a bad name for yourself and really irritate the other party.

What I do think is acceptable, though, is attempting to negotiate the deal so that is does work for everybody. This may not always be possible, especially if there are too many cooks in the kitchen. 

Expect people to routinely use inspection periods to pull out as well as renegotiate. That's pretty standard across the board. 

 This is exactly what happened to me.  https://www.biggerpockets.com/forums/48/topics/228...

Renegotiating is reasonable in a contract during the exception period.  What I'm asking aobut it something else.  Lets say the only offer you get on a property you are wholesaling is the exact contract amount you have with the seller, cutting your profit completely.  Buyer will not renegotiate their contract with you, and you will not/can not close otherwise, without an endbuyer.  Do you deny the seller the actual cash buyer? 

Post: How do you deal with offers below your contracted price?

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Mary B.:

Are you talking a few grand less, which may cut into the wholesalers fee? This depends as some deals can afford the wholesaler $20K+ in profit so a few grand(i.e.$3500 to $6,000 haggle figures) less shouldn't be an issue and the wholesaler should just eat that in their fees. I would - $14K is better than nothing. Though, imo, if cash-buyers are offering substantially less, then the wholesaler's numbers are inaccurate, be it from greed or just miscalculations. 

Kudos,

Mary

 I am talking about an offer that cuts your profit almost completely, or completely.  I recently started a thread about a wholesaler misrepresenting themselves to me, and getting me under contract selling my personal home (I'm new to real estate and just beginning) to him as a cash buyer.  He marked up my property and then had other wholesalers mark it up on top of that.  He had cash buyers come in to my property under the guise of being his "partners".  It is a long story, if you are interested: https://www.biggerpockets.com/forums/48/topics/228...

My thought is how many people viewed my property and may have been genuinely interested in purchasing my property, but not at the considerable double markup?  Did he get any offers at a price to close to his contract?  Would those be turned away?  This particular wholesaler never intended on closing on my property myself as he indicated.   With that in mind, a property that you cannot and will not close on, do you have the seller lose out of the buyer that CAN and WILL close on it?

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Mark Ferguson:
Originally posted by @John Thedford:
Originally posted by @Mark Ferguson:
Originally posted by @John Thedford:

@Paige Clarketwo simple reasons: read the full thread. This person has victimized the homeowner. I have purchased properties from sellers AFTER they were victimized by fraudsters just like this. It is a felony in the State of Florida to operate in this manner. See chapter 475 Florida statutes. How would YOU feel if some fraudster pulled this on you? Would it be OK?

 I'm not really sure what damages were done. She had the house under contract for 7 days and it fell through. Same thing could have happened if it was listed. 

Mark: I partly agree. If she had a LEGITIMATE buyer that had inspections...then chose not to move forward, that would be HONEST dealing. This jerk LIED AND MISLED the seller. Furthermore, they are without a doubt operating as an unlicensed broker. That is a felony in the  state. They had no intention of buying. At what point is lying and deceit OK? It isn't.  As a matter of fact, I purchased a house in 2012 from a seller who kept asking "how do we know we can trust you". I found out why the concern. Another fraudster had pulled the same thing on them as the OP. These frauds aren't reneging on buying a car off the lot, they aren't changing their mind about something they put on layaway at Sears, they are messing with peoples lives, probably the biggest investment they ever will own, and something that often has extreme emotional ties. Why is the practice of real estate so heavily regulated? To protect the public (but you know that)! 

 So you are saying what makes this illegal is the buyers intention of whether he was the end buyer or not? How in the world can you prove what someone's intentions were when they made the contract? Laws and legalities are not based on intentions, but acts. The severity of the punishment may be determined on intention, but not the legality of the act itself. That is what contracts are for. To show what both parties agreed to in writing. The contract had an assignment clause which tells me he had the legal right to assign the contract. Is it legal to have an assignment clause in florida?

 What about violation of good faith and fair dealing? 

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @David Oldenburg:

@Nikki Harmon  Someone above said to put the $20,000 into the property yourself and sell for retail. I agree completely.  If you do not have the $20,000, but have equity, borrow the money against the home. I have done this before. I call this a "reverse flip"...it's when the home is flipped, with the owner still owning the home!

Private money lenders like myself, love this kind of a deal, because the risk is so low.  If the home is owned free and clear and you need $20,000, the risk to me placing a $20,000 1st mortgage is very low.  I don't loan in your State, but I am sure there are many private money investors who would want that deal. :-)

 We have strongly considered it in the past, as we own the home free and clear, but we have emotional and financial reasons for moving on.  Most importantly, my husband's union does not have work down here, but has work where we are moving.  We can only afford to move if we sell the home.  

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Jay Hinrichs:

@Nikki Harmon  put the 20k into the home and then sell for full retail. my experince with teh buying public mirrors Mark's   when there is work to be done what a retail buyer and you will think about the costs of repairs is usually way different your thinking 20k they are@Mark Ferguson

thinking 40k and will offer accordingly   the buyers buy and large are not versed in remodel and updating and usually don't have access to subs that most fix and flip folks do so their costs are far greater.. 

 While we have considering putting the work in ourselves, and have been doing the work little by little ourselves, there are financial and emotional reasons for simply selling and moving on.  Most importantly, my husband's union doesn't have work down here, but has work where we are moving.  We did have a family friend that was preapproved to buy our home, several months ago, but it was contingent on him selling his home.  At the time, with me being at the end of my pregnancy, it worked out nicely for us to wait.  However, he was unable to sell home in time, and we could no longer wait for the possibility, so needed to get the property on the market.  And that is where we are at today.

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Mark Ferguson:
Originally posted by @Brent Coombs:

@Nikki Harmon, you asked "If cash flow is strong, what kind of percentage of ARV should you limit yourself to? I imagine that in a case with really good cash flow, you might consider full ARV minus repairs? Is that completely off base"?

Mind you, when you are SELLING your property, like now, there should be no reason for YOU to need to sell at that sort of discount. Hopefully, you can wait for that owner-occupier who likes you property and wants to update it to their taste, and will pay you FULL as-is value.

@Mark Ferguson has the wise policy of not offering over 80% of current value (so, don't sell him yours). 

ANY home buyer can pay retail, any day of the week (though I don't know where they would be finding lots of properties that consistently cash flow by paying the full retail price - with borrowed money). Remember what this site is called - and I'm fairly certain that paying retail for property will not get you applying for those bigger pockets any time soon. The mantra around here is "you will already be in profit from day one, by buying at the right price" (ie. well below CURRENT market value). Cheers...

Brent, if she sells at full arv minus repairs that is not a discount. If ARV is 300k and the home needs 30k in repairs she is asking if some one would pay 270k. I am not saying everyone will want a 20 percent discount, but I think 99.9 percent of people will not pay 270k on a house that needs 30k in work to get to 300k value when they could just buy an already repaired 300k house and not worry about repairs. That's not a discount at all.

For one an owner occupied buyer may not be able to get a loan depending on how severe the repairs are. The OP also wants a quick cash sale which an owner occupied buyer is unlikely to be able to do. 

Second if a house needs 30k in repairs the buyers probabaly can't finance that and will have to come up with 30k in cash and possibly wait for repairs to be done before they move in or have them done while they live there. I've been an agent and investor for almost 15 years and almost all owner occupant buyers don't want houses they had to fix. The ones that want fixer uppers are savvy buyers who can do the work themselves and want to get a smoking deal. 

About the only time the ARV minus repairs might fly is in a crazy sellers market where their are simply no homes for sale and that is the buyers only choice.

House is not in serious disrepair.  It needs updated kitchen and bathroom, and new flooring, some other minor stuff like replaced baseboards, and of course paint (but I feel like that is always a given with any property).  AC is pretty new and in good working condition, and roof was completely replaced and updated 7 years ago.  We still have the original paperwork for that.  

Post: Wholesaler Misrepresented himself

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6
Originally posted by @Zeak Hill:

@Wayne Brooks I don't blame you I wouldn't accept any kind of buyer who wants to close on a residential home in 90 days, 30 days maybe. I don't know of any wholesalers who would try to get a contract on a house for 90 days. Most wholesalers attempt 30 days or less with advertisements that say quick closing. So, it looks like you don't work with wholesalers at all based upon what you said ? Most wholesalers will offer you a wholesale price what most of you realtors call "low ball". 

The bottom line is the seller got educated after she signed a contract with the wholesaler and continued to work with him for the several days after she fully understood what he was doing including letting his potential buyers view the property. The majority of wholesalers I know operate in this same fashion and the seller will find this out when she gets in the game. Only thing I have a problem with is that he may have not been polished enough to know his numbers and repair costs along with the prices other investors are willing to pay in certain locations.  So he wasn't able to sell the house in the end of 7 days, hopefully some earnest money was collected to compensate for those 7 days ? If not then make sure next time around.

The other fact is realtor's buyers have option periods and in Texas you pay an option fee for this but it can be waived or negotiated by the seller / buyer if they don't like it. Also realtor's buyers mostly come with bank financing that takes 30 days or longer which that can fall through at the end and repeat itself with another buyer if you are really unlucky. I know you seen this happen and happens quite often.

Therefore, lets not make wholesaling seem fraudulent and pretend that working with a realtor / broker is better or faster way to sell a house. In some instances it is an advantage like the market we are in Texas not sure about Florida. It still depends on the condition of the property and price.

Most realtors I know like to tie up a listing for 6 months are more, is that right ? Watch out for that if this seller decides to go with a realtor / broker.

One good advice that I saw was someone said that if she was willing to sell at a heavily discounted price then she should be able to do it herself if the price is right.

Don't do it through a realtor unless you negotiate their listing fee but you still have to come off that 3% for the buyers agent fee so you will be out of 5% or more. Since your dad is realtor he can do it for free. Isn't that what most of us do for our kids..LOL. Here in Texas we have what you call discounted realtors were you pay a fee up front light $500 - $700 & you pay the 3% to the buyers agent.

You can also call the wholesaler back and ask him why none of his buyers was interested in buying the property. If you get this information this may help you sell it faster if you can eliminate the obstacle.

 Did I have a choice to work with him or not if I was under contract and he would not answer whether or not he intended to close on the property himself, even if he could not find an end buyer?  I let one more person visit the property in hopes that it would work out for us anyways, and because he would not answer me directly, and I was pressuring him for an answer.  

I know exactly why none of his buyers were interested in the property.  The deal we made did not leave room for a wholesale markup of $12000, plus another mark up if $5000-$10000 for anyone that he had re-wholesaling (I don't know what to actually call this, so if that isn't a word, let's just pretend it is.).  I'm almost sure he didn't research the property and just put me under contract on the chance he could flip it.  He never even visited the property, instead repeatedly telling me he was tied up in Broward, but could this and that "partner" come check it out.  

Like I said before,  I wasn't necessarily intending to sell at a heavily discounted price.  I was just researching what these places might offer, and I received a good offer, or so I thought.  

Post: How do you deal with offers below your contracted price?

Nikki HarmonPosted
  • Real Estate Agent
  • Davenport, FL
  • Posts 45
  • Votes 6

I am not a wholesaler, but I am curious, especially after my thread about a wholesaler that misrepresented himself to me.  Now, there is a lot of debate about the wholesaling topic over there, but something came to my mind.  What do you do if you cannot find an investor to flip a contract to other than one that offers you at or below the price you have contracted with the homeowner?  This is in reference to a property in which you intend to use your "inspection" period to walk away if you cannot find an end buyer, not a property you intend to close on yourself.  Do you turn down the offer, or do try to renegotiate your contracted price with the buyer, or simply connect the two to negotiate a price since you cannot close yourself?